Issues of Procedural Succession in Corporate Disputes Regarding the Recovery of Losses Caused to a Legal Entity

The research examines the issue of procedural succession in corporate disputes. The relevance of the considered issue is related to the identification of the duality of interpretation of the content of corporate rights in judicial practice. The current legislation considers the complex of corporate rights without highlighting personal non-property rights that are not subject to transfer as a result of universal succession (by inheritance) but notes that such rights are closely related to the status of a participant and cannot belong to other persons. The authors consider theoretical and practical issues of the admissibility of procedural succession in corporate disputes regarding the recovery of losses caused to a legal entity and challenging transactions in a situation where the death of the plaintiff occurred after going to court, and the heir was denied membership in the corporation or did not want to join entity. To substantiate the conclusions, the authors analyzed the rights inherited by participants in corporate commercial organizations and considered the specifics of the indirect claim provided for in Article 65.2 of the Civil Code of the Russian Federation. Using the comparative legal method, the authors conclude that procedural succession is admissible in the considered circumstances and propose the need to consolidate these provisions in legislation.