Artemenko S. Civil-law problems of joint-stock company management

The thesis contains comprehensive analysis of theoretical and practical problems, bound with joint-stock company management, origin and realization of this right. It is noted that relations of joint-stock company management are a part of corporate relations and belong to non-property corporate relations. The author determines the circle of relations concerning joint-stock company management which are the subject of civil-law regulation and gives the notion of a body of the joint-stock company on the basis of analyses of the concept of an organ of the legal person in scientific literature and legislature. He also investigates the connection of the right of joint-stock company management with the property right on the shares and establishes the cases when the right of management arises before the appearance of the property right on the share. The relation tied with formation and activities of organs of joint-stock company management have been investigated. The author reveals the state of scientific researches concerning elimination of problems of joint-stock company management. He makes the conclusion that the competence of general meeting should be limited by the law. The peculiarities of the right of control of the proprietors of the preference shares have been investigated. The author shows the possibility of appearance of negative consequences connected with formation of the fractional shares owing to asquirement by a society during the realization of preference rights which are proportionally given to a shares which belong to a stockholder, realization of operations of the shares issued by the company. The author investigates the relations of a stockholder at the general meeting and makes practical proposals concerning this question.