Inter-Branch Analogy in the Practice of Overcoming Gaps in the Legal Regulation of "Golden Parachute" Payments

The author of the article explains the advantages of using the method of inter-branch analogy and the use of established civil-law mechanisms to govern unsettled labor relations associated with the need to exercise judicial control over the amount of compensation paid for early dismissal to chief executive officers, their deputies, chief accountants of organizations in cases when dismissal occurs in the absence of any wrongdoing on behalf of an employee due to the change of ownership of the legal entity property or individuals controlling the legal entity. The author argues that lack of clear regulatory criteria applicable to determine the limits of discretion to establish the amount of such payments, legal uncertainty with respect of prior approval necessity and possibility of subsequent challenge of "golden parachutes" agreements on behalf of the beneficiaries of the organization constitute the most significant legal gap in the field in question. Due to the fact that a high degree of similarity was established with respect of the regime of transactions and labor agreements of top managers with regard to "golden parachutes" arrangements and a significant legal similarity was revealed between "golden parachutes" and civil law compensations paid to the creditor when the debtor exercised the right to unilaterally refuse to fulfill of the obligation, the author insists on doctrinal support for the application of rules applied to challenge major transactions and (or) interested party transactions to labor "golden parachutes" agreements, as well as the application of the mechanism of judicial reduction of abusive civil-law compensation to labor disputes in question.