State Organizations as Subjects of Corporate Relations: on the Possibility of Participation in Corporate Relations of Unitary Legal Entities

Abstract

The article raises the question on possible participation of the State and legal persons established by it (public enterprises and institutions) in corporate relations. The article criticizes the approach, dominant both in the doctrine and in the legislation, that corporate relations appear only in corporate organizations. This view is based on an incorrect identification of corporate relations with the relations of participation (membership), while the participation (membership) is not a sign of corporate relations, but happens in many civil and other relations with a variety of persons. The conclusion is that it is necessary to recognize corporate relationship, related to management of any legal entity. The author proves that the right to manage a legal entity has the same nature for both corporate organizations and for unitary state organizations.