Vindication model of corporate rights restoration

The article deals with issues related to the restoration of the corporate rights of an entity that was unlawfully deprived of legitimation as a copyright holder. The corporate rights embodied in the “share of participation” are the object of civil rights and belong to the participant of the corporation on the absolute right. The cases of protection of the violated rights of a corporation participant provided for by Russian civil legislation are analyzed: the demand for the return of illegally written-off undocumented shares and the recognition of the right to the lost share in the authorized capital of a limited liability company. It is concluded that these methods of protection are built on the vindication model. Such a method of protection as the restoration of corporate control is analyzed. It is concluded that the restoration of corporate control is a restitution in the meaning of an industry-wide measure of protection of a violated right in a restorative form, which includes as an indispensable but auxiliary element, the requirement to return the share of participation that has a vindication character. The vindication model of restoring the corporate rights of a person unlawfully deprived of dominance over a share of participation in a corporation is considered as a way of protecting an absolute right, implemented by restoring the legitimation of the rightholder in order to return to him the dominance over the lost share of participation.