The Procedural Form of Resolution of Corporate Disputes: Material and Procedural Aspects

On the basis of a theoretical analysis of the Russian system of protection of subjective civil rights, freedoms and legitimate interests, based on the differentiation of private law and public law conflicts, it was concluded that corporate dispute proceedings do not have signs of an independent type of arbitration proceedings. The current arbitration procedural legislation does not contain significant procedural features for the consideration of corporate disputes. It is shown that cases of this category may have a private law or public law nature and should be considered accordingly — according to the rules of action proceedings or proceedings in cases arising from administrative and other public legal relations. It is proposed to supplement the legal definition of a corporation with a direct indication of its entrepreneurial or other economic activity, thereby distinguishing between corporations and other legal entities. It is pointed out that there is no legal definition of the concept of "economic activity", in connection with which it is proposed to abandon its use.