FIDUCIARY DUTIES: MORAL AND LEGAL ASPECT

It is noted that the implementation of fiduciary duties is carried out on the basis of the principles of loyalty, care, mutual trust between the parties, that is, on universal human values, manifested in the moral and ethical standards of business partnership relationships in the legal field.It is argued that the moral and legal aspect of fiduciary duties is based on fiduciary obligations: -to act exclusively in the interests of the legal entity; -to exercise powers in good faith and reasonably and within the limits determined by the charter and applicable legislation; -to act in a manner that, in good faith, will contribute to achieving the goal of the legal entity's activities; -to avoid conflicts of interest.Care, loyalty, good faith, willingness to take into account the interests of others, a reliable and responsible attitude to duties, compliance with the norms of law and morality are the basis of fiduciary duties.These are certain standards of behavior characterized by honesty, openness and respect for the interests of the other party to the contract or the relevant legal relationship.The requirement of competence in activities that require special knowledge or skills, which, according to the expectations of society, a responsible person who is entrusted with fiduciary duties should have, is important.It is emphasized that the concept and phenomenon of "fiduciary duty" requires specification and substantive justification in modern legal science.In particular, it is important to distinguish between the evaluative properties of the category of "duty" and the purely legal content of this phenomenon.This is important in order to avoid ambiguous understanding and interpretation by the parties of their rights and the duties assigned to them.An important requirement for the effective implementation of fiduciary duties is the awareness of the parties of fiduciary responsibility as the obligation of a person to act in the interests of the other party (principal), guided by the principles of good faith, loyalty and honesty, as well as the awareness that in the event of a violation of these obligations, civil liability arises.The complexity associated with fiduciary duties also lies in their abstractness, as well as in the insufficient readiness of the judicial system for a deep interpretation of these concepts.12(17) 2025 700Keywords: fiduciary duties, fiduciary legal relationships, care, loyalty, good faith, moral and ethical aspects of fiduciary duties.Романова Альона Сергіївна доктор юридичних наук, професор, професор кафедри теорії, історії та конституційного права Інституту права та правоохоронної діяльності Львівського державного університету внутрішніх справ, м.Львів, https: