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Pavlyuk, A.V. Problems of administrative legal regulation in the activities of joint stock companies in the foreign states.

Published in journal "Administrative and municipal law", 2014-5 in rubric "Legal entities of administrative and financial law", pages 478-489.

Resume: The improvement of the administrative legislation regulating the activities of the joint stocks companies should be implemented based upon the norms in effect in the European Union, and the Russia joining the WTO and the EEU requires development and support of the administrative status of joint stock companies. It should also be stressed, that currently there is a need for a clearer definition of the category of the collective subject of administrative law, as well as for the development of the system of efficient administrative legal means for influencing the activities of joint stock companies directly. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). For the purpose of improving the administrative legal status of the joint stock company the author substantiates the need to legislatively provide for the qualification requirements to the members of the Board of Directors of the Joint Stock Company. According to the Federal Law On Joint Stock Companies the requirements to the members of the Board of Directors should include higher education, no record of criminal conviction, no record for the punishment by the competent body or a court administrative offences in the sphere of trade, finances, corporate administration and securities market for the period of two years prior to the day of general meeting of shareholders for the elections for the Board of Directors, professional experience of no less than 2 years in managing a department or other division of an organization, and the absence of conflict of interests in the activities of this person.

Keywords: The improvement of the administrative legislation regulating the activities of the joint stocks companies should be implemented based upon the norms in effect in the European Union, and the Russia joining the WTO and the EEU requires development and support of the administrative status of joint stock companies. It should also be stressed, that currently there is a need for a clearer definition of the category of the collective subject of administrative law, as well as for the development of the system of efficient administrative legal means for influencing the activities of joint stock companies directly. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). For the purpose of improving the administrative legal status of the joint stock company the author substantiates the need to legislatively provide for the qualification requirements to the members of the Board of Directors of the Joint Stock Company. According to the Federal Law On Joint Stock Companies the requirements to the members of the Board of Directors should include higher education, no record of criminal conviction, no record for the punishment by the competent body or a court administrative offences in the sphere of trade, finances, corporate administration and securities market for the period of two years prior to the day of general meeting of shareholders for the elections for the Board of Directors, professional experience of no less than 2 years in managing a department or other division of an organization, and the absence of conflict of interests in the activities of this person.

DOI: 10.7256/1999-2807.2014.5.12007

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