DOI: 10.7256/2306-9945.2020.4.34655

Abstract: This article is dedicated to the study of possibility of attribution of the joint-stock companies to the objects of public control in the Russian Federation. The authors believe that the institution of public control manifests as the key legal guarantee for the implementation, protection and defense of the constitutional principles of democracy and public participation in administration of state affairs. However, the implementation of this civil society institution is accompanied by numerous problems, one of which is the definition of the concept and the list of objects of public control. In this regard, the authors explore various approaches towards the question of attribution of joint-stock companies to objects of public control. The article formulates and substantiates the original definition of the concept of “public authorities”, which imply not only authority of the state and local self-governance, but also as the combination of such rights of separate subjects of law, the realization of which directly affects the mechanism of implementation, observation, protection and defense of the rights, freedoms and legitimate interests of a wide range of citizens of the Russian Federation, foreign citizens, stateless persons, legal entities, as well as public authority bodies, including local self-governance. Therefore, it appears that joint-stock companies should be classified as a variety of the objects of public control. However, the possibility of organization and implementation of public control over their activity requires introducing certain amendments to the current legislation.

DOI: 10.25136/2409-7810.2020.3.34404

Abstract: This article is devoted to the analysis of the role of corporate control in the organization and activities of joint-stock companies. The authors believe that corporate control in a joint-stock company should be understood as a system of relations between the management bodies and officials of the issuer, owners of securities (such are shareholders, owners of bonds and other securities), as well as other interested parties involved in the management of the issuer as a legal entity in one way or another. The article analyzes the principles of corporate control, in particular: centralization of management; decentralization; coordination of the activities of a joint-stock company as a corporate organization; legality; participation of shareholders in the work of the management bodies of a joint-stock company; integrity and reasonableness. В  This article uses a number of methods of scientific research, such as: formal-logical; comparative-legal; historical; deduction; induction; classification. The authors have formulated the main function of corporate control, which is expressed in ensuring the efficiency of the joint-stock company in the interests of shareholders who have provided the company with financial resources for its activities. The role of corporate control is substantiated in the work: it allows to coordinate the divergent interests of shareholders, management of joint-stock companies, controlling state organizations; thanks to it, it becomes possible to resolve conflicts of majority and minority shareholders; it allows for the continuous, continuous and progressive development of a joint-stock company; thanks to it, it is possible to ensure that the management's activities are aimed at the development of a joint-stock company, and not just to satisfy the desires of shareholders.