Public-law company as a special organizational and legal form of the legal entity

Abstract

The problem of choosing the type of legal entity for solving social and economic problems and security tasks facing the state continues to be one of the disputable issues in the Russian legal doctrine. One of the attempts to improve the situation was the adoption of the Federal law ‘On public-law companies in the Russian Federation', which proposed a new organizational and legal form of a legal entity. In accordance with it, a public law company is a unitary non-profit organization created by the Russian Federation, endowed with functions and powers of public legal nature and carrying out its activities in the interests of the state and society. A public law company can be established on the basis of the federal law or the decree of the President of the Russian Federation and acts on the basis of the decision to establish a public-law company and the statute approved by the Government of the Russian Federation. The statute reflects the purpose for which such company was created. The article assesses the effectiveness of the introduction of a new type of legal entity in the civil law of Russia without developing a common universal approach for solving this problem. Based on the division of the law into private and public, the attempt is made to comprehend the legal status of the public - law company in the system of legal entities in the Russian Federation. The analysis of Russian legislation in the article shows that public-law companies have much in common with state corporations. The author points out that the degree of concretization of general provisions on the system of management bodies, the issues of accounting and reporting organization, internal control and audit differs significantly for a public- law company and a state corporation.