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Article

Перспективы применения доктрины "снятия корпоративной вуали" в российском правопорядке

Право и экономика. 2015. № 3. С. 36-43.

This paper examines the doctrine of “lifting the corporate veil” and considers perspectives of its development in the light of the last legislative amendments and changes in the Russian judicial system. In the author’s opinion, after the Higher Arbitration Court has been liquidated and, consequently, rulings of its Presidium lost their binding effect, there are no normative grounds in the actual Russian legal order to justify application of this doctrine. This thesis is also confirmed by the fact that the legislative branch abandoned the idea to implement this doctrine in the civil legislation. The author asserts that attempts to justify applicability of the doctrine of “lifting the corporate veil” in Russian legal order are groundless both in practical and theoretical sense. The analysis of case law shows that this doctrine is usually mentioned in court decisions outside of the authentic context in which it works in Western legal orders. Study of this doctrine is relevant only within the framework of comparative legal studies.