Scherbakov V. Differentiation of legal position of organs of joint-stock companies

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U000095

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

20-12-2011

Specialized Academic Board

Д 11.170.02

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

Essay

Research object: the public relations related to activity of organs of joint-stock companies of different size. Research aim: a ground of new direction of development of joint-stock legislation is differentiation of legal position of organs of propulsion joint-stock companies in modern socio-economic terms and ground of suggestions from the improvement of legislation. Research methods: dialectical, formally-logical, comparatively-legal, analytical- synthetic, system-structural, logical-legal. Theoretical and practical value: conclusions, suggestions and recommendations allow to get comprehensive and deep presentation in relation to the ways of effective settlement of legal position of organs of joint-stock companies depending on their size, and also possibility of drawing on research in the process of the legislative adjusting activity with the purpose of improvement and systematization of legislation of Ukraine. Results drawn on in activity: Verkhovna Rada of Ukraine as suggestion from the improvement of norms of the Economic code and Law on propulsion joint-stock companies; Economic court of the Donetsk area at the grant of methodical help in relation to consideration of spores of relatively legal position of propulsion joint-stock companies; joint-stock company of "Dongorgaz" at preparation of agreements with the public servants of propulsion joint-stock companies and during lawsuit work and participation of representatives of enterprise in judicial realization in judicial bodies; joint-stock company of "Luxe" at preparation of suggestions in relation to making alteration in local normatively-legal acts on questions of corporate management. Scientific novelty: in-process grounded new direction of joint-stock legislation development - to differentiation of legal position of joint-stock company organs in modern socio-economic terms and principles of differentiation depending on the size of joint-stock companies. Grounded determination of concept of large, middle and small joint-stock companies. Suggestions are developed from the improvement of legal position of joint-stock companies organs on questions: amounts and to composition joint-stock companies organs of depending on its size; to differentiation of the legislative adjusting of competence of joint-stock companies organs depending on its size; organizational features of joint-stock companies organs activity depending on its size. Suggestions are developed from the improvement of legal position of public servants of joint-stock companies organs on questions: to responsibility of public servants of joint-stock companies organs depending on the its size; features of the pre-schedule stopping of plenary powers and public servants payment of labour of joint-stock companies organs depending on the its size. Sphere of the use: subjects of legislative initiative; subjects of menage; higher educational establishments.

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