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The article examines the correlation of norms and principles governing the institution of a legal entity and the construction of theories of this subject of law. In the theory of civil law, a legal entity is still based on the model of a citizen with legal capacity and legal ability, as an admission of participation in civil turnover, and it is not taken into account that its an existing organization with a complex internal structure. The establishment of the responsibility of the body of a legal entity for unfair or unreasonable actions that caused losses for the legal entity, the granting of a wide range of rights to the corporation's participants to manage the corporation changed the essence of the legal entity. The corporation is now called upon not only to participate in civil turnover, but also to manage the production of goods, works and services. One of the main principles for the assertion of economic and technological sovereignty was the development of entrepreneurial initiative, including experimental legal regimes in the field of digital innovation. The paradox of the civil law understanding of a citizen in the economy is that the legal capacity of an individual entrepreneur is determined through the rules of the Civil Code of the Russian Federation regulating the activities of commercial organizations. The scientific position is supported that the fundamental requirements for the stability and sustainability of civil turnover, legal personality and the regime of objects of civil rights are predetermined by public interest and cannot be determined solely by the principles of private law.
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Vladimir Andryeyev
Journal of Russian Law
Institute of State and Law
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Vladimir Andryeyev (Wed,) studied this question.
www.synapsesocial.com/papers/68e74453b6db6435876bd6d6 — DOI: https://doi.org/10.12737/jrp.2023.040