The subject of the study is the transformation of legal doctrine and the system of legal regulation of entrepreneurial activity under the influence of the integration of ESG principles (Environmental, Social, Governance). The work analyzes the transition from a model of optional corporate social responsibility to an institutionalized ESG model as a new paradigm for understanding the social function of business. The research covers a wide range of sources: Russian regulatory acts (Tax Code of the Russian Federation, Government Resolution No. 1587, acts of the Bank of Russia, Financial Market Development Strategy), European Union legislation (CSRD and CSDDD directives), as well as the emerging judicial practice on environmental disputes, cases of subsidiary liability, and bankruptcy. Particular attention is given to the comparison of formal mechanisms of economic stimulation ("green" bonds, tax incentives) and the emerging trends toward recognizing ESG factors as an element of public order and a criterion for the good faith of participants in civil turnover. The methodological basis of the research is based on formal legal and comparative legal methods, which allowed for the analysis of the transformation of legal norms and institutions in comparison with foreign legal systems. The scientific novelty lies in the justification of the change in the doctrinal paradigm of legal regulation: it is substantiated that the transition from the model of "economic stimulation as external influence" to the model of "a new understanding of the social function of business as an internal property of entrepreneurial activity" is necessary. The research reveals the significance of ESG principles as an element of public order, which allows for the qualification of accounting for ESG factors not as a right but as an obligation of entrepreneurs, arising from the constitutional principles of a social state and environmental protection. The conclusions of the study indicate that the further development of legislation in the ESG sphere requires the resolution of three doctrinal tasks: defining the complex sectoral nature of ESG norms; developing substantive (rather than formal) criteria for assessing companies' compliance with ESG standards; and constructing a balanced mechanism that combines imperative requirements with economic stimulation. The doctrinal understanding of these processes is a necessary condition for forming a coherent legal regime that ensures the harmonization of public and private interests.
Шварц Лариса Владимировна (Fri,) studied this question.