Protection and protection of rights to uncertified shares in the Russian Federation

The proper protection and protection of the entire complex of rights to uncertified actions is impossible without a deep analysis of the legal nature of the latter. Structuring the existing methods of protection and protecting rights to non -documentary shares and the choice for the application of the most effective of them cannot do without analysis of the legal grounds of the transition of uncertified shares to the new owners, as well as the transfer of certain rights provided to non -documentary shares.
The reform of civil law on securities carried out in 2013, aimed, among other things, to clarify the legal nature of uncertified shares, gave rise to a number of discussion issues, including the ambiguity of the legal category "non -documentary action".
In the current legislation, there is no clear legal position on the legal nature of uncertified shares. This is precisely what generates the difficulties in law enforcement in cases where it comes to the protection and protection of rights to uncertified shares, since the full exercise of rights is impossible without a sufficient level of security and the presence of effective protection mechanisms in case of violation.
At the present stage, an updated approach to the problems of protection and protection of rights to non -documentary shares is needed, taking into account the following factors: the allocation of the corporate law, the structure of corporate rights provided to non -documentary shares of the person authorized to exercise the rights of rights, taking into account the special accent "Management" aspect of the legal nature of the latter, ensuring the security and granting of effective mechanisms for the protection of managerial rights provided to uncertified shares to its owner. In addition, it is necessary to take into account the current level and prospects for the development of information technology and digital economy.
An important feature of modern legal reality is the global tendency to introduce new technologies into the sphere of law enforcement in relation to an uncertified action. First of all, this is a trend in the transition to electronic document management, which significantly facilitated the procedures for consolidating and exercising rights to non-documentary shares, as well as the vector supported by the Central Bank of the Russian Federation for fixing and storing accounts, including in register of shareholders using the technology of distribution Register.
The legislation is given as of February 14, 2019.
Given the designated trends, the need for a comprehensive study is obvious, which, on the one hand, would become an element of scientific development of the designated topic, and on the other hand, it would reveal existing gaps and ambiguous formulations of the current legislation and propose methods of correcting the revealed shortcomings. The work offered to your attention is an attempt to such a study