Corporate law. The concept of corporate standards and their types (the most important)

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Corporate law. The concept of corporate standards and their types (the most important)

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9. The concept of corporate norms and their types

The rule of corporate law of the Russian Federation is recognized as a rule of conduct established (by, for example, by issuing a law) or sanctioned (by granting the right to conclude a regulatory agreement) by the state, which is generally binding and formally defined, which establishes obligations and defines the rights of participants in corporate legal relations.

The norms of corporate law are contained in the sources of corporate law of the Russian Federation: laws, by-laws, regulatory legal acts, regulatory agreements of subjects of corporate law of the Russian Federation.

The structure of the rule of law is the internal structure of the rule of law. The structure of the rule of law includes elements of the rule of law. The number and characteristics of such elements in the structure of the rule of law depend on the characteristics of regulated legal relations. Traditionally, there are three components in the structure of the rule of law: hypothesis, disposition and sanction.

A hypothesis is a part of a rule of law that determines the conditions for the operation of the rule. A disposition, by definition, is a rule of conduct. The sanction is an indication of the type and measure of responsibility for violating the rules provided for by the disposition, under the conditions specified in the hypothesis.

As for the classification of corporate norms, by their nature they refer to civil law norms. The corporate law of the Russian Federation is characterized by norms-principles, norms-definitions and norms-rules of conduct.

Depending on the method of legal regulation, imperative and dispositive norms are distinguished. Imperative norms require unconditional obedience, dispositive ones provide for the possibility of choosing options for behavior by subjects of corporate legal relations.

The norms of corporate law of the Russian Federation refer to those established at the federal level, since the regulation of civil legal relations is within the competence of the Russian Federation.

According to the level of legal regulation, the norms of corporate law of the Russian Federation can be related to the norms of laws and by-laws.

There are authorizing, binding and prohibiting norms of corporate law of the Russian Federation.

As for the ways of presenting the rules of law, there are direct, blanket and reference ways of presenting the rules of law.

An example of a direct statement of a rule of law, when all three elements of a rule of law (hypothesis, sanction, disposition) are given in one article of a normative act.

In the referential way of presentation, the legislator refers to another article of the same normative act or another specific normative act, the norms of which also regulate the same legal relations. The reference method of presentation is typical for corporate norms in particular and civil law in general.

With the blanket method of presenting a rule of law, an article of a normative act contains a reference not to a specific article or normative act, but to legislation.

Author: Sazykin A.V.

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