Сойфер Т.В. Фонды как субъекты гражданского права

Аннотация: This article is concerned with the research of legal fund status as civil matter participants. The author carried out an analysis of the legal nature, characteristic of funds as an independent organizational and legal form of noncommercial legal persons .While noting that the term “fund” is used in some cases, names of organizations that are actually created in other forms than the fund, which leads to their identification of unnecessary and create problems in law enforcement. It also deals with the specific legal status of certain types of public, state-public, charitable funds. Special attention is paid to the funds established and operating under specifically enacted laws (centers of the historical heritage of the presidents of Russia, ceased to exercise its powers, the Federal Fund to promote housing construction). In considering the range of persons able to participate in the establishment of funds, explores the question of the theoretical and practical possibility of establishing a legal fund of the state and municipal entities. Also it is analyzed the relationship developing between the fund and its shareholders, given the fact that the fund created by voluntary property, contributions of founders and applies to organizations not having a membership. The author presents and investigates the various views expressed in the science on this issue. The article highlights the problems associated with the formation, structure determination and competence of government fund, which had not been in the theory and practice explicit permission. It is claimed that the lack of clear regulatory requirements concerning the place of the board of trustees in the structure of the fund, as well as the order of its formation, leads to the fact that in practice this authority is not fulfilling its purpose and is not endowed with its characteristic features. Based on the analysis of judicial practice by the author investigates issues related to the amendment of the charter fund, with the definition of the content of the special standing fund; disclosed conditions, the order and limits of the funds activity. The article discusses ihe rationale, procedure and consequences of termination of funds as legal entities through their reorganization and liquidation. Particular attention focuses on the theoretical and practical points of contention regarding the possible forms for the fund reorganization, separation of jurisdiction of cases on the elimination of funds between arbitration courts and courts of general jurisdiction, on the contradictions in the legal regulation of relations, that are emerging in the liquidation of public fund.

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Abstract: This article is concerned with the research of legal fund status as civil matter participants. The author carried out an analysis of the legal nature, characteristic of funds as an independent organizational and legal form of noncommercial legal persons .While noting that the term “fund” is used in some cases, names of organizations that are actually created in other forms than the fund, which leads to their identification of unnecessary and create problems in law enforcement. It also deals with the specific legal status of certain types of public, state-public, charitable funds. Special attention is paid to the funds established and operating under specifically enacted laws (centers of the historical heritage of the presidents of Russia, ceased to exercise its powers, the Federal Fund to promote housing construction). In considering the range of persons able to participate in the establishment of funds, explores the question of the theoretical and practical possibility of establishing a legal fund of the state and municipal entities. Also it is analyzed the relationship developing between the fund and its shareholders, given the fact that the fund created by voluntary property, contributions of founders and applies to organizations not having a membership. The author presents and investigates the various views expressed in the science on this issue. The article highlights the problems associated with the formation, structure determination and competence of government fund, which had not been in the theory and practice explicit permission. It is claimed that the lack of clear regulatory requirements concerning the place of the board of trustees in the structure of the fund, as well as the order of its formation, leads to the fact that in practice this authority is not fulfilling its purpose and is not endowed with its characteristic features. Based on the analysis of judicial practice by the author investigates issues related to the amendment of the charter fund, with the definition of the content of the special standing fund; disclosed conditions, the order and limits of the funds activity. The article discusses ihe rationale, procedure and consequences of termination of funds as legal entities through their reorganization and liquidation. Particular attention focuses on the theoretical and practical points of contention regarding the possible forms for the fund reorganization, separation of jurisdiction of cases on the elimination of funds between arbitration courts and courts of general jurisdiction, on the contradictions in the legal regulation of relations, that are emerging in the liquidation of public fund.

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