Legal regulation of the family members’ entrepreneurial activity and inheritance relations: law enforcement problems

Vladislav Vasilyevich Kudryashov,Valentina Sergeevna Lepeshkina,Irina Vladimirovna Sazonova,Viktor Anatolevich Altunin,Aleksandr Anatolevich Potkin,A.A Pavlovna,M.K Intykbayev,I.P Koryakin,M.V Bavsun,E.G Gimpelson

doi:10.1051/shsconf/202110801011

Vladislav Vasilyevich Kudryashov, Valentina Sergeevna Lepeshkina + Show 8 more

Open Access

https://doi.org/10.1051/shsconf/202110801011

Copy DOI

Abstract

The problem of transition in the line of business assets and obligations succession with regard to norms of civil, family and business law represents an important legal problem as for the matter of family business succession. Russian legislation does not determine the family business succession as a single entity, there exists no special regulation as well as the term “entrepreneurial succession”. The doctrine gives a reasonable conclusion that “practices of the recent past reveal substantial problems of marital regimes legal regulation under a digital transformation of the economy”. Inheriting different properties that can be collectively referred to sphere of entrepreneurial activity causes many problems of similar properties transition in the line of succession in the field of law enforcement. Determining particularities of legal regulation of inheritance relations complicated with business activities in order to ensure efficient regulation of succession to business assets and debts and as well to ensure law enforcement stability. The methodological base for the present scientific research is represented by the system of general scientific and specific scientific methods and research techniques, including a historical method, a logical method, a method of system analysis and research, a comparative legal method, a statistical method, a functional-structural method, methods of analysis and synthesis, a method of specification, an empirical and theoretical method, i.e. analogy, deduction. The authors suppose that in conditions of the world financial crisis complicated with consequences of the coronavirus pandemic small businesses are the most vulnerable, including family businesses. The authors believe that a modern lawyer must have systemic knowledge for efficient application of civil law, inheritance law, family law, entrepreneurial law on the basis of the convergence principle in law. The use of a rather broad methodological base allows determining essential properties of legal regulation of the family members’ entrepreneurial activity and inheritance relations from the point of view of law enforcement problems resolution. As for particularities of inheritance regulations application, a joint-stock company is supposed to have certain mechanisms of the protection of its interests in terms of its shares inheritance. For example, it is possible to envisage the right of a private joint-stock company to discourage inclusion within its shareholders a new participant in line with a similar power of the limited liability companies.

Highlights

In connection with serious social and political changes that Russia undergo in the 1990s of the 21th century a command economy and strict public control are replaced by a market economy with its inherent system of economic incentives and certain constraints and prohibitions established by the federal law [1]
Inheritance relations are considered to be determined as a set of interdependent relations aimed at the transfer of property consisting of the mass of succession from the deceased person, i.e. the estate-leaver, to his/her inheritors [8]
It is required to be perfectly aware that in case of the descent of business assets and entrepreneurial obligations the succession in inheritance, entrepreneur and family law is conditioned by the change of the identity of a person possessing a hereditary asset and is accompanied by the transfer of subjective rights and obligations from the estate-leaver to his/her inheritor

Summary

Introduction

In connection with serious social and political changes that Russia undergo in the 1990s of the 21th century a command economy and strict public control are replaced by a market economy with its inherent system of economic incentives and certain constraints and prohibitions established by the federal law [1]. Family law regulations are aimed at protection of the family members’ rights and interests, firstly their property rights, in particular, when applying the inheritance laws. “Training of lawyers for business is currently performed on the basis of the complicatedly built system” [3]. World trends are such that for many countries’ economy family business is an important social and legal phenomenon. The national science is currently inactive search of optimal ways to tackle social and economic problems, ensure respect of the citizens’ rights guaranteed by the Constitution of the Russian Federation and federal law in an inheritance-law relationship [4]

Results

Discussion

Conclusion