К вопросу о соотношении понятий "холдинг", "группа лиц" и "финансово-промышленная группа"

Abstract

There is no general definition of the concept of “holding” in Russian legislation. There is no federal law that would regulate the activities of holdings, groups of individuals and financial and industrial groups. Purpose. The authors' aim is to analyze the existing forms of participation of organizations in business associations. Distinguish between the concepts of “holding”, “group of persons” and “financial and industrial group”. Methodology. As the methodological basis of the research, the general principles of scientific cognition (comprehensiveness, consistency, objectivity, methodological pluralism), the general philosophical method (dialectical), general scientific methods of cognition (comparison, ascent from the abstract to the particular), general logical methods (analysis, synthesis, induction, deduction, generalization, classification, abstraction), specially-legal methods (formal legal, method of interpretation of legal norms, dogmatic). Results. As a result of the conducted research, various forms of business associations were analyzed, it was revealed that a financial and industrial group is a private manifestation of a holding, and a holding is a private manifestation of a group of persons. It is noted that the adoption of the federal law “On Holdings” would allow for a clearer delineation of the analyzed concepts, which would contribute to the improvement of legislation in the field of legal relations under study. Conclusion. This article is of interest to the scientific community because it forms and systematizes the theoretical basis for further research on the problems of various forms of business associations.