Влияние санкций на осуществление корпоративных прав участников (акционеров) хозяйственных обществ

Вестник Санкт-Петербургского университета. Серия 14. Право. 2026. Т. 17. № 2. С. 567–584.

Бутакова Я. С., Fonotova O.

Foreign economic sanctions and Russian restrictive countermeasures (countersanctions) have had a material impact on the exercise of corporate rights, on corporate governance and corporate relations in Russian corporations with foreign participation and foreign beneficiaries, as well as on Russian participants of foreign corporations. The article compares the legal consequences of foreign economic sanctions and domestic countersanctions, namely, analyses their impact on the exercise by participants (shareholders) of their basic corporate rights. The comparative legal study of European and American sanctions regulation, as well as the reciprocal Russian countersanctions has shown that neither Western nor Russian regulations directly impose restrictions on corporate rights, and they are not intended to have a direct impact on the rights of foreign participants (shareholders) of corporations. Foreign sanctions regulations restrict the corporate rights of corporate participants indirectly, using deterrent measures as a means to achieve the overall goals of sanctions. Foreign sanctions are primarily targeted and linked to the sanctions status of blocked individuals. Russian counter-sanctions legislation implements a protective function, but domestic countermeasures are predominantly pervasive: in particular, they affect the rights of all participants from unfriendly states. Of particular importance is the task of forming an optimal balance in the domestic legislation, which, on the one hand, ensures the proper protection of corporate rights of participants (shareholders) in general, and, on the other hand, is aimed at protecting Russian sovereignty and the rights of Russian persons. The authors make relevant proposals to improve domestic legislation.

Keywords: международные санкции, international sanctions, корпоративные права, односторонние ограничительные меры, corporate rights, unilateral limitations