RECOGNITION OF A RIGHT AS A WAY TO PROTECT CORPORATE RIGHTS

The article asserts that the claim for recognition of a right can be used to protect corporate rights. Recognition of a right as a way to protect the rights of participants of legal entities should be defined as a claim for recognition of a corporate legal relationship. Arguments are provided to prove that both basic and dependent (derivative) legal relations can be confirmed within the framework of the claim for recognition of corporate rights. It is concluded that the protection of corporate and obligation rights are very similar in terms of their legal nature and the protection mechanism. The claim for recognition of a right can turn out to be an effective way to protect the rights from derivative legal relations in the case when a legal interest of the claimant is to eliminate legal uncertainty related to the existence of the legal relationship. A specific instance of using recognition of a right as a civil remedy is the submission of a claim for the shareholder reinstatement. Special attention is paid to a legal structure of the claim for recognition of corporate rights. The author considers a number of complex issues of civil law: an object and conditions of submitting the claim for recognition of a right, subjects of this claim. It is concluded that it is necessary to distinguish the claim for recognition of corporate rights and the legal structures similar to it (the claim for invalidation of the transaction and the restitution). The main differences between the indicated remedies are formulated.