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the CONCLUSION

On the basis of the carried out research by the author are made defined VYJODY. 1. The legal essence of associations of the commercial organisations consists that they represent unity on the basis of achievement of economic targets or most efficient control the organisations which are engaged in similar kinds of commercial activity.
Possibility of formation of the given unity is to some extent given by norms of the operating civil legislation. Into structure of associations of the commercial organisations, as a rule, enter independent legal lntsa, keeping partially or poliostju enterprise and legal independence. In connection with variety of kinds of associations of the commercial organisations the Russian legislation settles far not all communities. Therefore arises and the set of problems of legal regulation of the status of associations of the organisations - of businessmen demands the permission. Basic of them — the legal personality of the specified formations. It is caused by non-recognition in norms of the domestic civil legislation behind the majority of enterprise associations of the status of the legal person. At the same time pravoprimenitelnaja practice allocates commercial alliances with such status. Consequences of blanks in the objective right it is necessary to name uncertainty of management questions the affiliated organisations, establishments of essential and individualising signs of associations of the commercial organisations, responsibility distributions before creditors, and also an order of their reorganisation and liquidation. 2. Associations of the commercial organisations which function now in the Russian market of works, the goods and services (the unions, associations, holdings, and also financial and industrial groups in their various displays — concerns, consortia), are not juridicheskn - mi persons as ps possess a number of essential signs, first of all, separate property presence. Nevertheless the specified associations, except for the unions and associations, can carry out enterprise activity as are the complex formations created for the purpose of integration of industrial, investment, trading-marketing, transport, labour and other resources for which the law does not provide the status of the legal person. In scientifically - methodical purposes the given subjects it is possible to call «economic system» and to apply to them positions of the concept offered by academician V.V. Laptev. 3. Associations of the commercial organisations which can participate in enterprise activity, require individualization means. The Russian legislation regulating an order of creation and functioning of associations of the commercial organisations, does not contain accurate norms about the company name of the specified corporations. At the same time positions GK the Russian Federation and other civil-law normative acts cannot be applied without a special legal status of enterprise associations. Hence, updating of laws in force or acceptance new is required. For example, we prove the offer on entering into the text of item 4 of the Law «About banks and bank activity» following addition: « The notice on creation of bank holding should contain data on participants of the organisation, the holding company name. The holding name can coincide with the parent organisation name ». Before acceptance of corresponding legislative measures to procedure imenovanija the enterprise associations participating in commercial activity, it is necessary to apply norms GK the Russian Federation by analogy to officially recognised commercial organisations.
4. In a similar way, in our opinion, the relations connected with definition of the location of associations of the commercial organisations should be regulated. As the legislation resolves creation transna - tsionalnyh associations of the commercial organisations, for definition of their location it is necessary to consider a finding of the parent organisation exercising administration by affiliated corporations. 5. At application of the legislation on the location of enterprise association by analogy, for lack of special it is necessary to consider the form of association of the commercial organisations which defines degree of integration head and affiliated companies. Degree of penetration of parent organisation in structure of dependent corporations determines possibility of independent participation of the dependent organisations in business as independent subjects with inherent essential and individualising signs (and individualization means). Stated, in our opinion, it is possible to extend and to a right protection of business reputation of associations of the commercial organisations participating in quality of subjects in enterprise legal relations. 6. Responsibility of enterprise associations has a number of features. First, owing to special structure of enterprise associations application not only a joint liability, characteristic for enterprise relations, but also subsidiary, more often applied in the founded organisations is supposed. Secondly, in connection with features of organizational structure of associations of the commercial organisations, in particular, presence in it of operating and dependent subjects responsibility can come as for enterprise activity of each participant of association, that is, conditionally called, external responsibility. Also sanctions, but already intracorporate, can be applied and for incompetent administrative decisions or in tselojat the incompetent supervising activity admitted by head corporation. 7. At the analysis of the proceedings containing conceptual bases of a science of the enterprise right, first of all us subjects of enterprise relations, namely enterprise alliances interested. As a result of the analysis we have come to conclusion, that terminology, is - polzuemaja to researchers and legal nature of the commercial organisations and their associations requires the extremely correct application. Before to call the separate processes occurring within the limits of existence of specified subjects of legal relations, it is necessary to correlate given definitions to essence of the phenomena which they urged to designate. 8. Process of formation of legal bodies cannot be shown exclusively to their state registration. The given thesis finds acknowledgement during research of features of formation of enterprise associations. Occurrence of these subjects is characterised by that it passes some stages. The first stage is formation of corporations which will be consolidated subsequently in this or that form of the enterprise unions. Process of creation of a commercial alliance — the second, most important stage of existence of enterprise associations. Feature of the second stage of existence of associations of the commercial organisations consists that for creation of separate forms of enterprise alliances coincidence of wills uchreditelen is not required to corporation. In some cases, namely at holding creation, process of establishment of association has character not the voluntary transaction, and aggressive submission. We believe, that the Russian legislation should regulate in more details questions of protection of the organisations from similar influence. It, our way to opinion, will meet the requirements of the developed civil legislation. In summary it is necessary to notice, that during preparation of dissertational research the circle of problems of legal regulation of an order of creation, functioning and the termination of activity of associations of the commercial organisations participating in enterprise activity has been revealed. In the dissertation predprinja t attempt to prove the sights and to formulate the decision of the specified problems. At the same time the competitor believes, that its research is not absolutely full and covering all features of institute of enterprise associations in civil law of the Russian Federation. The author of dissertation considers, that the further perfection of the legislation on the basis of advanced achievements tsividieticheskoj is necessary for the theory of associations of the commercial organisations participating in business.
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A source: Vijakova Nadezhda Alekseevna. of ASSOCIATION of the COMMERCIAL ORGANIZATIONS PARTICIPATING In ENTERPRISE ACTIVITY / the Dissertation. 2007

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