THEORETICAL AND PRACTICAL APPROACHES TO UNDERSTANDING THE ESSENCE OF THE CATEGORY “CORPORATION”

This scientific article explores the main approaches to understanding the essence of the category “corporation” and its basic characteristics. The study’s relevance is determined by the fact that today corporations remain one of the most important elements of the Russian economy, which effective development requires constant improvement of its legal regulation mechanisms. In this paper, the author solves three research tasks: firstly, to consider the concept of “corporation” from the current Russian legislation standpoint; secondly, to determine the main approaches of Russian scholars to understanding the category being studied; thirdly, to analyze the key features of a corporation identified both by the scientific community and the current version of Russia’s Civil Code. From the author’s point of view, in the context of plural opinions on the issue, it is reasonable to apply to a legally accepted approach, however, in theoretical terms, it contains a number of shortcomings and internal contradictions, which provide a fertile ground for scientific discussion about the nature of the “corporation” category. This fact suggests that the formation of legislation related to corporations and corporate relations is still not completed, and the legislator will have to return to adjusting the existing norms of Russia’s Civil Code. Further improvement of corporate legislation can be ensured by including the definition of “corporation” and expanding the list of its essential features in Russia’s Civil Code.