Pereverzev А. Economic-legal Ensuring the Corporative Checking in Join-stock Companies

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U003691

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

16-09-2004

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Object of research: the corporate relations arising during realization of the corporate checking of activity of the executive bodies of joint-stock companies. The purpose of research is the substantiation of new scientific rules and offers on perfection of economic-legal maintenance of the corporate checking in joint-stock company for increase of efficiency of their managing. Methods of research: dialectic, analytic- synthetic, comparative-legal, historical, system-structural, formal-logic, logic-legal. Theoretical meaning: the work considerably raises a level of theoretical elaboration of questions of economic-legal maintenance of the corporate checking in a science of the economic law. The practical meaning is that the conclusions and offers, contained in work, can form the basis for modification in the current legislation and completions of the project of the law "About joint-stock companies". The results of research are used by preparation of the report Supreme Rada of Ukraine "Changes and additions to the project of the Law of Ukraine "About joint-stock companies"; are used in educational process at teaching discipline "The Economic right"; can be used in law making, in practical activity. Scientific novelty: the classification of the economic-organizing relations with allocation of the external and internal relations is carried out; the definition of the corporate relations is given. The basic principles of the corporate checking are formulated and the definition of the corporate checking is given. The expediency of legislative fastening of a key role of the supervisory board in system of the corporate checking as body, within the framework of which can be submitted and balanced the different groups of interests is argued; the principles of organization of the supervisory board are offered. The expediency of fastening in the law of a principle of delimitation of the exclusive competence of bodies of management and checking of joint-stock company, principle of the joint responsibility of the members of the revisory commission and members of the executive body is proved. The necessity of preservation of authorities of general meeting of the shareholders under the statement of the considerable bargains is in addition argued. Sphere of use are the subjects of the legislative initiative; the subjects of managing during realization of economic activity; higher educational institutions.

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