Baibekova E.F. The Role of Corporate Agreement as a Legal Mechanism for Regulating Corporate Relations Under the Civil Legislation of the Russian Federation

DOI: https://doi.org/10.15688/lc.jvolsu.2019.4.13

Elmira F. Baibekova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Corporate Law, Astrakhan State University, Tatishcheva St., 20A, 414056 Astrakhan, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-4955-4293

Introduction: the paper is devoted to the study of the institution of corporate agreement incorporated into the Russian legislation in the course of the civil law reform. The purpose is to determine the essence, meaning and basic characteristics of the corporate agreement in civil law of Russia, by virtue whereof, the author analyzes the concept of subject of the corporate agreement, the main aspects of its legal nature, and also produces a comparative legal analysis of the correlation of the company’s charter and the corporate agreement. Using the methods of scientific knowledge, especially the method of system analysis, in order to identify the areas of improvement of the corporate agreement in the field of regulating corporate rights and obligations, the author analyzes the corporate agreement’s role in the implementation and protection of the company’s corporate rights, as well as in the development of corporate relations. The necessity of further detailed legislative regulation of corporate agreements is argued. Results: the legal confirmation of the institution of corporate agreement in the civil legislation of the Russian Federation allowed the participants of business companies to implement and control their corporate rights and obligations, as well as liability for their non-performance, in accordance with this agreement. Conclusions: corporate agreement is a relatively new institution for the Russian reality, so it requires special attention. It is of great interest to business, which can be seen in practical examples, even the largest corporations with the state participation become parties to such agreements. The need for a detailed study of the corporate agreement is due to the ambiguous position of the legislator regarding the essence, meaning and content of this agreement. The absence of a solid theoretical basis on these issues can have a very negative impact on the law enforcement practice.

Key words: legal entity, corporation, charter, corporate agreement, corporate legal relations, company member, corporate rights and obligations.

Citation. Baibekova E.F. The Role of Corporate Agreement as a Legal Mechanism for Regulating Corporate Relations under the Civil Legislation of the Russian Federation. Legal Concept, 2019, vol. 18, no. 4, pp. 99-104. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.4.13

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