Ohrana i zashita prav na bezdokumentarnie akcii v Rossiyskoy Federacii

Proper protection and protection of the entire range of rights to undocumented actions is impossible without a thorough analysis of the legal nature of the latter. Structuring the existing methods of protection and protection of rights to undocumented shares and choosing the most effective of them for use cannot do without analyzing the legal grounds provided for by current legislation for the transfer of undocumented shares to new owners, as well as the transfer of individual rights granted by undocumented shares. The reform of the civil securities legislation carried out in 2013, aimed, among other things, at clarifying the legal nature of undocumented shares, gave rise to a number of controversial issues, including the ambiguity of the legal category of "undocumented shares". There is no clear legal position on the legal nature of undocumented shares in the current legislation. This is what creates difficulties in law enforcement issues in cases when it comes to the protection and protection of rights to undocumented actions, since the full exercise of rights is impossible without a sufficient level of their protection and the availability of effective protection mechanisms in case of violation. At the present stage, an updated approach is needed to the problems of protection and protection of rights to undocumented shares, taking into account the following factors: allocation of the branch of corporate law; structuring of corporate rights granted by undocumented shares to a person authorized to exercise rights under them, taking into account a special emphasis on the "managerial" aspect of the legal nature of the latter, ensuring security and providing effective mechanisms for protecting managerial rights granted by undocumented shares to their owner. In addition, it is necessary to take into account the current level and prospects for the development of information technologies and the digital economy. An important feature of modern legal reality is the worldwide trend of introducing new technologies in the field of law enforcement in relation to undocumented actions. First of all, this is the trend of switching to electronic document management, which has greatly facilitated the procedures for securing and exercising rights on undocumented shares, as well as the vector supported by the Central Bank of the Russian Federation for fixing and storing accounts, including in shareholder registers using distributed registry technology. The legislation is given as of February 14, 2019. Taking into account the indicated trends, the need for a comprehensive study is obvious, which, on the one hand, would become an element of the scientific development of the designated topic, and on the other hand, would identify existing gaps and ambiguous formulations of the current legislation and suggest ways to correct the identified shortcomings. The work offered to your attention is an attempt of such research.