Principles of legal regulation of relations in the field of termination of membership in the cooperative

• Пурге Анна Роландовна

  Anna R. Purge. Vladivostok State University of Economics and Service. Vladivostok. Russia

• Sofia I. Pakhomova

  Sofia I. Pakhomova. Vladivostok State University of Economics and Service. Vladivostok. Russia

It is difficult to overestimate the importance of the cooperative form of management: even 100 years ago, during the short period of the new economic policy, the cooperative form of joint activity was considered as the main locomotive of economic progress. Modern economic relations and, first of all, Western sanctions, once again force us to pay special attention to this particular form of economic activity, which, unlike many one–day economic societies, by the nature of its organization assumes not only a one–time profit, but also the development of cooperation, deepening cooperation between its participants. Thus, the development of cooperation in agriculture in Russia, which is becoming one of the main national export industries, arouses special interest in this form, makes its legal research relevant in the modern legal order. The subject of the study was civil law relations related to the termination of membership of citizens and organizations in Russian cooperatives. The purpose of the study is to analyze the relations arising from the termination of membership in a cooperative (both consumer and production), to determine the general principles of their legal regulation. The methodology of the study consisted mainly of general scientific (philosophy, logic, sociology) and special legal methods (comparative method, system-structural method, doctrinal method, methods of interpretation of legal norms). The results of the study can be used both in eliminating legislative gaps in law-making activities and in the educational process. The novelty consists in a thorough analysis of the concept of termination of membership in a cooperative, the proposed civil classification of the grounds for termination of membership in a cooperative. As conclusions, the following proposals were made to improve the legislation on cooperatives: firstly, to provide a mechanism to overcome the refusal of the general meeting to membership in the cooperative of the new acquirer of the share, secondly, to eliminate the identified conflict between the Civil Code of the Russian Federation and the legislation on co-
operatives, thirdly, to eliminate the identified gap in the legislation on housing cooperatives, fourth, to form a mechanism for maintaining transparency of the property viability of cooperatives.
Keywords: cooperative, production cooperative, consumer cooperative, corporate legal entity, legal status of a cooperative member, cooperative charter, cooperative share, termination of membership in the cooperative at the will of the shareholder, termination of membership in the cooperative against the will of the shareholder, inheritance of the cooperative share, guilty grounds for termination of membership in the cooperative.