{"title":"法人实体的物质要素和程序要素的统一","authors":"V. Andreev, V. Kondrat'ev","doi":"10.37399/2686-9241.2021.3.83-98","DOIUrl":null,"url":null,"abstract":"Introduction. For a long time, legal science has been discussing the understanding of a legal entity, its characteristics, its relationship with a citizen, as well as other associations of citizens and legal entities. The question of the combination of material and procedural principles in the figure of a legal entity is ambiguous. Theoretical Basis. Methods. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). Results. The legal status of a legal entity as a participant in civil proceedings is based on the same principles and norms of law as those of a citizen. At the same time, a legal entity is a real organisation that acquires and exercises rights and assumes responsibilities through its bodies. In the context of the introduction of digital technologies into the activities of a legal entity, it is advisable to consider a legal entity as a legal device, consisting of certain elements, the main of which are civil rights and obligations that regulate the legal behavior of a legal entity. Discussion and Сonclusion. A legal entity acts in court as a plaintiff and a defendant, performing actions when there is a procedural form of violated or disputed rights. Since legal assistance to a legal entity can now be provided by persons who have documents of a higher legal education or a scientific degree in a legal specialty, it would be advisable to allow such a representative in a court session to decide for himself the choice of performing the procedural actions indicated in Part 2 of Art. 62 of the Code of Arbitration Procedure of the Russian Federation, if there is such a clause in the power of attorney.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Unity of the Material and Procedural Elements of a Legal Entity\",\"authors\":\"V. Andreev, V. Kondrat'ev\",\"doi\":\"10.37399/2686-9241.2021.3.83-98\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Introduction. For a long time, legal science has been discussing the understanding of a legal entity, its characteristics, its relationship with a citizen, as well as other associations of citizens and legal entities. The question of the combination of material and procedural principles in the figure of a legal entity is ambiguous. Theoretical Basis. Methods. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). Results. The legal status of a legal entity as a participant in civil proceedings is based on the same principles and norms of law as those of a citizen. At the same time, a legal entity is a real organisation that acquires and exercises rights and assumes responsibilities through its bodies. In the context of the introduction of digital technologies into the activities of a legal entity, it is advisable to consider a legal entity as a legal device, consisting of certain elements, the main of which are civil rights and obligations that regulate the legal behavior of a legal entity. Discussion and Сonclusion. A legal entity acts in court as a plaintiff and a defendant, performing actions when there is a procedural form of violated or disputed rights. Since legal assistance to a legal entity can now be provided by persons who have documents of a higher legal education or a scientific degree in a legal specialty, it would be advisable to allow such a representative in a court session to decide for himself the choice of performing the procedural actions indicated in Part 2 of Art. 62 of the Code of Arbitration Procedure of the Russian Federation, if there is such a clause in the power of attorney.\",\"PeriodicalId\":184770,\"journal\":{\"name\":\"Pravosudie / Justice\",\"volume\":\"1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-09-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Pravosudie / Justice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.37399/2686-9241.2021.3.83-98\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Pravosudie / Justice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.37399/2686-9241.2021.3.83-98","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Unity of the Material and Procedural Elements of a Legal Entity
Introduction. For a long time, legal science has been discussing the understanding of a legal entity, its characteristics, its relationship with a citizen, as well as other associations of citizens and legal entities. The question of the combination of material and procedural principles in the figure of a legal entity is ambiguous. Theoretical Basis. Methods. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). Results. The legal status of a legal entity as a participant in civil proceedings is based on the same principles and norms of law as those of a citizen. At the same time, a legal entity is a real organisation that acquires and exercises rights and assumes responsibilities through its bodies. In the context of the introduction of digital technologies into the activities of a legal entity, it is advisable to consider a legal entity as a legal device, consisting of certain elements, the main of which are civil rights and obligations that regulate the legal behavior of a legal entity. Discussion and Сonclusion. A legal entity acts in court as a plaintiff and a defendant, performing actions when there is a procedural form of violated or disputed rights. Since legal assistance to a legal entity can now be provided by persons who have documents of a higher legal education or a scientific degree in a legal specialty, it would be advisable to allow such a representative in a court session to decide for himself the choice of performing the procedural actions indicated in Part 2 of Art. 62 of the Code of Arbitration Procedure of the Russian Federation, if there is such a clause in the power of attorney.