Open AccessOn the Issue of a Public Corporation as a Form of a Non-Profit Organization
Author(s) -
Natalia G. Kanunnikova
Publication year - 2021
Publication title -
bezopasnostʹ biznesa
Language(s) - English
Resource type - Journals
ISSN - 2072-3644
DOI - 10.18572/2072-3644-2021-2-3-5
Subject(s) - corporation , legislation , civil code , law , corporate law , limited liability , state (computer science) , legal person , autonomy , profit (economics) , political science , business , law and economics , public administration , economics , corporate governance , finance , algorithm , computer science , microeconomics
The article offers the author’s vision of such a form of non-profit organization as a state corporation with a special legal status. As a result of the analysis, the author comes to the conclusion that it is permissible to recognize a state corporation as an independent subject of civil law relations, since state corporations combine the characteristics of both a legal entity, in particular, the autonomy of property, independent liability for obligations, etc., and the institution of the state, endowed with authority. The analysis of the federal legislation allowed the author to say that a special legal regime applies to modern Russian state-owned corporations, which provides for their exemption from certain duties and granting certain rights and powers. In this regard, the question is raised about the development of recommendations for improving legislation in the field under study by excluding Article 7.1 from the Federal Law, January, 12 № 7-FZ “On Non-Profit Organizations”, and introducing its content into the Civil Code of the Russian Federation, adding it to Article 124.1 “State Corporation”.