Intra-corporate state influence and the balance of interests

Abstract

The article analyzes public elements in the activities of companies with state participation. The study’s object is the relationship between private and public interests and the resulting conflicts between the state and private sectors. The authors acknowledge that the state effectively implements policies for private investors. However, they argue that institutional guarantees independent of the professional skills of individual managers are necessary to ensure greater legal certainty. Such guarantees may be based on a clearly defined distribution of rights and obligations among those involved in corporate relations. The study’s relevance stems from the lack of transparency in the decision-making process that affects the activities of economic entities to protect public interests. Current legislation does not adequately regulate this procedure. This creates commercial risks if decisions are not sufficiently justified or well-founded. To address this issue, the authors offer several recommendations for striking a balance between private and public interests in this area. In addition to domestic experience, the article examines foreign practice in managing companies with state participation. The article also traces the evolution of the relationship between the state and commercial organizations, which was primarily influenced by numerous economic crises.