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MAXIM S. SAFONOVа
аRussian Academy of Sciences
DOI: 10.22394/2070-8378-2020-22-2-6-9
Abstract:
In the article, development institution is considered from its legal form and nature, in which it can and should carry out its activities, namely, as a subject of public law. The relevance of this article is expressed by the introduction in the Russian law of a public law company concept, which is a new alternative to state-owned corporations. On July 3, 2016, Federal Law No. 236- FZ “On Public Law Companies in the Russian Federation and on Amending Certain Legislative Acts of the Russian Federation” (with amendments and additions) was adopted. After its adoption, a new wave of discussions began to take place on the active use of such concepts as a legal entity of public law in Russian legislation. At the legislative level, it became necessary to implement general principles regarding legal entities of the same type in the framework of the legal matrix, into which it is possible to attribute all known subjects of law. The special legal nature of development institutions requires a particular legal form that would meet the goals and objectives set for them. The use of almost all the provisions of the legal entity of public law theory, in modern practice, can be the correct decision to create the necessary legal form for development institutions. This will allow taking into account the features of the property base of their activities, peculiarities of management of the development institution, setting goals when making decisions, the ability to use specific tools of state regulation of economy in the implementation of public functions assigned to the development institutions.
Keywords:
development bank, development institute, public law entity, public law company, state development corporation, nonprofit organization, investment activity
Received:
April 3, 2020
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