The corporate nature of joint economic organizations operating in the USSR
Автор: Krasilnikova Tatiana K.
Журнал: Legal Concept @legal-concept
Рубрика: Вопросы частноправового регулирования: история и современность
Статья в выпуске: 4 т.21, 2022 года.
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Introduction: the paper examines the forms of participation of Soviet organizations and enterprises in joint economic associations both outside the USSR and within its territory. The author notes that the determination of the legal status of joint economic organizations in the USSR was based on the stable legislative precedents that developed in the early 20s of the twentieth century. In modern conditions of constantly expanding comprehensive mutual cooperation between countries, it is important to use the experience of creating joint organizations, enterprises, firms of various economic integration, one of the forms of connecting their national resources and the closest direct interaction in the field of material production in the interests of each of the contracting countries. The purpose of the work is to conduct a scientific analysis of the corporate nature of joint ventures as one of the forms of integration of economic resources of countries involving the USSR. Methods: using the method of system analysis, on the basis of the regulations and the practice of their application, the main legal problems arising during the creation and operation of joint ventures are analyzed. Results: in the course of the study, the theoretical and practical problems are identified that are directly related to the legal regulation of the creation and operation of joint economic organizations with other countries within the territory of the USSR. The author identifies the existing gaps in the legislation of the USSR. Thus, nowhere was it stipulated in which areas of the economy joint ventures involving foreign capital could be created. Meanwhile, in all countries of the world, this plan contained certain restrictions. In addition, neither in the special legislation nor in the norms to which it directly or indirectly refers, a full definition of the legal status of the joint venture is given. The indications that joint ventures are legal entities and the principles of their responsibility are only elements of the status, but they are not yet the status itself. Conclusions: joint ventures had a traditional model of a trading partnership and a company in their several modifications. For all forms, the recognition of this economic organization as a legal entity of civil law of the USSR, its economic isolation and the inclusion of such an organization in the general system of the economic mechanism of the USSR was common.
Joint economic organizations, corporations, joint-stock companies, interdepartmental international agreements, fiduciary property
Короткий адрес: https://sciup.org/149141516
IDR: 149141516 | DOI: 10.15688/lc.jvolsu.2022.4.16