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Anna Podmarkova

Legal persons of public law - prerequisites and princioles of entrenching the concept in Russian law (review of the scientific workshop held by the Department of entrepreneurial law)

2011. No. 4. P. 182–188 [issue contents]

This review incorporates the abstracts of the participants who spoke at the scientific workshop on legal persons in public law held by the Law Faculty Department of Entrepreneurial Law of the National Research University Higher School of Economics held April 29, 2011. The scientific workshop participants stressed the relevance and topicality of the theme discussed at the workshop, traced the ways in developing the law as to shaping legal personality in public law. In particular, the participants touched upon the problems of dividing law into private and public including historical reasons and attempted to make up the criterion of publicity of legal entities and revealing the signs of legal entities in public law. At the workshop, the participants attempted to specify the niche of legal entities within the RF legal entity system, explain the necessity to settle their status by the RF civil code or a special law on such entities. The participants of the seminar showed some examples of legal entities meeting the requirements of a legal entity in public law and analyzed the status of the state corporation
Deposit Insurance Agency. The conclusions and proposals made at the seminar were based on the foreign experience of designing the systems of legal entities and the experience of their functioning. In particular, French legal system was analyzed as the case practice there managed to establish the principles of legal entities of public law long ago. Certain postulates of Anglo-American corporate law were expressed, in particular the absence of the division of law into private and public and recognizing only one form of legal entity, i.e. the corporation, and an ambiguous term public function. The participants of the seminar expressed a variety of approaches to this institution but agreed on the necessity to discuss it.

Citation: Podmarkova A S (2011) Iuridicheskie litca publichnogo prava: predposylki i printcipy zakrepleniia v rossiiskom zakonodatel'stve (obzor materialov nauchnogo seminara kafedry predprinimatel'skogo prava NIU VShE) [Legal persons of public law - prerequisites and princioles of entrenching the concept in Russian law (review of the scientific workshop held by the Department of entrepreneurial law)] Pravo. Zhurnal Vysshei shkoly ekonomiki, 4, pp. 182-188 (in Russian)
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