In:
Pravosudie / Justice, Russian State University of Justice, Vol. 3, No. 3 ( 2021-09-28), p. 83-98
Abstract:
Introduction. For a long time, legal science has been discussing the understanding of a legal entity, its characteristics, its relationship with a citizen, as well as other associations of citizens and legal entities. The question of the combination of material and procedural principles in the figure of a legal entity is ambiguous. Theoretical Basis. Methods. The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative legal, formal legal). Results. The legal status of a legal entity as a participant in civil proceedings is based on the same principles and norms of law as those of a citizen. At the same time, a legal entity is a real organisation that acquires and exercises rights and assumes responsibilities through its bodies. In the context of the introduction of digital technologies into the activities of a legal entity, it is advisable to consider a legal entity as a legal device, consisting of certain elements, the main of which are civil rights and obligations that regulate the legal behavior of a legal entity. Discussion and Сonclusion. A legal entity acts in court as a plaintiff and a defendant, performing actions when there is a procedural form of violated or disputed rights. Since legal assistance to a legal entity can now be provided by persons who have documents of a higher legal education or a scientific degree in a legal specialty, it would be advisable to allow such a representative in a court session to decide for himself the choice of performing the procedural actions indicated in Part 2 of Art. 62 of the Code of Arbitration Procedure of the Russian Federation, if there is such a clause in the power of attorney.
Type of Medium:
Online Resource
ISSN:
2686-9241
,
2686-8377
DOI:
10.37399/2686-9241.2021.3
DOI:
10.37399/2686-9241.2021.3.83-98
Language:
Unknown
Publisher:
Russian State University of Justice
Publication Date:
2021
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