Relationship licensing and legal capacity of legal entities (theoretical and practical aspect)

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The article examines the issues of the relationship between the institution of licensing in the context of the legal capacity of legal entities. In this regard, the author analyzes legislative acts (Civil Code of the Russian Federation, etc.), scientific works on the stated problems, materials of law enforcement practice. It is concluded that the institution of licensing, on the one hand, confirms the legal capacity of bona fide business entities, and, on the other hand, restricts some of the rights of unscrupulous business entities. At the same time, there are a number of ambiguous aspects in the relationship between special legal capacity and licensing, and proposals for resolving existing contradictions are substantiated.

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Legal capacity, licensing, economic activity, civil law, unitary enterprise, commercial organization

Короткий адрес: https://sciup.org/170190136

IDR: 170190136   |   DOI: 10.24412/2411-0450-2021-3-2-193-198

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