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Empirical base of research is...

Empirical base of research is generalisation of practical activities of some the organisations, both local, and inter-regional scale in which basis studying and the detailed analysis of corporate certificates of the specified structures was necessary

At a dissertation writing personal professional experience of working out by the author of charters of public organisations of a sports orientation was made use also

Scientific novelty of research consists that the author at level of the dissertational composition in a complex and in aggregate investigated for the first time scientific-theoretical approaches to understanding of corporate norms in domestic jurisprudence, has studied questions of their parity with similar legal institutions by means of the analysis irx unities, distinction and interaction with rules of law It has demanded consideration of institute of corporate norms not only from a position of a science of theory of state and law, but also through a prism of such branches of jurisprudence, as the law of master and servant, civil law and such enough young jurisprudence, as the corporate right that had no place in the previous researches devoted to cases in point

On protection following basic conclusions and the positions reflecting novelty of carried out research are taken out:

The term "corporation" should be interpreted from a position of two approaches philosophical and legal According to the philosophical approach the corporation is understood as any association of the people pursuing the joint aims irrespective of presence of this or that organisation-legal form or the state registration From a position of the legal approach corporation it is necessary to understand as the legal body existing in the organisation-legal form of the commercial organisation (economic societies, in particular their such version, as joint-stock companies, and also commercial forms of integration of these organisations (holding, financial and industrial groups))

The starting moment in understanding korporalpzngh norms is their division into actually corporate norms and corporate rules of law Thus actually corporate norms act as an independent element of system of social regulation, and corporate rules of law are a version of the local rules of law created in the organisation, corporation answering to signs In a basis of reference of this or that norm to actually corporate or corporate rule of law, besides organisation-legal forms of the organisations which have accepted them, character of relations on which regulation they are directed should be put

Actually corporate norms is a version of social norms of not legal character directed on maintenance of functioning and an establishment of a certain order in the organisation, textually fixed in its documents supplied with specific concrete measures of influence and provided with compulsion from the given organisation

The norms created in the commercial organisations, answering to signs of corporation and regulating relations on distribution of profit and management of the organisation at local level, are corporate rules of law

There are following basic forms of interaction of the right and actually corporate norms influence of the right on formation of actually corporate norms, influence of actually corporate norms on the right, transformation of actually corporate norms in rules of law, protection by the right of actually corporate norms, direct interaction of the right and actually corporate norms in the course of regulation of public relations

6 Corporate right, it is necessary to treat from a position of narrow and wide approaches In narrow sense the corporate right there is a set of the local rules of law regulating activity of the concrete organisation, corporation answering to signs In structure of the corporate right (in narrow sense) the local rules of law regulating the most various circle of public relations (labour, financial, tax, administrative) can enter, though the basic place belongs to corporate rules of law Thus the corporate right (in narrow sense) hardly probable it is possible to carry to any concrete branch of law

In a broad sense the corporate right is the certain legal education representing set of the general and special civil-law norms, regulating the relations arising within the limits of corporation the Corporate right (in a broad sense) is the difficult institute of civil law accumulating in separate subinstitutes (for example źthe joint-stock right╗)

7 Within the limits of concept źcorporate relations╗ it is necessary to allocate two different institutes actually corporate relations and corporate legal relations

Actually corporate relations is a complex of communications between members of the organisation which owing to the insignificance or inexpediency does not enter into a legal regulation subject

Corporate legal relations (corporate legal relations) should be subdivided into two independent kinds

The corporate legal relations entering into sphere of legal regulation of the corporate right in narrow sense Specified legal relations result from authorisation by the state of actually corporate relations, to be exact norms, their regulating

The corporate legal relations entering into a subject of legal regulation of the corporate right (in a broad sense) About them it is a question in the majority of definitions offered in the scientific literature the Specified kind of corporate legal relations distinguishes the following feature set

They are by the nature property relations and, soot - vetstvenno, enter into a subject of regulation of civil law,

The specified legal relations are included into a civil law subject in kache - stve its independent component (along with real, objazatelstven - nymi and exclusive rights),

As subjects of corporate legal relations participants of barks - poratsii (in this case we recognise that corporation is organiza - tsija, constructed on the basis of membership (participation) which participants have opre - delennye the rights concerning its property) or corporation act,

The maintenance of corporate legal relations is constituted by rights and legal obligations both participants, and the corporation Among these rights can allocate such rights as the right to participation in management and the right to reception of the information on society activity, and also the right to reception of a part of profit and to a liquidating quota the Basic duties of the participant are a duty on entering of the property contribution, and also a duty not to disclose the confidential information on corporation activity

Noted signs of the corporate legal relations settled by the corporate right (in a broad sense), allow to approve, that they enter into a subject of legal regulation of civil law

8 Parity of actually corporate norms with the corporate right as in narrow, and in a broad sense, depends on type pravoponimanija which the concrete researcher For the supporter of different variants of the sociological theory in its modern displays these two groups of norms actually concerns coincide For same of scientists who adhere to more conservative normativistskih positions, actually corporate norms can become right a part (źthe corporate right╗) only after official authorisation by the state In all other cases vnutriorganizatsi-onnye rules of behaviour of the organisations admit the part of system of social regulation operating in parallel with the right, but to the right not concerning In our opinion, the most comprehensible is, normativistsky the approach as he allows to bring a reality in a question on delineation of ordering influence of various social regulators

As to corporate rules of law they, no doubt, act as structural elements of the corporate right as in narrow, and in a broad sense

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A source: Zhitov Sergey Anatolevich.
the Right and corporate norms: the author's abstract of the dissertation of the master of laws: 12.00.01, Omsk,. 2010

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