Corporate Relations in Non-Profit Organizations of Russia and Kazakhstan: Current State and Development Prospects

Despite certain differences in the legal systems of Russia and Kazakhstan, there are common problematic issues in the field of legal regulation of the status of non‑profit organizations in these countries. Given the proximity of legal systems, common history, and model civil legislation of the CIS countries, it is advisable to find similar solutions to many legal problems. The purpose of the article is to analyze and evaluate the current state of legal regulation of non‑profit organizations in Russia and Kazakhstan, and to develop proposals on ways to improve the relevant legislation. Research methods: general scientific methods (analysis and synthesis, induction and deduction, system analysis) and methods of legal science (including methods of comparative jurisprudence, systematic and teleological interpretation of legal norms). It is concluded that the subject of corporate law should include not only commercial corporations (joint‑stock companies and limited liability companies (partnerships) and others), but also non‑profit legal entities and, to a certain extent, unitary legal entities of both types. This approach is based on the unified legal nature of the relations existing in corporate organizations and relations in non‑corporate legal entities. It is proposed to improve the legislation on non‑profit organizations in the following main areas: (1) improving the legal distinction between commercial and non‑commercial legal entities; (2) development of a general part of corporate law for corporations (associations, membership organizations) and unitary (non‑membership) legal entities; and (3) extending the rules on commercial organizations to non‑profit organizations to the extent that this is compatible with the nature of non‑profit organizations. The proposed amendments and additions will allow non‑profit organizations to become full participants in civil transactions and corporate relations, and to obtain the full range of legal instruments originally developed for use by commercial corporations.