Participation as a form of execution by individuals of economic activities in the practice of the Constitutional Court of the Russian Federation: review of legal positions

Abstract

With the transition from a planned to a market economy, the theory of corporate law developed. Within the framework of this theory, questions about the legal nature of the rights of participation of individuals as fundamental, obligatory, rights of a special kind were raised very sharply. At the same time, other issues are raised in constitutional law. In the context of the freedom to carry out economic activities, enshrined in Art. 34 of the Constitution of the Russian Federation in conjunction with the provisions of Art. 8, 35 (and in the future with the new Article 75.1), the question of classifying participation as a type of economic activity of citizens repeatedly arose, that is, the right to participate is studied at a more abstract concerning applied industries (civil, entrepreneurial, corporate, criminal) level. The article aims to identify the approaches of the law enforcement practice of the Constitutional Court of the Russian Federation to the understanding of the rights of participation of individuals in a legal entity. The designated goal was achieved by analyzing and generalizing the Constitutional Court’s legal positions, highlighting the most significant of them, which form the main trends in legal thinking in the field under study. The author concludes that participation is interpreted by the Constitutional Court of the Russian Federation as a special type of economic activity that is not entrepreneurial.