Фролова Н.В. Еще раз о том, есть ли основания признать интегрированные хозяйственные системы субъектами права

Аннотация: Presented article contains the author’s point of view concerning one of the existing problems in jurisprudence whether there are any reasons to recognize integrated economic systems as subjects of the law. On the basis of the analysis of some laws and other normative legal acts the conclusion is made that the disagreements stated in scientific sphere are consequence of not totally considered position of the legislator. Officially not allocating the integrated economic systems the status of subjects of the right it in some cases fixes positions which can be interpreted ambiguously. Nevertheless, in opinion of the author of the article, it does not follow from the legislation that the integrated economic systems are allocated with the rights and duties, i.e. they do not have one of basic attributes of the subject of the right. According to the current legislation the rights and duties arise only at the managing subjects that are the participants of integrated economic systems. The arising between managing subjects relations of economic dependence invested with the legal form serve as the basis for their establishment.

Abstract: Presented article contains the author’s point of view concerning one of the existing problems in jurisprudence whether there are any reasons to recognize integrated economic systems as subjects of the law. On the basis of the analysis of some laws and other normative legal acts the conclusion is made that the disagreements stated in scientific sphere are consequence of not totally considered position of the legislator. Officially not allocating the integrated economic systems the status of subjects of the right it in some cases fixes positions which can be interpreted ambiguously. Nevertheless, in opinion of the author of the article, it does not follow from the legislation that the integrated economic systems are allocated with the rights and duties, i.e. they do not have one of basic attributes of the subject of the right. According to the current legislation the rights and duties arise only at the managing subjects that are the participants of integrated economic systems. The arising between managing subjects relations of economic dependence invested with the legal form serve as the basis for their establishment.