დირექტორის პირადი პასუხისმგებლობა, როგორც ხელმძღვანელთა ფუნქციონალური ავტონომიის ძირითადი წინაპირობა. (შედარებით სამართლებრივი კვლევა)

The subject of this research is the scope of the director's independence according to the legislation and case law of Georgia, Germany and the USA. The study analyzes the normative content and case law of the corporate law norms of these countries. Formal, logical and comparative legal
research methods are used for the purpose of research. Based on the method of formal analysis, norms of law on the independence of the director in the process of managing a joint stock company are analyzed and compared. Judicial practice is analyzed based on the method of logical analysis, and the method of comparative legal research is used to compare the norms of corporate law in Georgia, Germany and the United States. As a result of the research, it was revealed that the new draft law of Georgia on Entrepreneurs envisages the enactment of legal norms with the content that to some extent guarantees the independence of the director in the process of public management. On the other hand, these guarantees are insufficient and it is possible for a director to become a nominal figure in a case where a dualistic model of company management is chosen by the founders to manage the company. According to the new draft law on entrepreneurs, the issue of informing the director is not defined either. Based on the text of the law, it is not possible to determine what standard of awareness exempts the director from personal responsibility in the event when the company is damaged as a result of his decision. Within the framework of the research, the changes envisaged by the draft law of Georgia on “Entrepreneurs” related to the violation of fiduciary obligations by the director are analyzed. The final part of the study summarizes the results of the study.