RECOVERY OF CORPORATE CONTROL AS A REMEDY FOR CORPORATE MEMBERS

Abstract

The article concludes that filing a claim for the recovery of corporate control is a special case of applying legal recognition of right as a general civil remedy stipulated by Article 12 of the Civil Code of the Russian Federation. The article suggests that corporate legal relationships should be classified as primary and dependent (derivative). The article contains arguments in favor of the opinion that filing a claim for the recovery of corporate control is aimed at confirming the primary corporate relationship between a plaintiff and a corporation, including its element in the form of interest in the corporation. This claim does not cover remedies arising from derivative corporate relationships. It has been acknowledged that the legal interest of a plaintiff filing a claim for the recovery of corporate control consists in participating in the corporate relationship in order to exercise the right with respect to an interest therein. Such a concept of the remedy in question makes it possible to overcome certain problems related to the protection of corporate interests. It has been concluded that using the claim for the recovery of corporate control should not be limited to claiming the recovery of corporate control pursuant to paragraph 3, Article 65.2 of the Civil Code of the Russian Federation. Civil law provisions regulating recognition of a right as a civil right remedy should specify basic rules for its application rather than limit the scope of its application.