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Non-Legal Economic Entities: What Is That?
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Non-Legal Economic Entities: What Is That?
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.089
Publication type
Article
Status
Published
Authors
Mikhail I. Kleandrov 
Occupation: Chief Researcher
Affiliation: Institute of State and Law, Russian Academy of Sciences
Address: Moscow, Russia
Edition
Volume 27 No. 8
Pages
28-40
Abstract

The article raises the issue of considering the economic entities in Russia from the legal standpoint. Such entities tobjectively existed, exist today and will certainly exist in the foreseeable future. At different historical stages of the Russian state development, they acquired various types. The main thing that united them was that they were not subjects of law, did not have legal personality.

The goals and objectives of this study are to determine the configuration of these entities, to identify their full or partial economic basis, as well as to identify the negative consequences of their lack of legal personality. The author asks the question: which types of these entities can eventually form a proper legal personality, turning them into subjects of law?

The methodological basis of this study was made up of general scientific research methods: dialectical-materialistic cognition, analysis, synthesis, generalization, as well as concrete scientific methods of cognition: formal-legal, historical-legal and comparative-legal.

The results of the study. The problem of the real existence in the life of society of economic entities that have not reached the level of the subject of law is posed. This was done using existing examples: self-employed citizens, artificial intelligence, volunteer detachments, etc.

Conclusions: the article suggests that it is necessary to withdraw from the " legal shadow" of economic non-legal entities, since without this they are defenseless in the matter of judicial protection of their rights and interests in case of their violation or challenge. At the same time, it is noted that it is not expedient to endow some of their types with legal personality.

Keywords
legal entity, economic entities without legal personality, self-employed, artificial intelligence, rights protection mechanism
Date of publication
29.08.2023
Number of purchasers
12
Views
192
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

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2. Kleandrov M. I. On a broader understanding of legal personality or about strange subjects of law. Gumanitarnye nauki v Sibiri, 2000, no. 3, pp. 88—92. (In Russ. )
 3. Savenko N. E. The status of a self-employed individual in the Russian Federation. Synergy of interdisciplinary and intersectoral legal analysis. Moscow, 2023. 240 p. (In Russ. ) 
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 5. Andreev V. K. On the use of artificial intelligence in judicial activity. Rossiyskoe pravosudie, 2023, no. 3, pp. 78—83. (In Russ. ) 
6. Gadzhiev G. A. Whether the Robot-Agent is a Person? (Search of Legal Forms for the Regulation of Digital Economy). Journal of Russian Law, 2018, no. 1, pp. 15—30. (In Russ. )
 7. Gadzhiev G. A., Voynikanis E. A. Can a robot be a subject of law? (search of the legal forms for regulating the digital economy). Pravo. Zhurnal Vysshey shkoly ekonomiki, 2018, no. 4. (In Russ. ) 
8. Yastrebov O. A. Discussion on the prerequisites for assigning robots the legal status of “electronic persons”. Voprosy pravovedeniya, 2017, no. 1. (In Russ. ) 
9. Yastrebov O. A. Legal personality of an electronic person: theoretical and methodological approaches. Trudy Instituta gosudarstva i prava RAN, 2018, vol. 13, no. 2. (In Russ. ) 
10. Filipova I. A. Legal regulation of artificial intelligence: regulation in Russia, foreign research and practice. Gosudarstvo i pravo, 2018, no. 9. (In Russ. ) 
11. Kleandrov M. I. The legal status of the human embryo. Problems of formation, preservation, restoration and strengthening of health (medical, biological, ecological, psychological and pedagogical, socio-economic, philosophical, legal aspects of valeology): collection of scientific works. Moscow; Tyumen', 1995. Iss. IX. Pp. 181—185. (In Russ. ) 
12. Kleandrov M. I. Legal regulation of relations “up” from the legal “standard” of the person. Actual problems of jurisprudence. Materials of the final scientific conference. Tyumen', 1996, iss. 1, pp. 68—78. (In Russ. ) 
13. Kleandrov M. I. Unusual subjects of law. Actual problems of jurisprudence. Tyumen', 1999. Iss. 3. Part 1. Pp. 25—35. (In Russ. ) 
14. Kleandrov M. I. Once again about the idea of a meta-guide in the context of an upcoming meeting with Another Mind. Moskovskiy zhurnal mezhdunarodnogo prava, 2000, no. 2(30), pp. 386—393. (In Russ. ) 
15. Kleandrov M. I. Law and Other Reason: points of Contact. Gumanitarnye nauki v Sibiri, 2004, no. 1, pp. 94—99. (In Russ. ) 
16. Kleandrov M. I. Metapravo and megapravo for the settlement of relations with Another Mind. Pravo i gosudarstvo, 2015, no. 4(69), pp. 81—85. (In Russ. )

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