Proper protection and protection of the entire set of rights to undocumented actions is impossible without a deep analysis of the legal nature of the latter. Structuring existing ways of protecting and protecting rights to undocumented actions and choosing to apply the most effective of them cannot do without analyzing the legal basis provided by the current legislation for the transition of undocumented shares to new owners, as well as the transition of individual rights granted to undocumented shares.
A 2013 reform of civil securities legislation directed, inter alia, to clarify the legal nature of non-documentary actions, have raised a number of discussion questions, among which the ambiguity of the legal category "undocumentary action".
There is no clear legal position in the current legislation on the legal nature of undocumented shares. This creates difficulties in law enforcement issues in cases where when it comes to protecting and protecting rights to undocumented actions, since full enjoyment of rights is impossible without sufficient security and effective protection mechanisms in case of violation.
At the present stage, an updated approach to the protection and protection of rights to undocumented actions is needed, taking into account the following factors: allocation of the corporate law industry; structuring of corporate rights granted undocumented shares to the person, the Commissioner for the realization of rights on them, taking into account the special emphasis on the "managerial" aspect of the legal nature of the latter, Ensuring the protection and provision of effective mechanisms for the protection of management rights provided by undocumented shares to its owner. In addition, the current level and prospects of information technology and digital economy should be taken into account.
An important feature of modern legal reality is the global trend towards the introduction of new technologies in the sphere of law enforcement in respect of undocumented action. First of all, it is the trend of transition to electronic documentation, which has greatly facilitated procedures for securing and exercising rights on undocumented shares, and also supported by the central bank of the Russian Federation vector for fixing and storing accounts, in the registers shareholders technology distributed registry.
The legislation is as at 14 February 2019.
Given the indicated trends, there is a clear need for a comprehensive study that, on the one hand, would be an element of scientific development of the identified topic, on the other hand, it would identify existing gaps and mixed language in existing legislation and suggest ways to correct identified shortcomings. The work before you is an attempt to do so.