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Forms of State Participation in Civil Turnover: The Experience of Russia, Kazakhstan and China
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Forms of State Participation in Civil Turnover: The Experience of Russia, Kazakhstan and China
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2024.5.3
Publication type
Article
Status
Published
Authors
Elena Dorozhinskaya 
Occupation: Associate Professor, Department of Civil Law and Process
Affiliation: Siberian Institute of Management — Branch of the Russian Presidential Academy of National Economy and Public Administration
Address: Novosibirsk, Russia
Elena Goriacheva
Occupation: Associate Professor, Department of Civil Law and Process
Affiliation: Siberian Institute of Management — Branch of the Russian Presidential Academy of National Economy and Public Administration
Address: Novosibirsk, Russia
Edition
Volume 28 No. 5
Pages
88-99
Abstract

In the modern world, the state is becoming an active participant in civil turnover, becoming involved in solving public tasks and ensuring common benefits by establishing legal entities. Unitary forms of legal entities, previously popular in the field of public property management, have faded into the background compared to corporate entities with state participation, the effectiveness and expediency of which are ambiguous. The question is raised about the formation of general trends in the legal regulation of the mechanism and forms of state participation in civil turnover both in Russia and abroad.

Using the formal legal method of studying the norms of legislation and doctrine, the mechanisms and forms of the state’s inclusion in civil circulation and the realization of property rights by it are compared. The participation of the state in civil legal relations is investigated indirectly or on special instructions, excluding the direct participation of state bodies in civil turnover. Special attention is paid to the statuses of state corporations and companies, public law companies that occupy a special place in the mechanism of solving state tasks and, as a rule, do not have economic efficiency.

The analysis of the legislation and practice of Kazakhstan and China as countries with a peculiar approach to regulating state participation in ensuring public interests through stimulating private participants in turnover and the introduction of special forms of organizations is presented. Commercial and non-commercial joint-stock companies are compared, the prospects of introducing such a form of organizations as social and entrepreneurial corporations are assessed.

The article substantiates the absence of a system of organizational and legal forms of legal entities that allow meeting the modern needs of the state and society and fully ensuring effective management of public property to solve state tasks. The prospect of reforming the legal regulation of state participation in the activities of corporations is being determined.

Keywords
civil turnover, unitary enterprises, public law companies, social and entrepreneurial corporations, non-profit joint stock company
Date of publication
17.05.2024
Number of purchasers
2
Views
88
Readers community rating
0.0 (0 votes)
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