THE RIGHT TO REMEDY CORPORATE RELATIONS: A QUESTION OF THEORETICAL CERTAINTY

Abstract

Sometimes the interests of participants in corporate relations begin to contradict eachother, corporate conflicts and corporate legal disputes arise, and often participants in theconflict abuse their rights, paralysing the company’s activities. In this case, it is neces-sary to find an appropriate solution for modifying the Ukrainian corporate law systemand legislatively ensure effective remedies for the rights of participants in business com-panies. The following methods were used during the study: general scientific methods(concrete historical, Aristotelian, structural-functional, system-structural, etc.), specialmethods (comparative legal, modelling, system interpretation, legal technical), dialecticalmethod of cognition, involvement of scientific tools of related humanities disciplines,a conceptual approach. The main steps to solve the problems of protecting the rightsof participants and ensuring equal treatment were as follows: improving the legislationgoverning the activities of business companies; combining rules that ensure the rights ofparticipants and guarantee their remedying under charters and internal documents. Thejudicial remedying of the company members’ rights on the territory of Ukraine remainsineffective, which, in turn, is attributed by researchers to the discretion of the judiciaryand the inability of courts to interfere in certain issues within the framework of corporateconflicts. At the same time, in this context, it is advisable to adapt the positive practiceslegalised in Germany, which would allow modifying existing approaches to organisingcorporate relations and remedying the rights of participants. Moreover, the convergenceof legal systems and legal regulation of corporate relations is one of the most noticeabletrends in the development of corporate legislation around the world