SUBSTITUTION OF AFFINITY FOR CONTROL IN INTERESTED PARTY TRANSACTIONS

Valevskaya Angelina

The purpose of the study is to conduct a scientific analysis of the social and legal conditionality of the adoption of Federal Law No. 343-FZ, through which the legislator introduced changes to the Federal Laws "On Joint Stock Companies" and "On Limited Liability Companies", mediating the replacement of the sign of affiliation of interested party transactions with the sign of controllability , as well as the positions of representatives of the scientific community regarding these changes. The methodology, which includes the methodological principle and approach, the paradigm, is a combination of the general scientific dialectical method with particular scientific methods of scientific knowledge. The theoretical, methodological and practical significance of the article is the author's approach to the analysis of circumstances that contribute to the replacement of the legal sign of affiliation in related party transactions with the sign of controllability. Results: the article considers the legal, organizational foundations of the features of transactions with interest in the context of replacing affiliation with controllability. Justified: in the Federal Law No. 343-FZ, the most secure conditions for making interested-party transactions are formed, ensuring the property interests of all subjects of corporate legal relations. Conclusions: despite the attention of the legislator to the regulation of these issues, it is necessary to further improve the legal mechanisms for transactions, including by bringing the Federal Laws “On Joint Stock Companies” and “On Limited Liability Companies” into compliance (in terms of recovering damages from a person with interest, regardless of the recognition of the transaction as invalid).

Keywords:joint-stock company; limited liability company; civil law transaction; interested party transaction; affiliation, controllability; interested person; controlled person