ЗАКОНОДАТЕЛЬНОЕ РЕГУЛИРОВАНИЕ И ДОКТРИНАЛЬНЫЕ КОНЦЕПЦИИ ОПРЕДЕЛЕНИЯ КОРПОРАЦИЙ И ИХ ПРИЗНАКОВ В РОССИЙСКОМ ПРАВЕ

Abstract

The reform of the Russian civil legislation carried out in 2014 also affected the definition of “corporation”, which was legally enshrined. However, an issue of the legal nature and place of the corporation in the Russian civil legislation remains open. In the legal literature, approaches to the definition of the term “corporations” are far ambiguous. Various approaches to the concept under study are considered and the reasons for the differences in the interpre- tation of the term “corporation” are revealed depending on its legal personality status. The article notes that a corporation in Russian legislation is a generic concept for legal entities with the appropriate characteristics, and not its inde- pendent organizational and legal form, and also considers the characteristics of a corporation (the right of membership (participation) in a legal entity, as well as the formation by the founders (participants) of the highest manage- ment bodies). It is noted that the participants of the corporation not only cre- ate a new legal entity, but express its will through the will-forming bodies of the legal entity. The nature features of a corporation determine on what basis, and in what organizational and legal form it will be created. At the same time, participation (membership), an association of persons acts as a system-forming feature of the type of legal entity under consideration.