"In 2015 changes in the Civil Code of the Russian Federation were made, about 10 projects were, - Olga Ruzakova, the deputy head of committee administration of the State Duma by the civil, criminal, arbitration and procedural legislation told at the II All-Russian forum by the corporate legislation. - Among the approved amendments - extension of the list of non-profit organizations. It does not manage to us to hold the limited list of non-profit organizations in the Civil Code of the Russian Federation. There are all new and new. The list of such corporations since May 23, 2015 is expanded due to social movements and lawyer chambers. The lawyer educations which are legal entities, also got to the Civil Code of the Russian Federation. And not the fact that this list will long remain exhaustive, there are also other applicants for inclusion in it".
At a forum the legal community summed up of p the results of work on amendments to the civil legislation. The State Duma since 2012 works over changes of all parts of the Civil Code of the Russian Federation. So, approach to determination of terms of limitation period already changed. "He is limited now irrespective of break restoration by ten years", - Olga Ruzakova reminds. So, in Art. 196 of the Civil Code of the Russian Federation it is said that the term of limitation period cannot exceed ten years from the date of right violation for which protection this term is entered, except for the cases established by the Federal law from March 6, 2006 N 35-FZ "About counteraction to terrorism"." But in case after the term of limitation period the debtor or other obliged person recognizes in writing the debt, the course of limitation period begins anew", - the expert notes. There is a so-called self-repairing term with all that it implies for the organization, its management and contractors.
Long disputes accompanied acceptance of norms about position of heads of the legal entity. Since July 1, 2015 came into the change force where the head of the legal entity is not considered already as the representative. Whom now is the director: representative? body? representative of body? The position in this respect changes annually. At least in 2013, 2014, 2015 this standard of the Civil Code of the Russian Federation underwent changes. The present position does not correspond to jurisprudence. According to the resolution of Plenum of VS Russian Federation of June 23, 2015 N 25 director acts as special type of representative, making the transaction in interests of the legal entity.
Discussed at a forum and compensation of managers of the companies with state participation. Whether it is necessary to pay to the director if results of activity of the company were negative? "Joint-stock companies can offer non-monetary encouragement of activity of professional directors. Unfortunately, now uniform document: in what form and in what look there will be this non-monetary remuneration, at us is not present", - Andrey Komorin, the deputy chief of department of Management of corporate technologies of Rosimushchestvo speaks. However, in state corporation consider that at directors it is not necessary to select the last. It is important not to beat off desire to participate in the management of the companies with state participation at managers.
In the end of the year - on December 29 - the changes connected with use by the organizations of standard charters come into force." It will give the chance to legal entities to act under the standard charter provided that it is accepted by authorized government body, - Ruzakova notes. - While concerning limited liability companies of the Ministry of Economic Development conducts work on use of the standard charter. Neither to register, nor it will not be necessary to submit this charter". Data that legal persons act under such charter, will be specified in EGRYuL. Besides, terms of the state registration of legal entities and individual entrepreneurs from 5 to 3 working days will be reduced.
Among changes which can be accepted in autumn session, Ruzakova notes amendments to chapter of 38 parts the second Civil Code of the Russian Federation about results of intellectual activity. The block according to financial transactions, according to the expert, will pass for the next year. Terms of acceptance of the final block - the real rights are still unknown. Though Ruzakova also notes:" Changes in system of the real rights are very important and expected by many participants of a civil turn".
the Business community is anxious with as far as changes all accepted and planned to consideration will be harmoniously and to work effectively. Whether "Harmonization of the corporate legislation taking into account the changes made to group of companies is possible in general? " - Elena Avakyan, the executive director of "Assistance to Development of the Corporate Legislation" Oil Company asks a question. Avakyan considers as optimum option creation of the uniform law on societies which would unite the law on joint-stock company and the law on limited liability company. The similar idea is considered by the Ministry of Justice of the Russian Federation, however department does not hurry to realize it." Certainly, it not short-term prospect, - Avakyan assures. - Now this idea does not find support in legal community. Nevertheless it is necessary to move in this direction".
In jurisprudence observe a tendency to involvement of directors to liability for debts of the company and active application of concept integrity." Each new tool in the operational device of the lawyer usually causes at first an agiotage. Today it is possible to note that does not manage any civil dispute that there was no reference to dishonesty", - Elena Avakyan speaks. However, in it not only wine of lawyers and lawyers, but also the adopted legislation. The principle of integrity in the civil legislation becomes one of key questions of development of jurisprudence. The court when considering the case has to submit the circumstances which are obviously testifying to unfair behavior even if the parties did not refer to them (item 1 of the resolution of Plenum of VS Russian Federation N 25) for discussion. However today there is no unambiguous interpretation of this concept. Court and lawyers proceed from own understanding of this term. Thus integrity often in judicial proceedings adjoins to other concept - subsidiary responsibility of governing bodies." The shaft of claims about subsidiary responsibility, a huge number of attempts to make governing bodies responsible", - is stated by Avakyan. But all this causes response. There is a large number of chairmen - people who become individual executive body of the company "to cover" with itself the valid owners. As a result judicial proceedings turn into war of approaches. In particular, to recognize real owners of business, lawyers and lawyers use the concept "sdergivaniye of a corporate veil".