Lyvynets' V. Legal Regulation of Joint-Stock Companies Activities

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0400U002163

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

08-06-2000

Specialized Academic Board

Д 11.170.01

Essay

Object of research: the legal norms, which regulate the responsibility of the founders, property interests and protection of the property rights of the shareholders, and also other legal norms of Ukraine and separate countries. The purpose of research: elaboration of the organizational and legal mechanism of management of activity of joint-stock companies in conditions of the transitional period with accent on strengthening of legal protection of interests of the shareholders and investors. Methods of research and equipment: a dialectic method of knowledge of the validity, comparative and legal analysis, generalization, economic-mathematical methods, analysis of the legislation of Ukraine, some foreign countries, EC. Theoretical and practical results: the necessity of improvement of distributive principles of functions of ownership and management of the property in joint - stock company is grounded; the main problems of the agreement of interests of the founders, shareholders and third persons for all period of functioning of joint-stock company are determined; the concept " of a payment of the shareholder" as sets of cost of the acquired portfolio of the shares is determined; the criteria for account of the optimum size of the statutory stock and period of secondary emission of the shares are developed; the materials of research are used by development of the programs of educational rates " the commercial right " and "a legal basis of enterprise activity " for juridical faculties of higher educational institutions of Ukraine. Novelty: the features of distribution of functions of management and ownership of the property in joint-stock companies, proceeding from a duality of a legal nature of the shares and legal status of the statutory stock are determined; the mechanism of a economic-legal regulation of secondary emission of the shares and distribution of the joint-stock capital is elaborated; the offers concerning creation of the real owner during a privatization and increasing of investment appeal of co mpanies are proved. Area of application: fund of state property of Ukraine and other law-making governmental bodies; Joint-stock companies in particular open joint-stock companies, which are created during a privatization; higher educational institutions.

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