Academic journal article Journal of Sustainable Development

Corporation as a Social and Legal Institution: An Analytical Review of Russian Historiography

Academic journal article Journal of Sustainable Development

Corporation as a Social and Legal Institution: An Analytical Review of Russian Historiography

Article excerpt

Abstract

The topic under study is urgent due to the fact that the analysis of the main trends of Russian historiography in the field of corporate law will affect the optimization of the development of normative legal acts regulating the establishment and activities of corporations. The objective of the article is to reveal positive and negative stereotypes in the understanding of legal, economic and social nature of corporations, in determining their status, stability and dynamics of development. A leading research method is an integrated approach based on the unity of analysis and synthesis. The article deals with the evolution of the views of Russian scholars on the peculiarities of creation and functioning of various types of corporate associations in Russia, Russia's forms of participation in the activities of corporations from a historical perspective. The materials of the article may be useful to economists, lawyers, sociologists and historians.

Keywords: corporation, company, partnership, joint stock company, mixed society, monopolies, team, guild, workshop, corporate law

1. Introduction

1.1 Urgency of the Problem

The legal status of corporations in Russia has not been the subject of research for a long time. This can be explained by several reasons. Firstly, Russian legal science was not as interested in history of Russian companies as the other countries were. In Russia, the establishment of business corporations largely occurred under the influence of Western European practices, legislation and scientific literature. Therefore, history of Russian corporations received less attention in legal literature in Russia. Secondly, during the period of planned economy and national ownership on means of production, the Soviet Union was not interested in corporations as participants of civil commerce. The interest in Russian corporations has been growing only over the last 20 years after the adoption of the Civil Code of the Russian Federation.

1.2 Scientific Novelty of the Research

The novelty of the phenomenon, little knowledge about it in Russian legal science, argumentativeness of the existence of the corporation as a legal institution and corporate law as an independent branch of law generate permanent interest in the legal phenomenon. Therefore, the majority of the major issues of history and theory of corporate law in Russia remain controversial.

Corporation as a social and legal institution has not been studied from a historical point of view yet. Therefore, the proposed research fills the gap.

The article provides a retrospective analysis of the scientific views of leading Russian and foreign scholars on the legal nature of corporations, historical, socio-economic, political and legal conditions and prerequisites for the development of this institution in Russia, the state policy in the sphere of legal regulation of the establishment and the activities of various kinds of corporations at different stages of historical development of Russian society (Barsukov, 2000; Golikova, 1998; Malykhina, 2003; Sabirova, 2005; Sonkin, 1999; Stoklitskaya-Tereshkovich, 1951; Tikhomirov, 1946; Fadeev, 2004; Funk et al., 1999).

1.3 Theoretical Basis of the Article

The theoretical basis of the article is made up of the works of Russian and foreign academic lawyers that dealt with various aspects of the establishment and activities of corporations in Russia (Volnyansky, 2010; Kulagin, 1987; Rukavishnikov, 2005; Serova, 2011; Fuhrmann, 1972; Owen, 1995).

To study the nature of a legal corporation the authors highlight the role of legal doctrine in order to justify by science new organizational and legal forms of corporate activities that meet the needs of socio-economic development of the country. (Wolf, 1927; Isaev, 1977; Kushniruk, 2005 Laverychev, 1982; Sabirova, 2005; Shumilina, 2009).

1.4 Hypothesis of the Study

There are several major periods in historiography that differ according to various methodological approaches to the study, nature of the sources involved, and level of theoretical generalizations of historical facts. …

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