On the issue of administrative and procedural legal personality of foreign organizations in the Russian Federation
https://doi.org/10.31429/20785836-15-3-23-30
Abstract
The administrative-procedural legal personality of foreign organizations is the most important legal category that determines the ability of an organization to have, acquire, exercise and perform administrative-procedural rights and obligations, that is, to be a subject of administrative-procedural legal relations.
The amendments made to the Constitution of the Russian Federation in 2020, as well as foreign policy factors (2020–2023) have left an imprint on the legal personality of foreign organizations in the Russian Federation.
This problem determines the relevance of studying the administrative-procedural legal personality of foreign organizations. The purpose of this study is to determine the administrative and procedural legal personality of foreign organizations within the framework of the administrative process as a whole, including the problems of limiting the procedural rights of foreign organizations enjoyed by legislators and law enforcement officers in the Russian Federation.
In connection with this goal, the following tasks should be noted: the study of regulatory and law enforcement practice affecting the issues of administrative and procedural legal personality of foreign organizations; identification of ways and means by which the legislator and the law enforcement officer have the opportunity to limit the administrative and procedural legal personality of foreign organizations.
The conclusion of this study is that the state as a whole equates the administrative and procedural legal personality of foreign and Russian organizations. There were no facts of restriction of the administrative-procedural legal personality of foreign organizations, in accordance with the procedure provided for by the Code of Administrative Procedure of the Russian Federation, at the time of this study. However, the legislator and law enforcement officer use other, indirect ways of restriction, for example, recognition of a foreign organization as terrorist or carrying out extremist activities.
About the Author
V. E. Pashonina
FGBOU VO "Kuban State University"
Russian Federation
Russian Federation
Valeria E. Pashonina
Postgraduate student of the Department of Constitutional and Administrative Law
Stavropol str., 149, Krasnodar, Russia, 350040
Tel.: +7 (918) 166-75-12
References
1. Brun M.I. [Legal entities in private international law]. Petrograd: Societies. use; 1915. (In Russ.)]
2. Vinichenko A.S., Krutova Ya.A. [Problems of determining the guilt of legal entities in administrative law]. Byulleten' nauki i praktiki = Bulletin of Science and Practice. 2021;7(5):413–417. DOI: 10.33619/2414-2948/66/43. (In Russ.)]
3. Voznesenskaya N.N. [Legal entities in private international law of Russia and the European Union]. Trudy Instituta gosudarstva i prava Rossijskoj akademii nauk = Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2017;12(2):109–144. (In Russ.)]
4. Eremina Yu.I. [Criteria for determining the personal law and nationality of a legal entity]. Juvenis scientia = Juvenis scientia. 2015;(1):89–93. (In Russ.)]
5. Kanunnikova N.G. [Foreign experience in countering international extremism and terrorism]. Yuridicheskaya nauka i pravoohranitel'naya praktika = Legal science and law enforcement practice. 2014;(3(29)):163–168. (In Russ.)]
6. Kasatkina A.S., Rudeman I.F. [Legal regulation of the legal personality of companies in the European Union]. Obrazovanie i parvo = Education and law. 2017;(8):132–146. (In Russ.)]
7. Kasatkina A.S., Ruderman I.F. [Case law of the European Union and its impact on the regulation of issues of recognition of legal personality of legal entities]. Pravo. Zhurnal Vysshei shkoly ehkonomiki = Law.Journal of the Higher School of Economics. 2017;(3):121–135. DOI: 10.17323/2072-8166.2017.2.121.135. (In Russ.)]
8. Kravtsov D.Yu. [The practice of countering extremism in different countries]. NB: Administrativnoe pravo i praktika administrirovaniya = NB: Administrative law and administrative practice. 2019;(4):22–28. DOI: 10.7256/2306-9945.2019.4.29819. (In Russ.)]
9. Luparev E.B. [A foreign subject in the administrative process]. Moscow: Publishing House Prospect; 2022. (In Russ.)]
10. Mekhdiev T.Eh. [Legal nuances of recognition of Meta as an extremist organization]. Legaltech: Nauchnye resheniya dlya professional'noj yuridicheskoj deyatel'nosti = Legaltech:Scientific solutions for professional legal activity. Collection of reports of the IX Moscow Legal Forum. In 4 parts. Part 1. Moscow, 2022. (In Russ.)]
11. Muza O.V. [Features of administrative procedural legal personality]. Zhurnal rossijskogo prava = Journal of Russian Law. 2013;(11):52–57. (In Russ.)]
12. Novikov V.V. [Nationality of foreign legal entities: conceptual approaches and methodological methods of its determination]. Vestnik Sankt-Peterburgskogo universiteta MVD Rossii = Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2006;(2(30)):99–102. (In Russ.)]
13. Ovchinskii V.S., Kochubei M.A. [Extremist organizations in the USA]. Zhurnal rossiiskogo prava = Journal of Russian Law. 2009;(6(150)):101–113. (In Russ.)]
14. Stakhov A.I. [On some problems and prospects of regulating the administrative and legal status of an organization as a participant in an administrative case]. Vestnik Saratovskoi gosudarstvennoi yuridicheskoi akademii = Bulletin of the Saratov State Law Academy. 2018;(3(122)):106–115. (In Russ.)]
15. Shalland L.A. [Legal status of foreign joint-stock companies in Russia]. Pravo. Ezhenedel'naya yuridicheskaya Gazeta = Right. Weekly legal newspaper. 1902;(1):18–19. (In Russ.)]
16. Shishmareva T.P. [Subjects of German commercial law]. Aktual'nye problemy rossiiskogo prava = Actual problems of Russian law. 2018;(2(87)):60–65. DOI: 0.17803/1994-1471.2018.87.2.060-065. (In Russ.)]
Review
For citations:
Pashonina V.E. On the issue of administrative and procedural legal personality of foreign organizations in the Russian Federation. Legal Bulletin of the Kuban State University. 2023;(3):23-30. (In Russ.) https://doi.org/10.31429/20785836-15-3-23-30
Views:
96
Email this article 