Scientific Journal of KubSAU

The article is focused on the question of reforming Russian public and private companies’ law and the various problems that accompany the reform of civil law. So it is noted that the Civil Code still maintain the existing division of legal persons for commercial and non-commercial, but offered no new legal entities. This is largely due to the fact that the legislator seeks only to remove the gaps. The author notes the lack of commitment of the legislator to offer promising models of commercial legal entities. However, the author notes that the elimination of errors only available legislation is not enough. For completeness of legal regulation it requires a new approach to the reform of civil law. We require the same approach for entrepreneurs as well. These subjects of civil and business relations need new models of business. Creating new models should be a subject to certain logic of their construction. The entire list of models of commercial legal entities must be built on the principle of scale. That is, each model of commercial entity must be subordinated to this principle on the basis of their economic importance

The article is focused on questions of the legal status of new organizational forms - investment partnership and economic partnership. In this regard, the author examines the issues related to the influence of the doctrine of economic analysis of law on the Russian corporate law. The author notes that the creation of new types of entities should be based on the Civil Code of the Russian Federation. Creation of certain types of legal entities by the adoption of special laws is invalid. In the United States, the prevailing doctrine is the economic analysis of law. Therefore, the creation of new types of legal entities is quite simplified and is subject to the said doctrine. In Russia, the main business and civil relations is the Civil Code of the Russian Federation. Therefore, the creation of new types of legal entities must comply with its provisions. The author notes that creation of an investment partnership, as well as economic partnership, are new to the Russian law enforcement. Analysis of their legal status allows us to say that their design is unknown to the provisions of the Russian corporate law. The author notes that the legal status of these types of legal entities can not be called successful. Therefore, the author suggests subordinating any relationship involving commercial entities to the Civil Code

The article pays particular attention to the classification of members of PPP and their legal status. Proceeding from the classification, determined by the authors, the peculiarities of each type of members' legal status are pointed out. The authors have marked and analyzed the possibility of this or that legal subject to participate in public-private partnership. For each of the types of entities of public-private partnership the authors have given the characteristic of legal status. Features of the legal status have also been the subject of the analysis made by the authors. Certain aspects of the legal status of individuals involved in such a relationship were also considered. Considerable interest has caused the authors ratio of private and public interests of the participants of such relations. The authors have given a detailed analysis of particular interest in the implementation of business by the subjects of the partnership. The authors note that entrepreneurial activity, which combines private and public interests, is not only beneficial to each participant. In such cases, the subjects of entrepreneurial activity are social. The authors note that the State seeks to provide a normative framework for the subjects was profitable to engage in entrepreneurial relationship with the state or state agencies