The senior lawyer Gennady Skutsky gave a report concerning the governmental corporations on the science and practice conference “The problems of legislation perfection regarding the legal form of commercial organizations”

20 April 2009

Conference took place 17 April, 2009 at the Law School of the St. Petersburg State University.

The primary target of the conference arranged by the Commercial Law Department of the St. Petersburg State University was to discuss the scientific and practical issues concerning the legal form of commercial organizations, the issues of optimization of the organizational forms of the business activity as well as consideration of the suggestions to perfect the legislation on commercial organizations.

The report of the senior lawyer of the law firm S&K Vertical Gennady Skutsky, devoted to the problems of legal position of the governmental corporations aroused a lively discussion.

G. Skutsky called in question the very existence of the governmental corporations as a separate legal form of organizations, and posed attention to the groundlessness of considering the governmental corporations among the non-profit organizations. The inadmissibility of endowing the governmental corporations being in their essence the nongovernmental institutions with the governmental functions (Rosatom) was also paid attention. The release of the governmental corporation from the traditional forms of the State control, from licensing, turning them out of the incidence of the insolvency legislation and others were characterized as the violation of the constitutional principle of everyone’s equality before the law as well as the ungrounded construction of competition barriers of one subjects of economic activity before the others.

G. Skutsky supported the position of the authors of the legislation concept on legal entities’ development, offering to abolish the governmental corporation as a legal form of the organizations and to conduct the reorganization of the existing governmental corporations into the traditional legal forms of organizations.

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