The Institute of Corporate Traditions in the Management of a Russian Company

Abstract

The article is devoted to the study of the institution of “corporate traditions” – a set of rules that is increasingly actively used by arbitration courts, which are not explicitly provided for by Russian legislation, but appeal to the actually formed algorithms for making decisions on the management of a company. The author attempted to find answers to the following questions. In which segments of company management is the role of corporate traditions most significant, which can be relied upon when building a strategy and tactics for confronting an opponent during a conflict? What are the social and regulatory features of this phenomenon? What place does it occupy in the system of domestic corporate governance institutions? Can it be applied by investors and members of management bodies “out of court”? The article examines corporate traditions of management of Russian companies, evaluates the use of corporate traditions in an out‑of‑court context, and considers the social and regulatory features of corporate traditions. The key segments in which corporate traditions play an important role are identified: distribution relations, key transactions, decision‑ making procedures, corporate behavior of participants in management relations. The study also emphasizes the role of estoppel in corporate governance.