Корпоративное право. Функции и цели корпоративного права (самое важное)

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Корпоративное право. Функции и цели корпоративного права (самое важное)

Lecture notes, cheat sheets

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4. Functions and purposes of corporate law

Each branch of law performs certain functions in society and the state. The functions of the branch of law are very important, since they allow to identify and study the directions of legal regulation of a particular branch. The functions of the branch are closely related to such concepts as the goals of legal regulation of a certain type of social relations, the tasks of the branch of law.

Among the functions of corporate law of the Russian Federation are:

1) prognostic;

2) epistemological;

3) ideological;

4) other functions.

The epistemological function for corporate law of the Russian Federation, as well as for any other science, is the main one. The epistemological function of science follows from the possibility for a person to cognize the world around him, including its social phenomena. At the same time, the features and distinctive features of these phenomena, the patterns of their development are revealed. The corporate law of the Russian Federation as a science creates its own theoretical base, forms a conceptual apparatus, develops legal categories.

The prognostic function is closely connected with the epistemological function of corporate law of the Russian Federation and is based on the ability of science to highlight the patterns of development of certain legal phenomena. As a result of the generalization of the stages of development of this phenomenon, it is possible to predict the subsequent stages of its development.

The ideological function of the corporate law of the Russian Federation is that when studying the corporate law of the Russian Federation, the student develops legal views and legal ideology.

The most general concept is the concept of the goals of the branch of law.

Corporate law should regulate legal relations in the creation and activities of economic organizations, as well as determine their legal status, in other words, corporate law regulates status relations relating to this type of subjects of civil law of the Russian Federation.

The objectives of corporate law are as follows:

1) establishment of the legal status of economic organizations;

2) determination of the procedure for the formation of economic organizations;

3) determination of the procedure for the activities of economic organizations.

The tasks of the branch of law are the issues that are determined by the goals of the branch of law and require a decision by the legislator. If one of the goals of corporate law of the Russian Federation is, for example, to determine the legal status of economic organizations, then this goal corresponds to a number of tasks to achieve this goal.

For example, the tasks through which this goal is achieved are: determining the legal status of joint-stock companies, production cooperatives, limited liability companies, partnerships and other economic organizations.

Completion of the task is the key to achieving the goals of corporate law.

Author: Sazykin A.V.

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