Legal nature of the temporary administration as a body of the corporation in the event of participation of the Bank of Russia or the Deposit Insurance Agency in the implementation of measures to prevent bankruptcy of credit institutions

Objective: on the basis of scientific and comparative analysis of legislation and legal doctrine, to identify the legal nature of the provisional administration as a body of a corporation. The author's conclusions are based on the works of such scholars as D. V.Lomakin, E. A. Sukhanov, T. P. Shishmareva, E. S. Pirogova, A. Ya. Kurbatov. Findings: it was formulated that the temporary administration of a credit institution in the event of the participation of the Bank of Russia or the Deposit Insurance Agency in the implementation of measures to prevent the bankruptcy of credit institutions should not be attributed to the body of a corporation due to several reasons. First, it is appointed in a special; procedure not related to the corporate norms of the company. Second, it exercises control over the company's activities on behalf of either the Bank of Russia or the Deposit Insurance Agency. Third, temporary administration acts in the public interest, and not in the corporate interest. Practical value: the study can be used for the subsequent research of pre-trial procedures for the bank rehabilitation, in particular it can be used in the study of the problems of protecting the rights of shareholders and members of a credit institution during the temporary administration. Originality / value: the article for the first time attempted to determine the legal nature of the temporary administration for managing a credit institution as a body of a corporation.

временная администрация, меры по предупреждению банкротства кредитных организаций, Банк России, Агентство по страхованию вкладов, орган корпорации