Содержание, понятие и процессуальные аспекты института реорганизации как правовой категории

Аннотация

Ключевые слова: В данной статье анализируются способы реорганизации реорганизация, и совершенствования законодательства, регулирующего институт реорганизации, отношения с их применением, также проанализированы юридические лица, существенные проблемы применения и реализации понятие реорганизации, ликвидация юридических принципов, способов и форм реорганизации. лиц. Проанализировано то, что судебная (принудительная) ликвидация юридических лиц осуществляется по основаниям, прямо предусмотренным законом, что особенность принудительной ликвидации юридических лиц, которая является не волеизъявлением юридического лица, а в соответствии с законодательством. Также учитывается соответствие деятельности юридического лица принципам честности, разумности и справедливости. The transition to a market economy and the adoption of new laws in this regard have significantly expanded the scope of the rights of legal entities. The wide range of opportunities provided to legal entities (participation in domestic and foreign trade of the country) has been developed and strengthened in accordance with the transition period. These measures have created real opportunities for legal entities of the Republic of Uzbekistan to engage in foreign economic activity. At the same time, foreign entities, especially foreign investors, have the opportunity to mutually beneficial cooperation with domestic businesses. Indeed, the liberalization of economic activity and its legal provision is of particular national importance today. At the same time, in the current situation, it is necessary to improve the position of legal entities in foreign economic relations (law in the regulation of this or that area), the legal framework for their participation. The creation of a new legislative system in the country has led to a radically new look at the institution of reorganization of corporate law and their abolition, one of the most important institutions for civil law. Citizens, legal entities and the state, which are the subjects of civil law, have their own characteristics as subjects of law. Such specificity was manifested, firstly, in the differences in the civil rights and legal capacity of citizens, the state and legal entities, and secondly, in the status of recognition of individuals as legal entities and their abolition as subjects. It should be noted that while citizens and the state are created directly and indirectly as subjects of civil law, legal entities are created as subjects of law on the basis of the will of these two subjects. This is because legal entities are participants in various legal relations in different areas of law, established in the prescribed manner, operating on the basis of the charter or charter, having their own account, formalized in accordance with the established requirements [1]. While the termination of legal entities is voluntary and compulsory, voluntary termination is carried out without trial. In this case, the liquidation case is not considered in court, but the legal entity that made the decision to liquidate the legal entity is carried out in agreement with the state authorities and in compliance with certain formalities at the request of the founders or the body of the legal entity. 249 Жамият ва инновациялар – Общество и инновации – Society and innovations Special Issue – 07 (2022) / ISSN 2181-1415 Civil law refers to the legislation governing the activities of each legal entity, although the procedure for voluntary liquidation of legal entities refers to cases of extrajudicial (voluntary) liquidation. In the event of a voluntary liquidation of a legal entity, the liquidation process begins, as a rule, with a decision by the owners, founders and the body of the legal entity to reorganize or liquidate. For example, the process of liquidation of a joint-stock company begins with the adoption of an appropriate decision at the general meeting of the company, since the reorganization should not have adverse consequences for creditors. The procedure for making a decision on reorganization differs depending on the type of legal entity. However, the decision to reorganize is taken by different persons depending on the form of reorganization. While the general meeting is the body authorized to reorganize according to the articles of association of the company, the founders of the companies become members of the company after its creation and have more votes at the general meeting. In this case, the decision of the general meeting is, in other words, the will of the founders [2]. According to J. Yuldashev, among the subjects of civil law there is a notion of emergence only in legal entities, because such a notion does not apply to citizens and the state, who are the subjects of civil law. Citizens and the state exist spontaneously as subjects. Although the state of subjectivity in citizens arises after they are born, the term “basis of formation” of citizens has no logical basis [3]. This idea can be directly a