On the necessity of the institute of protection of the rights of business structures in the system of Business Law
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Date of publication
14.09.2021
Public year
2021
DOI
10.31857/S102694520016386-5
On the necessity of the institute of protection of the rights of business structures in the system of Business Law
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The system of economic (later – entrepreneurial) law, whether it was a branch of law, a branch of legislation, a branch of legal science or an academic discipline, contained an institute for the protection of economic (entrepreneurial) rights, which later became a branch of science, legislation and an academic discipline called "Arbitration process". However, there was no institute for the protection of economic (entrepreneurial) rights before, and there is still no scientific study of this topic. In the article, in order to determine the main thing, it is proposed to distinguish these two institutions by basic provisions: the protection of rights is the adoption of organizational, legal and other measures to restore already violated rights, and protection is the development and implementation of a set of preventive measures that prevent the violation of the rights of an entrepreneurial structure. According to the author, in the first approximation, the components of the institution of protection of rights in the system of Business Law are: the general imperfection of the legislation on entrepreneurship; incomplete legal personality of a number of types of business structures, or even its complete absence in the relevant legal field; physical protection of the structure itself, its owners, managers and other persons; the real possibility of raider seizure; selection and thorough verification of the commercial partner necessary for the business structure, as well as deep, if possible, verification of the reliability of "key" employees and other specialists entering the structure; ensuring computer security in the entire sphere of the structure's life; the danger of transferring an economic dispute to the criminal-legal plane; insurance of business risks.

About authors
Mikhail I. Kleandrov
Senior Research Fellow of the Institute of State and Law of the Russian Academy of Sciences
Institute of State and Law of the Russian Academy of Sciences
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