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Trust Management as a Legal Form of Managing State Property in Russia

Trust Management as a Legal Form of Managing State Property in Russia DOI: 10.1163/157303510X12650378239991 © Koninklijke Brill NV, Leiden, 2010 Review of Central and East European Law 35 (2010) 59-76 Trust Management as a Legal Form of Managing State Property in Russia * Zlata E. Benevolenskaya Abstract In Russia, trust management ( doveritel ’noe upravlenie ) is a civil-law institution regulated by the 1994 Russian Civil Code (Chap.53). There has been no small amount of criticism by Russian scholars of the trust doctrine. In part, this is a function of the fact that trust management of property in Russia has common- law roots, based on the fundamental principles of trust. Furthermore, trust management differs from the (Soviet) concepts of ‘economic ownership’ ( kho- ziaistvennoe vedenie ) and ‘administrative (operative) management’ ( operativnoe upravlenie ), on the one hand, and from the classic common-law form of trust, on the other. The transplant of foreign experience into Russia has had an influence on the restructuring of the Russian economy as a result of the intent of Russian legislators to introduce legal institutions that work in other legal systems embedded in market economies. In political terms, this has led to a legal model of trust management of property in Russian legislation that is http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Central and East European Law Brill

Trust Management as a Legal Form of Managing State Property in Russia

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Publisher
Brill
Copyright
© 2010 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0925-9880
eISSN
1573-0352
DOI
10.1163/157303510X12650378239991
Publisher site
See Article on Publisher Site

Abstract

DOI: 10.1163/157303510X12650378239991 © Koninklijke Brill NV, Leiden, 2010 Review of Central and East European Law 35 (2010) 59-76 Trust Management as a Legal Form of Managing State Property in Russia * Zlata E. Benevolenskaya Abstract In Russia, trust management ( doveritel ’noe upravlenie ) is a civil-law institution regulated by the 1994 Russian Civil Code (Chap.53). There has been no small amount of criticism by Russian scholars of the trust doctrine. In part, this is a function of the fact that trust management of property in Russia has common- law roots, based on the fundamental principles of trust. Furthermore, trust management differs from the (Soviet) concepts of ‘economic ownership’ ( kho- ziaistvennoe vedenie ) and ‘administrative (operative) management’ ( operativnoe upravlenie ), on the one hand, and from the classic common-law form of trust, on the other. The transplant of foreign experience into Russia has had an influence on the restructuring of the Russian economy as a result of the intent of Russian legislators to introduce legal institutions that work in other legal systems embedded in market economies. In political terms, this has led to a legal model of trust management of property in Russian legislation that is

Journal

Review of Central and East European LawBrill

Published: Jan 1, 2010

Keywords: COMMON-LAW TRUST; TRUST MANAGEMENT; OPERATIVE MANAGEMENT; COMMON LAW; PRIVATIZATION; EQUITY; CORRUPTION; ECONOMIC OWNERSHIP; STATE ENTERPRISES

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