俄罗斯一家股份公司治理中的电子互动和数字技术

A. Gabov
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引用次数: 0

摘要

本文致力于俄罗斯企业关系参与者之间电子形式互动的法律监管发展中的关键问题。作者对自20世纪90年代中期至今的立法发展及其适用实践进行了持续的考察。为应对2020年冠状病毒感染的传播而制定的紧急立法的影响是单独考虑的。作者详细分析了俄罗斯银行的材料、各种政治态度。在特殊文献中,第一次显示了私人关系和公共关系中电子形式互动发展的相关性。审议了当前主要的立法举措。研究的目的是在分析包括公共关系规制在内的立法发展经验的基础上,制定法律规制发展的主要方向。为了实现这一点,研究的第一部分(引言)展示了传统的企业行为方法,评估其优点和缺点;然后,研究的第二部分显示了2000年代的第一次尝试,包括法规中的电子交互元素;然后(在第三部分)显示了立法者在2010年监管方法的根本变化,给出了2019年底至2020年初(冠状病毒大流行开始之前)期间监管状况的估计;第四部分是对现行法律草案的评估,以及笔者在规制方向方面的建议。根据所做工作的结果,得出的主要结论是需要扩大对所有法律实体使用电子形式的互动,以及私法和公法规定的相互关系。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Electronic interaction and digital technologies in corporate governance of a joint stock company in Russia
The article is devoted to key issues in the development of legal regulation of electronic forms of interaction between participants in corporate relations in Russia. The author consistently examines the development of legislation and the practice of its application since the mid-1990 s. until now. The impact of the emergency legislation created to counter the spread of coronavirus infection in 2020 is separately considered. The author analyzes in detail the materials of the Bank of Russia, various political attitudes. For the first time in special literature, the correlation of the development of electronic forms of interaction in private and public relations is shown. The main current legislative initiatives are considered. The purpose of the study is to formulate the main directions of the development of legal regulation, based on the analysis of the experience of the development of legislation, including regulating public relations. To implement this, the first part of the study (introduction) shows the traditional approach to corporate actions, evaluates its pros and cons; then the second part of the study shows the first attempts in the 2000 s. include elements of electronic interaction in regulations; then (in the third part) a radical change in the legislator’s approaches to regulation in 2010 is shown, estimates are given of the state of regulation for the period from late 2019 to early 2020 (before the start of the coronavirus pandemic); in the fourth part of the assessment of current draft laws, as well as the author’s proposals in terms of directions of regulation are formulated. Based on the results of the work done, the main conclusion was made about the need to expand the use of electronic forms of interaction for all legal entities, as well as the correlation of private law and public law regulation.
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