Bocharova O. Legal aspects of takeover of joint-stock companies

Research object: public relations are accordion in the process of absorption of joint-stock companies. Research purpose: development of new theoretical and practical positions in relation to absorption of joint-stock companies and preparation of suggestions on perfection of the proper legislation. Research methods: analysis and synthesis, system, comparatively legal, legalistically logical, logical legal. Theoretical and practical value: conclusions, positions and suggestions did complement of the certain blank of theoretical bases of legal principles of corporate relations at absorption of joint-stock companies, in particular, Law of Ukraine of "Abaut joint-stock companies", Economic, Civil and Economic judicial codes, other normatively legal acts. Drawn on results: in the educational process of the Donetsk legal institute of the Lugansk state university of internal affairs of the name of E.O. Didorenko; By the Donetsk territorial management of the State commission on securities and fund market; by a workinggroup on questions of development of legislation and functioning of fund market of the Donetsk area at preparation of suggestions to GKCPFR of Ukraine on making alteration in Law of Ukraine of "o joint-stock companies"; by a management of Joint-stock company "Ukrbiznesbank". Scientific novelty: Determination of concept of takeover of joint-stock companies is grounded in work, his distinguishing features from such concepts are exposed, as restructuring, reorganization, confluence, joining and control. The types of takeover of joint-stock companies are specified. The normatively-legal acts of legislation of Ukraine and foreign countries in relation to adjusting of processes of takeover of joint-stock companies are explored. A concept is certain "method of takeover of joint-stock companies". The methods of takeover of joint-stock companies are analyzed on the basis of their division on friendly, unfriendly (hostile) and illegally (rаid). The auxiliary receptions of takeover of joint-stock companies are considered: corporate conflict, corporate blackmail (greenmail) and information technologies. The concept of guard of rights and legal interests of stockholders at takeover of joint-stock companies is certain and grounded. The methods of guard of rights and legal interests of stockholders at takeover of joint-stock companies are exposed and analyzed. Methods of defence of rights and legal interests of stockholders at takeover are specified. Basic directions of improvement of legislation of Ukraine in relation to takeover of joint-stock companies are offered. Sphere of the use: subjects of initiation of bill; joint-stock companies; higher educational establishments.