Features of Protection of the Rights of Participants of the Reorganized Legal Entity
The article analyzes the mechanisms of protection of the rights of participants of the reorganized legal entity in accordance with the latest legislation. The author has made a comparative analysis of domestic and foreign laws aimed at right protecting of this category of subjects, and have come to two main conclusions. In particular, the author proposed to maintain the approach of the domestic legislator that a decision on the recognition of the reorganization failure should be a measure of last resort. However, in order to avoid extended judicial discretion in addressing such an important issue it is advisable to establish a closed list of "failed" reorganization grounds. In addition, analyzing the European practice of corporate law, the author comes to conclusion about whether substantial changes to article 60.1 of the Civil Code, which regulates the effects of the recognition of the decision on reorganization as invalid.