Creation of a Russian legal entity based on the property of a foreign legal entity

Occupation: Chief researcher of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow

Journal name

Gosudarstvo i pravo

Edition

Issue 5

Pages

80-99

Abstract

In 2022, the Russian Federation and Russian Federation’s residents (citizens and legal entities) faced large-scale restrictive measures (sanctions) that were introduced by foreign states and international organizations. This became the basis for the introduction by the Russian state of retaliatory measures of influence (counteraction). The system of such measures of influence, although they have a certain normative basis, is nevertheless only being formed; it includes, among other things, individual private law institutions. Among them is the creation (by establishment) of a Russian legal entity by decision of state bodies (executive power or courts) on the basis of the property of foreign organizations (including the property that is the basis for the activities of officially registered branches or representative offices of foreign legal entities). Previously, the current civil (as well as other sectoral) legislation did not provide for such actions; we can say that we are witnessing the formation of a new set of regulations on the creation (establishment) of a legal entity on the basis of the property of an existing legal entity, using partially elements that are more characteristic of reorganization (universal succession); in part, one can even state the following: what is called “creation of a legal entity” in legal acts is in reality a significant change in a foreign legal entity, i.e., an analogue of the reorganization of a legal entity (in terms of consequences). In the presented article, the author for the first time analyzes the currently available regulations governing the creation of a Russian legal entity based on the property of a foreign legal entity; based on the results of the study, conclusions are drawn about further directions for the development of legal regulation.

Keywords

restrictive measures, sanctions, measures of influence (counteraction), special economic measures, legal entity, creation of a legal entity, establishment of a legal entity, reorganization, universal succession

Received

15.02.2023

Publication date

30.05.2023

Number of characters

91072

Cite

GOST	Gabov A. Creation of a Russian legal entity based on the property of a foreign legal entity // Gosudarstvo i pravo – 2023. – Issue 5 C. 80-99 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520025194-4-1 (circulation date: 22.07.2024). DOI: 10.31857/S102694520025194-4
MLA	Gabov, Andrey V "Creation of a Russian legal entity based on the property of a foreign legal entity." Gosudarstvo i pravo 5 (2023):80-99. DOI: 10.31857/S102694520025194-4
APA	Gabov A. (2023). Creation of a Russian legal entity based on the property of a foreign legal entity. Gosudarstvo i pravo (5), pp.80-99 DOI: 10.31857/S102694520025194-4

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