Tatkov V. Legal Nature, Composition and Contents of the Joint-stock Company Constituent Documents

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U002880

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

25-06-2003

Specialized Academic Board

Д 11.170.01

Essay

Object of research: the relations which are formed in the process of establishment and operation of joint-stock company, in particular, and economic societies, in general. The purpose of research is the profound elaboration of the economic-legal approach in definition of a legal nature of the constituent documents of joint-stock company, their structure and contents, analysis of experience of legal regulation and existing practical needs, elaboration of the offers on improvement of the legislation. A method of research: dialectic, system-structural, analytic-synthetic, formal-logic, logical and legal, comparative-legal, statistical-legal. Theoretical and practical meaning: the definition of a legal nature of the constituent documents is specified, the formulations of concepts of the constituent documents of joint-stock companies are advanced; the offers on perfection about establishment of joint-stock companies and statement of their constituent documents are proved; the theoretical elaboration concerning the mechanism of realization of the prerogative right of purchase of the shares certificate of the closed joint-stock companies, and also concerning consequences of invalidity of the constituent documents are made. The applied character of research allows to use results directly during practical work on preparation and statement of the constituent documents of joint-stock companies and by consideration of action's in court. The conclusions and offers are used by Supreme economical court of Ukraine. The results of research were used at completion of the project of the Economic code of Ukraine, project of the Law "About joint-stock companies". The materials of research are used at study of discipline "the Economic right", in teaching a special rate "the Corporate right". Scientific novelty: is first in Ukraine by complex economic-legal research, in which legal nature, structure and contents of the constituent documents of joint-stock companies of the modern period are analyzed in view of accepted of the Economic and Civil codes of Ukraine. Sphere of use: law-making bodies of the central authority; judicial bodies; a State commission on securities papers and stock-market; joint-stock companies; higher educational institutions.

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