Civil Protection of Shareholders’ Rights

The purpose of research is the identification of the problems existing in the law and practice relating to the methods of protection of shareholders' rights, as well as making suggestions to improve the legislation in this area. Tasks: 1) Ordering of ways to protect the rights of shareholders 2) Statistical analysis of the Judicial Department under the Supreme Court of the Russian Federation on the claims of shareholders 3) Comparative analysis of legislation for the protection of shareholders' rights in the Russian Federation, as well as in the United States and Germany. 4) Consideration of various ways to protect the rights of shareholders. Results: 1) it was concluded on the basis of statistical analysis of cases by arbitration courts that shareholders prefer to defend their rights in court, rather than resort to extra-judicial methods of protecting their rights. 2) How to protect the rights of shareholders in Germany, the United States and the Russian Federation are almost identical, but there are minor features that are typical of the rights of a particular state. 3) Analysis of judicial practice, legislation and the doctrine has identified a number of legal gaps in the regulation of the right way to protect the rights of shareholders The proposals 1) To amend article 4 of the Law "On competition and restriction of monopolistic activity on commodity markets" in order to concretize the concept of affiliated persons. 2) Add to the provisions of paragraph 6 of Article 79 of the Federal Law "On Joint Stock Companies" transaction, which, in accordance with the articles of association of the company, the order of approval of major transactions 3) To amend paragraph 7 of Article 181.4 of the Civil Code, finding that the meeting rebuttable award recognized invalid by a court, invalid from the date of entry into force of the court decision 4) Set the text of Chapter 9.1 of the Civil Code the consequences of invalidation of decisions of general meetings