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Корпоративное право. Корпоративное право и гражданское общество (самое важное)

Lecture notes, cheat sheets

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7. Corporate law and civil society

The presence of developed corporate legal relations based on the norms of corporate law is one of the signs of civil society.

Civil society is a system of social relations and institutions, the essential characteristic of which is to ensure the life of citizens. A feature of social relations that are of interest from the point of view of studying civil society is the fact that they can be carried out without state intervention. Civil society as a whole needs a certain level of social development, and this level is quite high.

In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way.

The right of private property is protected by law. The economic basis of corporations is private property in its various manifestations. Protecting corporate property is a prerequisite for the effectiveness of its activities.

Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons. No one may be deprived of his property except by a court decision. The expropriation of property for state needs may be carried out only on the condition of prior and equivalent compensation. This provision is very important, since it is directly related to the protection of the owner of property, and it protects not only the individual owner, but also the collective one, encourages the free disposal of property. This creates conditions for the implementation of entrepreneurial activity, which is the activity of corporate entities.

The relationship of civil society with the problems of corporate law of the Russian Federation is obvious, since, as you know, civil society and its existence primarily relate to the sphere of interests of private entities of this society, acting in the face of various organizations. These organizations have different statuses, but they are all ultimately interested in the existence of civil society. Civil society is called upon to reflect the interests of the subject that implements private legal personality in society. For corporate organizations-subjects of corporate law of the Russian Federation, the presence of civil society is necessary, because outside of civil society it will be difficult for them to realize their legal personality due to the lack of both proper protection of their interests and the economic basis for such protection. However, just as corporations need civil society, civil society needs them, since civil society cannot be "installed from above", for a normally developing civil society, private initiative is necessary.

Private initiative should be implemented by private entities - individuals, corporations.

Author: Sazykin A.V.

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