Organisation of corporate rights protection in the world and in Ukraine

Abstract

The transition to a market economy caused the emergence of a considerable number of corporate enterprises, which in the absence of a remedy for their rights and interests led to their massive violation and to the need to develop an effective system for their protection.

This issue remains relevant at the present time, since an effective means of protecting corporate rights has not yet been developed and a rather insignificant period of their development has not made it possible to generalize the achievements and eliminate the problems of law enforcement and judicial practice. The main goal of the scientific work was to carry out a legal characterization of the system of protection of corporate rights and to conduct a comparative analysis of Ukrainian and foreign experience in this field. The leading approach in this study was comparative analysis.

The work expressed the content of the category of corporate rights and the essence of corporate legal relations as an object of research. It has been established that law enforcement practice has developed a thesis on ensuring the corporate legal capabilities of a person in the context of the general provisions of civil legislation. In this regard, the study presented comparative data regarding their list of such provisions in different countries. Based on the results of a literal interpretation, it was determined that the legally established list of remedies is not exhaustive. It has been proven that the current system of legal norms, which regulates corporate law and protects the rights of its subjects, is largely focused on ensuring the quality of shareholders' rights in the EU countries. This was illustrated by comparing the two main approaches to classifying remedies for corporate rights.

The classification of means of protection of rights violated under corporate contracts is presented, with the selection of three groups of means of protection, and the existing means of protection are supplemented with those that can be implemented taking into account the research data. The study analysed the judicial practice in different countries concerning dispute resolution in corporate relations.