Protection of Rights of Economic Societies’ Participants in Case of Loss of Corporate Control

The graduating qualification work is devoted to consideration of ways of judicial protection of the rights of economic societies` participants, in case of loss of corporate control. The paper deals with the essence of the concept of "corporate control" and the author concludes that there is no unified approach to its definition. At the same time, in the course of the research, the author compares the specifics of the manifestation of corporate control in JSCs and LLCs and outlined the reasons and grounds for the loss of control arising from not only legitimate but also unlawful actions of unscrupulous participants in corporate relations. In addition, the author explores the legal nature of the ways of judicial protection fixed in the Civil Code of the Russian Federation. Particular attention is paid to such methods of protection as recognition of the right, restitution, compensation for damages and a claim for the return of uncertificated securities. Based on the analysis of judicial practice, the author determines the conditions for applying each of the protection methods, and concludes that they can not be used in certain situations. Also in research attention is paid to the advantages and disadvantages of the concept of "restoration of corporate control", which was introduced into legal circulation by the Supreme Arbitration Court of the Russian Federation in 2008. Based on the analysis of the consideration of materials of judicial practice, the author comes to the conclusion that the special form of protection such as a claim for the restoration of corporate control is insufficiently formed.