Ефимцева Т.В. Стадии инновационной деятельности

Аннотация: In the present work the analysis and generalization of theoretical development Russian and of some foreign authors, judiciary practice on problems of corporate management is spent. Research of rules of law, and also the specified sources convincingly shows necessity of legislative fastening of principles of corporate management for Russia. This article consists of the several parts allowing consistently to designate all essential moments of a theme of research, namely, to specify definition of principles in civil law science; an opportunity of application of principles of civil law to considered attitudes; to prove necessity of special principles of corporate management and to reveal their concept, quantity and legislative fastening. In the beginning the general problems of concept of principles in the Russian legal system, principles of civil law and their role in corporate attitudes are considered. The conclusion about impossibility of recognition sufficient for regulation of corporate management of presence only principles of civil law is done. The last have the general character and should be supplemented with special principles which will allow to design in the further adequate normative regulation. Further, approaches available on today to definition of principles of corporate management and their quantity are generalized. Works of such authors as are investigated: A. Varlamova, A. Glushetsky, V.V. Dolynskaya, T. Kashanina, S.D. Mogylevsky, D.A. Pumpjansky, D.A. Stepanov, A. Juljanets and others. Advantages and lacks of allocation of those or other positions as principles of corporate management are specified. Further, in work author’s vision of concept and quantity of principles of corporate management, by research of the legal nature of management in corporations, intrinsic characteristics of the given phenomenon as institute of civil law is formulated. The author lifts and solves the problems put in work on an example of such corporations as joint-stock companies. Using various sources, the author comes not only to a conclusion about concept and structure of principles of corporate management which has fundamental, theoretical character, but also to a conclusion about necessity of fastening of those for norms of the federal law on joint-stock companies, having the big practical value. The given norm, in opinion of the author, will be the legal base, a basis of a regulation of management in such corporations as joint-stock companies, to form base for designing new norms. It will allow court and the arguing parties at the sanction of concrete disputes, to refer not only to special clauses of the law, but also on the given norm, that, undoubtedly, will strengthen opportunities of protection of the corporate rights of participants of considered attitudes. Thus, the present work is of interest not only in the scientific plan, but also from the point of view of perfection of the legislation and the analysis of judiciary practice on problems of corporate management.

Abstract: In the present work the analysis and generalization of theoretical development Russian and of some foreign authors, judiciary practice on problems of corporate management is spent. Research of rules of law, and also the specified sources convincingly shows necessity of legislative fastening of principles of corporate management for Russia. This article consists of the several parts allowing consistently to designate all essential moments of a theme of research, namely, to specify definition of principles in civil law science; an opportunity of application of principles of civil law to considered attitudes; to prove necessity of special principles of corporate management and to reveal their concept, quantity and legislative fastening. In the beginning the general problems of concept of principles in the Russian legal system, principles of civil law and their role in corporate attitudes are considered. The conclusion about impossibility of recognition sufficient for regulation of corporate management of presence only principles of civil law is done. The last have the general character and should be supplemented with special principles which will allow to design in the further adequate normative regulation. Further, approaches available on today to definition of principles of corporate management and their quantity are generalized. Works of such authors as are investigated: A. Varlamova, A. Glushetsky, V.V. Dolynskaya, T. Kashanina, S.D. Mogylevsky, D.A. Pumpjansky, D.A. Stepanov, A. Juljanets and others. Advantages and lacks of allocation of those or other positions as principles of corporate management are specified. Further, in work author’s vision of concept and quantity of principles of corporate management, by research of the legal nature of management in corporations, intrinsic characteristics of the given phenomenon as institute of civil law is formulated. The author lifts and solves the problems put in work on an example of such corporations as joint-stock companies. Using various sources, the author comes not only to a conclusion about concept and structure of principles of corporate management which has fundamental, theoretical character, but also to a conclusion about necessity of fastening of those for norms of the federal law on joint-stock companies, having the big practical value. The given norm, in opinion of the author, will be the legal base, a basis of a regulation of management in such corporations as joint-stock companies, to form base for designing new norms. It will allow court and the arguing parties at the sanction of concrete disputes, to refer not only to special clauses of the law, but also on the given norm, that, undoubtedly, will strengthen opportunities of protection of the corporate rights of participants of considered attitudes. Thus, the present work is of interest not only in the scientific plan, but also from the point of view of perfection of the legislation and the analysis of judiciary practice on problems of corporate management.