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Fundamental scientific researches in the field of the right, including dissertational, as a rule, begin with research of a place of this or that problem in the world both domestic theory and practice.

It allows to understand an essence of a problem, its evolution and modern value most deeply, full and precisely. Told completely concerns the selected theme of the dissertation.

However, the carried out researches show, that it is necessary to us in some cases only kontsentrirovanno, is compressed to express istoriko-legal aspects aktsionirovanija and the corresponding legislation.

It is connected by that in conditions when present Russia has only 10-tiletny experience of formation of joint-stock companies and the joint-stock right, and experience of other countries and imperial Russia covers many decades and centuries its all-round illumination in the domestic legal literature still waits for the devotees and enthusiasts, development and enrichment of a scientific reserve [8 [8]. The reference to the given legal theme testifies, that it in many respects yet not mastered field for candidate and theses for a doctor's degree.

In our opinion, it is expedient to stop only on those istoriko-legal questions which direct consideration will allow to analyse and understand more thoroughly a legal regulation problematics aktsionirovanija in present Russia.

At the same time, there is one more circle of questions about which in essence it is necessary to tell in the research beginning. It concerns the basic set of initial concepts, a terminological number with which the competitor operates.

The matter is that we not necessarily should speak about key legal concepts after offered historical digression. Such concepts already more or have less appeared now, they are already used. Nevertheless, in various works there is their different interpretation, there are different interpretation at different stages, in the different countries, at different authors, even in spite of the fact that they, apparently, concern the most strict is standard-legal, instead of to historical, philosophical and even to economic lexicon. The set of examples of such different interpretation contains the modern domestic legislation where many Federal constitutional both other laws and normative acts are anticipated definition of a circle of concepts.

At all abundance of legal concepts of our dissertation, to number starting it is necessary to carry first of all the following: joint-stock company, the shareholder, the action, the joint-stock right, legal regulation, a corporate governance, the corporate right.

Joint-stock company definition gives Federal act item 2 "On joint-stock companies". Joint-stock company (further – a society) admits the commercial organisation, ustavnyj which capital is divided into certain number of the actions certificating laws of obligation of participants of a society (shareholders) in relation to a society. Shareholders do not answer for obligations a society and bear risk of the losses connected with its activity, within cost of actions belonging to them.

The shareholders who not completely have paid the actions, bear a joint liability under obligations of a society within an unpaid part of cost of actions belonging to them. This definition corresponds to article 95 of the Civil code of the Russian Federation (GK the Russian Federation).

Before introduction in action of a part 1 GK the Russian Federation, was used a little bit other formulation: the society having ustavnyj the capital, divided into certain number of actions of an equal face-value and bearing responsibility under obligations only the property admits Joint-stock.

Certainly, it is possible to meet and other definitions not coinciding literally.

So, the largest Russian jurist G.L.Shershenevich (1863-1912) in the known Textbook of a commercial law (1914) wrote: "the Joint-stock association represents contractual connection of persons for co-production of a trading craft, with the responsibility of each participant limited to the certain contribution" [113]. And further he underlined: "the Joint-stock association represents connection of persons. It can be persons both physical, and legal [9 [9]. As connection, joint-stock association cannot be less than from two persons and as its capital is divided into known number of certain shares the number of participants cannot be more number of actions and shares. The concentration of actions or shares in hands of one person would mean the association termination. In the connection participants form the legal body" [113, c. 139].

And. V.Busygin writes, that the joint-stock company – "Is the form of association of businessmen (or proprietors of the capital) for joint conducting economic activities by association of capitals for the purpose of profit reception" [48, c. 55].

The French scientists S.Zhamen and L.Lakur – authors of the manual "Commercial law" – underline: "the joint-stock company is the company which capital is broken into actions, and members (in number of not less than seven persons) bear a liability for damages depending on the sizes of the contributions (shareholders are not businessmen)... The company Capital consists not of shares, and from actions which can be sold" [64, c. 87-88].

English researcher A.Hosking especially allocates partner relations and marks; "the Partnership is an association of efforts and means of individual businessmen" [111, c. 32].

But we will return to our domestic law. The federal act notices, that the joint-stock company is the legal body and has in the property the separate property considered on its independent balance, can get and carry out on its own behalf the property and personal non-property rights, perform duties, to be the claimant and the respondent in court.

The joint-stock company has the civil rights and performs the duties necessary for realisation of any kinds of activity, not forbidden by federal acts. The society can be engaged in separate kinds of the activity which list is defined by federal acts, only on the basis of the special permission (licence). If conditions of granting of the licence for employment by a certain kind of activity provide the requirement about employment by such activity as exclusive the society during licence period of validity has not the right to carry out other kinds of activity, except for the kinds of activity provided by the licence and it accompanying.

The joint-stock company company name should contain its name and the instructions that the society is joint-stock. For citizens of Russia and many researchers-lawyers and other experts it is very different conditions of understanding of an essence aktsionirovanija, especially in conditions when Russians many decades were ottorgnuty from this legal theory and practice.

Joint-stock company legal status, and also the rights and duties of shareholders are defined according to GK the Russian Federation and the Federal act "On joint-stock companies".

Further, in our opinion, it is expedient to consider concept of the action.

The action is an issue valuable paper which confirms the right of its owner (shareholder) to participate in management of a society, in its profits and distribution of the rests of property at society liquidation.

In Russia actions are paid by shareholders in roubles, a foreign currency or by granting of other property in the property or in joint-stock company using. Action cost is expressed in roubles irrespective of the form of entering of the contribution. To shareholders the certificate on a total face-value of actions can stand out.

Each action is indivisible. In case the same action belongs to several persons, all of them in relation to joint-stock company admit one shareholder and can carry out the rights through one of them or through the general representative. The action should contain corresponding requisites.

In world practice, and now and in Russia, there is very big circle of the diversified actions that it is the extremely important to know, consider and use in legal regulation of activity of joint-stock company.

Now in Russia there are all bases to talk about occurrence and registration of the joint-stock right [71]. It can be considered as podotrasl civil law, to the maintenance complete system of the norms regulating activity of joint-stock companies.

[91] with reference to an investigated theme we understand receptions, ways as legal regulation, levers of the right to the public relations of citizens connected with activity of joint-stock companies. Thus it is important to consider following circumstances:

subjects of this regulation – joint-stock companies – are formed especially voluntary and on the basis of the financial participation expressed in number of actions, got by each concrete participant (shareholder);

joint-stock companies differ from other kinds of commercial corporations that they in essence are the largest societies, both on number of participants, and on those financial, material, human and to others resources which are at their disposal.

With it it is connected both special interest, and attention from the state to joint-stock company, to legislative regulation of their activity, to maintenance of corresponding guarantees with it, protection, safety.

At last, the corporate governance concerns a subject of our research [79, 106], the theory and which practice also is born by centuries-old human history and actually. And necessity of such management is caused by that extremely many-sided practice, it is impossible to provide and settle every possible situations norms is actually right.

There is a necessity of judgement and definition of the various norms established by joint-stock companies for and independently regulating their internal life, its features, a detail, a detail, etc. (joint-stock corporate norms).

As a whole it is possible to talk about the corporate right [70] with reference to business in general.

Thus, these comprehended and used by us in the dissertation developed by history, practice and jurisprudence approaches and concepts are the indispensable condition entering us in sphere of modern joint-stock activity.

And, certainly, it is the extremely important, that in our theme, we have possibility to outline defining stages of economic and legal formation and the evolution of joint-stock activity of the human community which already have again carried away modern Russia on a conventional civilised route of market economy and its legal regulation.

Here now on the basis of the initial legal phenomena and concepts we will outline the basic boundaries of the istoriko-legal statement of the legislation on joint-stock activity and we will especially reserve rather short history modern Russian aktsionirovanija and its legal regulation.

In our opinion, the beginning was necessary in the Ancient World and, first of all, in Roman empire, that is in the Roman Law.

Growth of territory of the Roman power, gain of the adjacent states (Greece, Corsica, Sardinia, a considerable part of Sicily etc.), development of trade with other people, (fleet building, military deliveries community works) led economic activities expansion to Roman Law development.

Requirements of an economy, in our opinion, caused by a life such reception of legal technics, as introduction in a trade turnover of the collation isolated from property of physical persons. As show researches, in the beginning it there were unions with the religious purposes (sodalitates, collegia appariorum) to which Laws ХII of tables have accorded a right to develop for itself charters provided that they do not contradict the law, trade unions of handicraftsmen (fabrorum, pistorum).

In days of republic corporations of attendants have joined them at city councils (collegia appariorum), mutual aid associations. According to many researchers, special interest is represented so-called "by associations otkupshchikov" – associations of the businessmen taking on a payoff public revenues, operating under contracts with the state the state manors making for the state large civil work etc. (collegia publicanorum) [10 [10]. Such type of an economy which had, as a rule, natural character, yet did not demand strong associations of businessmen with long term of existence, but already felt necessity for association of isolated means for achievement of larger economic purpose and for restriction of risk of separate owners.

That is why it is possible to consider, that the Roman private law has taken the first step – a step on a way of formation and development of joint-stock companies and the joint-stock right. Many researchers-lawyers already spoke about it and today it is necessary to pay on this special attention [41 [11] [11].

At the same time, it is necessary to notice, that studying of this problem should be continued. So, in 1914 G.F.Shershenevich was reserved, that some would wish to see roots of joint-stock association in the Roman life, but supposedly a question on an origin of joint-stock associations till now (we will remind, it is 1914) sporen.

Then the certain contribution to formation of joint-stock companies, according to a number still pre-revolutionary researchers [12 [12], the Middle Ages have brought. For scientific legal thought of that epoch creation of trading guilds in a subject of activity of merchants is characteristic.

As well as in Ancient Rome, they temporarily consolidated means for achievement of larger economic purpose and restriction of risk of separate merchants. The joint and several liability of participants based on general terms of joint cooperation was peculiar to guilds. In them certain rules of an internal life and customs of a business turn, relations were formed also.

Development of guilds went in three basic directions in which frameworks there were legal bases aktsionirovanija.

The first (least significant) are flour-grinding associations in the south of France in ХII century They were under construction on the share beginnings. Shares were freely alienated. Over activity the controls selected shareholders which formed the higher and control body-general meeting of shareholders supervised. Mountain associations of Germany ХII are close to them century the Right of participation in association was caused by acquisition kuksa (share) which came under to free alienation, but was considered as the real estate. The number of shares was big (more than hundred). Their owners formed general meetings which solved questions the majority vote [13 [13].

The second direction has developed in the Middle Ages when value of crusades and sea trade has raised. With a view of joint building, acquisition and ship operation sea associations were created. The person, decided to build the ship and becoming the organizer of association (anticipating modern founders), invited other persons to participation in association, declaring the sizes of the ship causing its cost, quantity and the sizes of shares (shares). Shares admitted equal among themselves. Obviously, that it is yet modern way of definition of the charter capital of joint-stock company, but the analogy here is visible.

At last the third direction which was coming even more nearer to joint-stock companies – the Italian associations of the state creditors – maony (maonae or montes from Arabian maounah – the joint help, the enterprise), reached the blossoming in Genue.

It is very essential to our research. The most important thing what exactly bases trading and sources of the joint-stock right during the given period are formed. Sea trade develops rules and customs which gain the increasing distribution with its development.

The period of direct occurrence of joint-stock companies on previous experience of corporate practice and on elements of registration of a category of the legal person passes under the aegis of England and Holland.

The conventional first predecessors and prototypes of modern joint-stock companies are the English East Indian company (1600) and the Dutch East Indian company (1602). It has allowed G.F.Shershenevichu to draw a conclusion that the history of joint-stock associations costs depending on development of the large commercial and industrial enterprises. For the first time the large size of the enterprises was found out in sea trade, and sea associations of the Middle Ages represent similarity joint-stock the organisations.

When in ХV-ХVI centuries opening of the new countries, otstojashchih is far from the European states, has caused requirement for the large enterprises, the joint-stock form has appeared the most suitable. The considerable capital claimed by overseas trade, was caused by several factors:

the jealous relation of the government of Spain to merchants of other states which forced merchants to incorporate for opposition to force;

animosities of natives which forced to provide trade in military force;

dearness of the Courts of Admiralty and their arms;

by riskiness of the trade which place of activity has been rather remote from owners and it is cut off from constant dialogue with them.

From beginning ХVII of a century in Holland and England, and then and in France a number of joint-stock companies, under names East Indian, Vest-Indsky, Surinam is formed, Canadian, etc. These companies arose not differently, as with the permission of the government in each separate case. Got by administrative supervision, pursuing political ends of expansion of the state territory, they had public character, were as though state farm branches.

Joint-stock companies suited public promises of a fast and huge profit. The initiated passions searched an outcome ude irrespective of the purpose of creation of the enterprise. The joint-stock fever has appeared the illness accompanying joint-stock business almost from the very beginning. Absolutely unrealizable enterprises, like search perpetuum mobile, found subscribers to actions [113, c. 141-142].

The Dutch East Indian company is considered the first joint-stock company which has paid dividends under actions (1604 or 1609) On the average the annual dividend at a rate of 18 % was paid to shareholders. The Great demand for company actions promoted development of the exchange trade which back was "tjulpanizm", gamble by actions.

With a view of prevention of abusings with the share capital in 1610, 1621, 1623 and 1624 the government of Holland it has been published a little ediktov, limiting transactions with actions. In our opinion, it is the first serious steps of state regulation of corporate relations.

It is pleasant, that experience of Holland has been borrowed by other countries which on separate questions, for example, legislative regulation, have gone further away.

Occurrence of joint-stock companies in England has been caused by the same economic preconditions, as in Holland. However, the initiative of creation of the English East Indian company proceeded not so much from the government, how many from private persons.

Already to ХVII to a century the joint-stock form has received a wide circulation. In 1843 in England 994 joint-stock companies were, with 1844 for their 1856 has been registered 4409. But within the limits of our research business not only and not is so much in number of the founded joint-stock companies, how many in development of the joint-stock right. First time the government gave to the companies wide independence. However serious financial infringements, an unfair competition, exchange gamble have caused the joint-stock legislation by a life.

In Germany joint-stock companies have appeared later, than in other countries. Their development was defined by the state gigantomania and simultaneously enormous decentralisation, separatism, internal political and economic civil strifes, ruinous wars. The system of the German right which was under strong influence representing support for the power of the Roman Law and codes of Napoleon, long time ignored requirements of a life and remained not developed. Only in ХVIII century appear the first attempts of codification of the legislation and use of the joint-stock form of business.

But German punctuality and methodicalness have played the positive role. Having studied experience of Holland ("tjulpanomanija", "tjulpanizm"), England ("soap bubbles") and France ("kommanditnaja a fever", "a joint-stock fever"), the government of Germany was engaged in working out of a legal status of joint-stock companies which has been urged to block ways for financing of frauds.

The law from July, 18th, 1884 has entered the requirement of full payment of the charter capital for joint-stock company registration, has raised the minimum cost of actions, has established responsibility of the shareholder for its full payment, has legalised concept of founders, has assigned to them a duty of granting of the full and exact information to shareholders, has entered the new monitoring system behind activity of founders [14 [14].

Let's notice also, that from end ХVIII of a century joint-stock companies began to get on the American continent.

To joint-stock companies in various states preferential modes were created. Large corporations which not only lifted manufacture on qualitatively new level began to arise, but also have led to monopolism and unfair competition development. The USA became trailblazers in the antimonopoly law. On July, 2nd, 1890 by the Congress of the USA has been accepted antitrestovsky Sherman's law. Along with it, the appreciable role in development of the joint-stock right was played by courts. Encouragements of the progressive form of the organisation of manufacture putting into practice a state policy.

In Europe ordering and legalisation of rules about joint-stock business has begun only with 1843 [15 [15].

In Russia sources of the joint-stock form carry to ХVII-ХVIII centuries However one of the first normative acts on joint-stock companies, trading societies, corporations has appeared in 1807 [16 [16]

Within the limits of research of historical aspect it is necessary to notice, that for the first time interest to joint-stock movement appeared in Russia at tsar Alexey Mihajloviche to whom the project of the organisation of the large company for manufacture kitolovnogo a craft and fat getting has been presented. This fact was noted by scientists-lawyers already more 100 years ago [17 [17]. Actually real steps to use of the joint-stock form of business have been made at Peter I.

In Decrees from October, 27th, 1699, on October, 27th, 1706, on March, 2nd, 1711, on November, 8th, 1723 to merchants (i.e. The certain estate) was recommended to trade in the companies (that is, it is available use of the joint-stock form while only in trade, but not in manufacture) by an example of a trading class of the foreign states (transferring of experience of foreign countries); to have about it from the general council (the simple form of the consent or a prototype of controls of joint-stock company) establishments (the norms regulating their organisation and activity) which would promote trade development and to bring in that through taxes additional incomes in the state treasury.

It is possible to consider as the first joint-stock company founded on February, 24th, 1757 "Russian in Constantinople the trading company". As initiators of its creation the Venetian merchants who in 1749 have addressed in the Senate through the Russian consul in Constantinople with the request have acted to resolve trade between Venice and Russia through Black sea and to create for this purpose on Don the trading house or office.

This company carried out active trading activity and A.I.Kaminka has existed till 1762 marked "great value of this company in business of planting of principles of joint-stock business" [18 [18].

The next years there was an establishment of some joint-stock companies (1758 – the Company of the Persian auction, 1762 – a joint-stock bank of issue, 1798 – the Russian-American company, etc.) which promoted gradual formation and distribution in the Russian society of representations about this organisation-legal form.

In 1864-1873 60 joint-stock banks have been founded, 46 from which were commercial, and 14 – land (the long-term credit or investment). In 1893-1901 of openly 219 joint-stock companies with the general charter capital of 328,8 million rbl. By the end of 1901 the number of joint-stock companies has reached 1506, and their cumulative ustavnyj the capital – 2 467 million rbl. the Income on the capital constituted 6 % and more.

The share of participation of foreign investors also increased in the capital of joint-stock companies operating in Russia enough high rates. In 1893 it constituted 23 %, in 1900 – 35 %, in 1908 – 40 %. Foreign businessmen invested the capital mainly (60 % from an investment total sum) in following three branches of the domestic industry: mountain, metallurgical and metalcutting, having taken here prevailing positions in comparison with the Russian capital [19 [19] (tab. 1).

As a whole, by November, 1917 in Russia actually operated (taking into account liquidation and reduction of capitals in days of the First World War) about 2 850 commercial and industrial joint-stock companies with the charter capital of 6 040 million rbl.

Table 1

Foreign capital investments in the joint-stock companies operating in Russian empire (in million rbl.) [20 [20]

The country 1890 1900
Belgium 24,6 296,5
France 66,6 226,1
Germany 79,0 219,3
England 35,3 136,8
THE USA 23 8.0

However, October revolution has interrupted this economically and legally useful evolutionary process. Decree VTSIK on December, 14th, 1917 the banking in Russia has been declared by the state monopoly, and all joint-stock both other commercial banks and credit institutions are nationalised and consolidated with the State bank.

In second half of December, 1917 the national economy High council had been prepared the new project of the Decree about the economic transformations which first section has been devoted nationalisation of joint-stock companies.

Changes in the social device and the legislation should affect dynamics of formation of joint-stock companies. By the end of May, 1918 in connection with transition of the Soviet power to wide nationalisation joint-stock uchreditelstvo it is essentially slowed down. In military communism for the joint-stock companies basing the activity on property and organizational independence, places any more were not.

The general situation has a little changed with development of commodity-money relations. In days of NEPa in January, 1922 the first joint-stock company of the Soviet period – joint-stock company of internal and import trade has been founded by tanning raw materials "Kozhsyre".

The Civil code of RSFSR contained the fifth subsection which was called "Joint-stock company (share association)" in section H "Association" 1922 and included 45 articles (with 322 on 366). The code considered joint-stock company as an association version, put an equal-sign between it and share association and made following legal definition: "(or share) the association (society) which is founded under the special name or formoju with a fixed capital divided into certain number of equal parts (actions) and under which obligations the society property" answers only admits Joint-stock.

Gradually the autonomy and property independence of legal bodies, including joint-stock companies, were superseded by planning and rigid regulation from the state. In the late twenties – the beginning of 30th joint-stock companies have been reorganised in the state associations. Then for long years this form has been denied and forgotten.

When during all XX-th century the joint-stock form continued to develop in the majority of the countries of the world, in the USSR and by its example in other countries of socialism it has been curtailed, actually brought to naught, that has caused serious backlog of our country from world legal practice. Only in the late eighties at first in publicism and the economic theory, and then and in practice interest to aktsionirovaniju began to revive, and then it has found reflexion in the Russian legislation and in practice.

Certainly, political reorientation, and then and sharp change of political, economic and legal orientation of development (evolution) of Russia have demanded corresponding legislative, standard, legal registration of a new (market) course of the country.

By this time, in our opinion, in full growth large legal problems were generated some:

1) leading of legislative, legal base under a new course;

2) the reference to the legal experience which has been turned out during the so-called pre-revolutionary period (till 1917), to experience of an economic life of last Russia, based on a private property recognition, and also on, possibilities of extraction of lessons from non-realised plans and practice NEPa (20th years of XX century);

3) loan of the centuries-old legal experience of the foreign states depicted by us in general with market economy – use of ideas and experience legislative, organizational-economic activities the states and businessmen, and also the reference to legal traditions, skills, customs of the population, citizens of the various states;

4) concentration of modern legal efforts in sphere of work with citizens of Russia, an explanation it on various channels, and, first of all, in the mass-media, new problems and problems, the organisation of preparation of corresponding shots (personnel), pereuchivanija students, maintenance of this process with the corresponding educational literature (domestic and translation), a computerisation of the legal information.

On scope, scales and grandness of change of all character and a way of life and life Russians similar in XX century actually had no anything and did not test. For this cannot to be comparable as a whole positive and constructive work with those in many respects the destructive shocks complicated by civil war through which there has passed Russia in 1917-1922, and also Second World War destructions, and also destructive social, economic and legal practice of mass reprisals and totalitarian board.

That is why the special place in our istoriko-legal analysis belongs to last twentieth anniversary XX century This period not only extremely intense, intensive legal activity, legal search and miscalculations, but also appreciable productive law-making. These years, in our opinion, yet time will serve as object of the steadfast analysis, a subject of historical comparisons and legal discussions as they conceal in themselves answers to a question on what way Russia as were reformed has gone and received more or less adequate legal ground and a legal substantiation all parties of her life.

In our opinion, at the heart of all there were problems of the property, businesses, smooth transition to the market here again among paramount there were some legal questions about:

property privatisation;

state ownership privatisations;

the organisations of new forms, kinds and mechanisms of human activity, mutual relations;

conditions of finding of material benefits, money, riches, credits on lawful, legal grounds, at the considered legal regulation.

Thereupon, our attention involves very attentive and detailed analysis of legal and economic transformations to Russia, the spent A.D.Radyginym in its book "property Reform in Russia" [97].

This monography represents one of the first systematised researches of a difficult way of reforming of relations of the property in Russia since 1965, the privatisation policy and practice of 90th years of XX century, results of realisation of the program of mass privatisation. The author analyzes developed structure of the property and possible ways of its further transformation, new poslechekovuju privatisation model, topical for postprivatization development of the Russian enterprises of a problem of a securities market, a corporate governance. In the book many the sharp debatable moments, therefore the reader has the right or to agree with those or other legal both economic estimations and conclusions, or to deny them, but the argument of the author, certainly, is worthy.

Among the largest legal problems concerning a theme investigated by us, it is necessary to designate and what are defined and considered by A.D.Radyginym:

the purposes, restrictions and features of reform of the property in transitive economy;

discussions about privatisation 1990-1991 (especially legal questions aktsionirovanija and sales by the state of the enterprises and free distribution of the property to all population);

spontaneous privatisation 1987-1992, its legal forms and stages;

program privatisation process;

the basic characteristics of development of privatisation process in 1992-1994;

the Russian model of mass privatisation (October, 1992 – June, 1994);

property reform during the postvoucher period.

For us it is important, that to contemporaries whom "has dropped out to live during an epoch of changes", many of the named phenomena and processes are known. Many people were their witnesses, is frequent participants though and not always up to the end, in full, perceived and understood legal sense and an economic essence of passing processes.

But, at the same time, another is essential also – all these processes were developed against dynamical legal changes, were supported and leant against extensive legislative activity demokraticheski the heads of the state selected for this purpose and members of parliament. That is why in our research the legal field created practically anew in modern conditions is especially important.

First of all it concerns the block of laws (together with other standard legal acts) about the property in territory of RSFSR, about legal maintenance of an economic basis of the sovereignty of RSFSR, about the enterprises and enterprise activity, about a competition and restriction of monopolistically activity in the commodity markets, about privatisation of the state and municipal enterprises of RSFSR and other laws, and also laws of RSFSR and the governmental orders stimulating enterprise activity, the organisation and functioning of joint-stock companies. All these legal (standard) certificates accepted in 1990-1991, have played solving, rotary role in destinies of Russia and Russians [see 18].

With what of the named concrete laws and their defining positions it is necessary for us to allocate first of all to show all social and economic and legal importance of those phenomena and processes, which they have put the beginning also which, in particular, favoured aktsionirovaniju?

The law of RSFSR from July, 14th, 1990 "About the property in territory of RSFSR" underlining, that:

"Being guided by decisions of the first Congress of People's Deputies of RSFSR on the state sovereignty of RSFSR and differentiation of functions of management by the organisations on territories of RSFSR, the Supreme body of RSFSR enacts:

1. In territory of the Russian Federation the property right to the earth, its bowels, waters, woods, other natural riches, the basic production assets, others the property and funds are regulated by laws of RSFSR and autonomous republics.

The specified objects of the property can be given to USSR for realisation of all-union problems on conditions and in an order, RSFSR established by laws and the Treaty of alliance.

RSFSR guarantees protection of property rights of union republics, the foreign states, their citizens and the organisations.

2. All actions of subjects of the economic relations, contradicting are forbidden and admit void to the state sovereignty and economic interests of RSFSR ".

The law of RSFSR from October, 31st, 1990 "About maintenance of an economic basis of the sovereignty of RSFSR" directly specifying, that:

"With a view of protection of an economic basis of the sovereignty of RSFSR, stabilisation and development of a national economy of RSFSR, being guided by the Declaration on the state sovereignty of RSFSR and recognising the right of the republics which are a part of USSR on exclusive protection, using and the order the national riches the Supreme body of RSFSR enacts:

Article 1. The Earth, its bowels (stocks of diamonds, gold, platinum, precious and semiprecious stones, silver, oil, coal, gas, uranium, rare-earth colour and ferrous metals and other minerals), air space, waters, woods, vegetative and fauna, others natural and the source of raw materials located in territory of RSFSR, resources of a continental shelf and the sea economic area RSFSR, and also stocks formed in the rivers RSFSR anadromnyh kinds of fishes outside of the sea economic area, art and cultural values are national riches of the people of RSFSR.

Order and conditions of possession, using and the order the specified objects are regulated by the legislation of RSFSR and the republics which are a part of RSFSR.

Located in territory of RSFSR objects of a state ownership, including property of the state enterprises, establishments, the organisations of allied submission, their basic industrial and non-productive funds or other all-union funds, the property which is in management of all-union bodies, are the property of RSFSR.

The state-owned property (parts 1 and 3 present articles) can be transferred in control of USSR for performance of functions voluntary delegated to it RSFSR ".

The law of RSFSR from December, 24th, 1990 "About the property in RSFSR", fixed in the item 1, that:

"1. On territories of RSFSR of the landed property relation, other natural resources, means of production, consumer goods and other property are regulated by laws of RSFSR and the republics entering into the Russian Federation, certificates of local Councils of the People's Deputies, published within their powers.

All actions of the state governing bodies, participants of economic relations and other persons, contradicting are forbidden and admit void to the state sovereignty and economic interests of the Russian Federation and republics entering into it.

2. The relations of the property which has been not provided by the present Law, are regulated by the Civil code of RSFSR and other acts of RSFSR, and also acts of the republics entering into RSFSR, and certificates of local Councils of the People's Deputies published within their powers.

3. The all-union legislation on the property is applied in territory of RSFSR in an order, statutory RSFSR "About action of certificates of bodies of USSR in territory of RSFSR".

4. The property and personal non-property rights of authors of opening, inventions, efficiency proposals are guaranteed and protected by the law. Relations on creation and use of products of a science, the literature and art, opening, inventions, efficiency proposals, industrial samples, software for elektronno-computer facilities and other objects of intellectual property are regulated by the copyright and other certificates of the civil legislation, and also intergovernmental agreements ".

Item 2 has established the bases of occurrence of the property right in this Law:

"1. The Property right in RSFSR arises as it should be and on the conditions provided by acts of RSFSR. The property right in RSFSR admits and protected by the law.

In RSFSR stability of relations of the property is guaranteed and conditions of their development and protection are provided.

2. The proprietor at own discretion owns, uses and disposes of property belonging to it.

The proprietor can transfer the competences on possession, using and the order property to other person, to use property as a subject of pledge or to charge with its different way, to transfer to the possession the property or management of other person, and also has the right to make concerning the property any actions which are not contradicting the law. It can use property for realisation of any enterprise or other activity which has been not forbidden by the law.

3. The property can be in the private, state, municipal property, and also in the property of public associations (organisation) ".

The law of RSFSR from December, 25th, 1990 "About the enterprises and enterprise activity" has defined the general legal, economic and social bases of creation of the enterprises in the conditions of variety of patterns of ownership, has established organisation-legal forms of the enterprises operating in territory of RSFSR, and feature of their activity, regulated the rights and responsibility of subjects of business, has defined measures of the state protection, support and business regulation in RSFSR [18, c. 28-43].

At last, the Decision of Ministerial council of RSFSR from December, 25th, 1990 №601 had been approved "Position on joint-stock companies" which for the first time for decades in detail opened a joint-stock company essence, an order of their creation and activity [18, c. 221-232].

The named five documents having, in our opinion, historical value, open the extensive list of legal acts of 90th years [21 [21] which have defined prospects of existence and reforming of considerably updated Russia. At the heart of this process new sights at the property [32 [22] [22] laid.

In our opinion, it is necessary to notice, that, opening the purposes, restrictions and features of reform of the property in transitive economy, A.D.Radygin rightfully writes: "the Purpose of reform of the property (it is narrower – privatisations) as fundamental element of system reforms in transitive economy consists in maintenance of base conditions for normal functioning of the future market system.

During processes of transformation of relations of the property in country scales probably formation of new motivations of managing subjects and preconditions for rational change of structure of manufacture as key conditions of increase of a production efficiency and growth of the national income. Does not cause doubts necessity of privatisation and for formation of new social strata which are not interested in a communistic revenge. Very good and laconic formulation of a key problem of privatisation in transitive economy is given A.Shlejferom. He approves, that privatisation "leads to constant redistribution of the control from bureaucrats to insajderam firms and to outside shareholders. Privatisation gives clear advantages for economic efficiency because she establishes the initial rights of a private property" [97, c. 16]. It is characteristic, that in a course ranneperestroechnyh and the subsequent transformations already statement of a question on an admissibility of others, except "public", patterns of ownership was one of the most important indicators of real advancement and depth of reforms.

It is natural, that to occurrence of those go other acts and the more so concrete new patterns of ownership rather long process of gradual removal of a taboo and restrictions of communistic ideology preceded. Thus use as reformatory recommendations of such concepts as "the private property right" and "privatisation" remains for the period 1985-1989 not only unpopular, but also business potentially dangerous to its authors.

In a life even in the late eighties – the beginning of 90th years the normative acts accepted in 20th years still continued to operate. After liquidation in the early sixties producers' cooperation anyhow functioning only consumer co-operative societies which do not need to be considered as any form alternative to a state sector.

And though in 1987 it has been formed about 14 thousand "new" industrial, trading and service co-operative societies with number of the 200 thousand people occupied more, only with acceptance on May, 26th, 1988 the Law of the USSR "About cooperation in the USSR" rather short-term boom of co-operative sector has begun. In 1990 in the USSR operated already 245 thousand such co-operative societies which cumulative share in GNP constituted 6,1 %. At the same time, this figure – 245 thousand – constituted only 59 % from the general number of the registered co-operative societies [97, c. 25].

This law was a legal innovation which has given an appreciable push to development negosudarstvennogo economy, and in the legal plan, at least it is formal, has put co-operative societies (differently, the group property) in one number with the state enterprises and has entered a registration principle of their creation.

However social and economic effect expected at that time – saturation of the market by the goods and services, economy of material resources, involving in manufacture of personal means of the population, development of the secondary employment, stimulating competition to a state sector – this form, as well as legalisation of individual labour activity, has not brought.

Also, in our opinion, it is necessary to notice, that the Law of the USSR "About the property in the USSR" from March, 6th, 1990 and the amendment to the Constitution of the USSR from March, 14th, 1990 (item 10-13 item) actually recognised the private property right, supposing presence in the property of citizens and not state legal bodies of means of production, securities and other material and non-material objects and the rights which are bringing in the income. At least it is declarative all three legal patterns of ownership – the property of citizens, collective (including joint-stock) and state – have been declared by equal from the point of view of civil law and possibilities of legal protection.

The allied law on the property became actually the first certificate supposing possibility inkorporirovanija and privatisation – in article 10 such methods "formation and augmentation of the collective property", as rent of state enterprises by workers with the right of the subsequent repayment and transformation of state enterprises to joint-stock companies were provided.

Nevertheless, owing to absence of concrete legal technical procedures such methods had experimental and individual character. Then two documents: the decision of Ministerial council of the USSR №590 from June, 19th, 1990 and the decision of Ministerial council of RSFSR №601 from December, 25th, 1990 "On joint-stock companies" – was detailed by norms of functioning of joint-stock company and the limited liability companies.

Their occurrence has begun intensive formation of new organisation-legal forms: by the end of 1991 of the newly founded joint-stock companies and other economic associations in territory of Russia was already over 150 thousand. Along with it, it is necessary to notice, that only with spring of 1991 comes to the end ideological and legal (but still not real) private property institution registration in the USSR in the most general and declarative kind.

The carried out analysis has shown, that during that time there were essential disagreements in approaches to aktsionirovaniju the state enterprises. So, V.Seljunin, B.Alekhin, S.Glazyev supported obligatory sale of all or a considerable share of actions to private persons and independent of the state institutsionalnym to investors.

For high-grade though also gradual, based on individual projects aktsionirovanie acted G.Javlinsky and L.Grigoriev, brought these offers in the program of "500 days".

In recommendations of the governmental experts (T.Popova, G.Melikjan, S.Assekritov) aktsionirovanie had in many respects formal character as assumed mass creation of the closed joint-stock companies with sale of an insignificant share of actions (an order of 10 %) to labour collectives of the corresponding enterprises. Last way with all evidence meant not that other, as a mimicry of dominating bureaucratic structures [97, c. 42].

Supporters of free distribution of a state ownership to all population (L.Pijasheva, P.Bunich, G.Popov, O.Bogomolov, V.Rutgajzer, P.Filippov, M.Malej) considered, that both privatisations considered above a method are unsuitable first of all do not answer criteria of social justice.

In this situation on December, 29th, 1991 the President of the Russian Federation has signed the decree "About acceleration of privatisation of the state and municipal enterprises" according to which have been approved developed on the basis of the project of the Government program of privatisation for 1992 " Substantive provisions of the program of privatisation of the state and municipal enterprises in the Russian Federation for 1992 ". Their realisation has begun since January, 1st, 1992 Substantive provisions became actually the first document, in practice regulating privatisation process and given signal to start program (that is not spontaneous) to privatisation in Russia. It is known, that if 1990-1991 can be characterised first of all as years of" spontaneous privatisation ", will become history of Russia as year of start of large-scale reform in sphere of relations of the property on the basis of the developed privatisation legislation 1993-1994 are first of all years of intensive escalating of" critical weight "corresponding transformations 1992. In our opinion, it is necessary to allocate and a number of the factors, which influence on privatisation process had negative character and, first of all, degree of political instability in a society was too high.

In these processes by the essential factor the legal environment was. As a whole quite objective paradox consists that by the moment, when practically full standard base in sphere actually privatisations has been developed and accepted (over 200 key documents in 1992-1994), some documents have already become outdated, and on the agenda left absolutely other questions connected with postprivatization existence of set of the enterprises which demanded legal regulation.

Within the limits of the program of small privatisation by July, 1st, 1994 in Russia it has been privatised over 50 % of all small enterprises. During the big privatisation by July, 1st, 1994 on the basis of average and large state enterprises it has been created over 20 thousand joint-stock companies. In the middle of 1994 in Russia was about 50 million shareholders of the newly founded industrial joint-stock companies or check investment funds.

By July, 1st, 1994 were it is privatised over 100 thousand enterprises, or 74 % from all state enterprises on independent balance for the same period whereas for January, 1st, 1993 this indicator constituted 18 %.

The concept of actually voucher variant of privatisation in Russia has been accepted at session of the Government of the Russian Federation on June, 11th, 1992 Privatization checks (vouchers) represented state federal (and only federal) securities with the limited period of validity, equal advantage (10 thousand rbl.), to bearer, with the right of free sale.

The accepted subsequent documents concretised the government concept: the rigid schedule of actions has been developed, the special Coordination council is generated, in all regions the territorial commissions are created. The overwhelming part of checks (148 million pieces) from October, 1st till January, 31st, 1993 has been given out. Vital issues during delivery of privatisation checks did not arise. Nevertheless there were many other problems and questions. The question on real purchasing capacity and a voucher market rate became one of key at realisation of the voucher program.

The termination of the first stage of the Russian privatisation is connected with end of action of the check (voucher). This stage – quantitative – has begun in 1992 and has been finished on June, 30th, 1994

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A source: Dolinsky Vladimir Vladimirovna. LEGAL REGULATION of the ORGANIZATION And ACTIVITY of JOINT-STOCK COMPANIES In the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the master of laws. 0000

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