Nikitin V.
Structural departments of the foreign commercial organizations in the Russian Federation
// International Law and International Organizations.
2016. № 3.
P. 344-354.
DOI: 10.7256/2454-0633.2016.3.20083 URL: https://en.nbpublish.com/library_read_article.php?id=20083
Структурные подразделения иностранных коммерческих организаций в Российской Федерации
Nikitin Vladimir
PhD in Politics
Lawyer, Moscow City Collegium of Advocates; Educator, Institute of Social Sciences of the Russian Academy of State Service under the President of the Russian Federation
105120, Russia, g. Moscow, per. Malyi Poluyaroslavskii, 3/5, stroenie 1
Abstract: This article examines the questions of lawfulness of the activity of the foreign companies in the Russian Federation without accreditation of the branches and representative establishments. The subject of this research is the succession of practical steps necessary for realization of legitimization of the systemic commercial activity of foreign organizations in the Russian Federation depending on the various circumstances and vectors of business. The author examines multiple aspects of the notions “branch” and “representative establishment” based on their sectoral and legal affiliation. The subject area of the research includes the changes in legislation pertaining to the foreign investments in the Russian Federation since 2014. The notions of branch and representative establishment vary on their interpretation in civil law, investment law, and tax law. Despite the presence of a branch or representative office, all of the deals conducted by the foreign commercial organization remain valid, and the organizations themselves preserve the right to sue and be a defendant in court. The low level of legal technique that allows the multiplicity of interpretations is characteristic to the normative acts regulating the examined topic.
