Personal funds: problems of the civil law situation and proposals for the modernization of existing legislative norms

in the article, in order to identify the problems of the civil-legal status of personal funds and develop proposals for the modernization of legislative norms of civil law, the legal structures and mechanisms of functioning of these funds are studied. Improving the legal mechanism of action of personal funds is important for the formation of law enforcement practice. Despite the fact that in theory proposals have been developed to reduce the problems of the legal status of funds as non-profit unitary organizations (§ 7 of the Civil Code of the Russian Federation), the conceptual question of the conformity of the form and content of a personal fund remains open. On the one hand, the introduction of personal funds into the legal field of Russia has led to an expansion of the dispositivity of civil law, on the other hand, it has created new problems. To eliminate the identified shortcomings, additions to the regulatory legal acts on personal funds are proposed. It is proposed to narrow the optional norm for managing a personal fund by supplementing the current legislation with norms on the mandatory creation of a board of trustees, a supervisory body, a collegial executive body headed by an executive director who acts under a power of attorney from the sole executive body for the said funds (clause 3 of Article 123.20-7 of the Civil Code of the Russian Federation). Identification of problems in the civil-legal status of personal funds made it possible to formulate proposals for modernizing legislative norms. The proposed changes to the legislation, its development, in the opinion of the author of the article, will open up new opportunities in the activities of personal funds and business protection.

civil law, personal fund, civil law status, features, functioning mechanism, analysis