Scherbakova N. The Legal Regulation of Merger and Acquisition of Commercial Companies

Object of research: the public relations developing during creation and the discontinuance of commercial companies. The purpose of research: development of new theoretical rules concerning legal regulation of merge and connection of commercial companies, preparation of the offers on perfection of the legislation and practice of its application on these questions. Methods of research: the analysis and synthesis, formal-logic, comparative-legal, system. The theoretical meaning consists in a deepening and perfection in a science of the economic law of theoretical development concerning procedure of merge and connection of commercial companies. Practical meaning: the developed scientific rules and offers can be used in normcreative of activity, in particular, at perfection EC and CC of Ukraine, Rule about the order of registration of release of the actions during reorganization of companies, Instruction on inventory of the basic means, documents and accounts; At completion of the project of the Law of Ukraine „About joint-stock companies"; are used in practical activity of economic societies in process merges or connections; in educational process at teaching disciplines „the Economic law", „Creation of the subjects of managing". Scientific novelty: is proved, that merge and connection are the independent forms of reorganization of commercial companies. The legal forms of integration of the subjects of managing, namely are differentiated: merge, connection, absorption, association, creation by the coordinated actions of the subjects. The features of connection of economic organizations in bank and insurance spheres are revealed. The general characteristic of legal means of regulation of merge and connection of commercial companies is given, the bases of the origin of reorganization's legal relations on merge and connection of commercial companies are determined. The economics and legal nature of the contracts about merge and connection is proved and their definitions are formulated. The important conditions ofthe contracts about merge (connection), their form, order of the conclusion and feature of performance are determined. The ways of perfection of the legislation concerning protection of the lawful rights and interests of the participants (shareholders), creditors both state are offered at merge and connection of commercial companies. Sphere of use: the subjects of the legislative initiative, economic of commercial companies in process merges and connections; higher educational institutions.