Reorganization of Legal Entities and Balance in the Issue of Ensuring and Protecting the Interests of the Entities Involved in it

Abstract

The institution of reorganization of legal entities is quite common in modern Russian conditions, however, to date, firstly, there has not been a consensus in the scientific literature on the essence of reorganization, and secondly, many gaps contained in civil legislation that violate the balance of rights of the subjects involved in it, which have been repeatedly pointed out by scientists, have not been eliminated- lawyers. Purpose: the author examines the essence of the institution of reorganization of legal entities, to identify the shortcomings of civil law norms affecting the issue of ensuring a balance of interests of entities participating in the reorganization. The methodological basis was the general scientific method of analysis, as well as private scientific methods of formal legal analysis and interpretation. Results: based on the results of this study, it was found that the institution of reorganization of a legal entity should be considered as a system of legal relations, the object of which is the creation of a legal entity. The author also determined that the imperfection of the existing norms of civil legislation is one of the main reasons for the violation of the rights and interests of entities involved in the reorganization of legal entities. Conclusions: as a result of the conducted research, the author comes to the conclusion that there is a need for clearer legislative regulation of the recognition of the reorganization as failed and invalidation of the decision on the reorganization of a legal entity. Additionally, ways are determined to eliminate the relevant gaps and increase the level of protection of the rights and interests of all participants in the reorganization.