Instead of Introduction …

Unfortunately, at the given stage of the research activity, the author is not ready to offer the dear and exacting reader high-grade introduction and the conclusion answering to all requisitions and canons.

At the same time, understanding, that the positions, concerning urgencies, scientific novelty, the positions which are taken out on protection, the description of structure of work and other obligatory elements of introduction have the important propaedeutic value for the reader, helping from the very beginning to understand logic of the further statement, to see not absolutely correct to suggest you to get acquainted directly with the text of below-mentioned heads.

In this connection, in this part of work I will stop at least on those problems which the author has tried to develop in the given work, and also on positions which we try to prove and protect in it. It is thought, that it will help to throw light on the general plan of work of the author.

So, theoretical problems of the corporate right became a direct subject of scientific search. In our opinion, in investigated sphere it is possible to allocate four cores, so to say main, problems which are leaders in a question definition of a subject of the corporate right and a formulation of its concept. Problems this following:

- Place of the corporate right in relation to the legal system (an element of the legal system or the phenomenon vnepravovoj systems of social rationing).

- The legal and economic nature of corporate relations. Polyregularity of corporate relations and a problem allocation of the relations which are actually a subject of regulation of the corporate right.

- Definition concept of corporation as kernels of the corporate right

- The private-law and public beginnings in the corporate right, defining value of balance of the last for an establishment of a configuration of the corporate right and its place in the legal system.

Following the results of consideration of the above-named group of problems, the author tries to prove following sights:

1. In development of the corporate right of the Russian Federation for today it is possible to note a number of following tendencies:

First, becomes an independent branch element of system of the Russian right;

Secondly, the corporate right of the Russian Federation, cannot be considered as "intrafirm", "local", "intraorganizational".

Thirdly, in the maintenance of the corporate right of the Russian Federation the interaction mechanism between actually corporate right and corporate "right" (as vnepravovym the phenomenon) is defining.

2. The corporation is the complex sotsio-cultural phenomenon, which represents taken in dialectic unity association of people (and also them institutsionalnyh formations) and the property isolated by them, expressed in the legal form (the form of the legal person). The corporation cannot be considered as a concrete version of organisation-legal forms of the legal person. The corporation also can be considered as the concept of the optimum form of the human organisation in private sphere.

3. Not all communications of legal character in corporation can be considered as the corporate relations entering into a subject of the corporate right. Corporate property and corporate administrative relations concern relations which are settled by norms of the corporate right.

4. Development of legal regulation of corporate relations should be carried out on a way of inclusion of public tools for the purpose of appropriate protection both state (public), and public (private) interests at regulation of corporate relations.

<< | >>
A source: Volnjansky Denis Anatolevich. THEORETICAL PROBLEMS of the CORPORATE RIGHT of the Russian Federation. The dissertation on competition of a scientific degree of the master of laws. Omsk. -200

More on topic Instead of Introduction …:

  1. the practical importance …
  2. the most significant scientific results …
  3. a research plant are the motor industry enterprises …
  4. the Thesis 1. Rudovmeshchajushchie depositions Kirovsko-Kvarkenskogo of a graben …
  6. in introduction
  7. Introduction
  9. Introduction