Электронное приложение к Российскому юридическому журналу (Aug 2019)
CORPORATE DISPUTES IN MODERN RUSSIAN LEGISLATION
Abstract
The article is devoted to the concept of corporate disputes, which is enshrined in Art. 225.1 of the Arbitration Procedural Code of the Russian Federation (APC RF). The author states that an open list of corporate disputes is not the advantage of procedural law. The article considers from a critical point of view the grounds for attributing a number of disputes set out in Art. 225.1 of the APC RF to corporate disputes. The author suggests that it is necessary to establish and fix at the legislative level the rules for determining corporate disputes. He states that, in the current version of Art. 225.1 of the APC RF, there are a number of disputes, which, due to the reasons for their occurrence, composition of participants and other circumstances, cannot be attributed to corporate ones. The author defines the relations, from which a corporate dispute may arise, indicates a circle of persons, who can apply to court for the initiation of cases on corporate disputes, and a circle of persons, who will act as defendants in this cases. The author attempts to derive his own definition of corporate disputes.