Khrypun O. Consideration of corporate disputes in the economic process

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U003300

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

23-04-2013

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 which arise up at consideration of corporate disputes in the process of creation, management, realization of economic activity and stopping of corporate enterprise. Research purpose: development of new theoretical positions and recommendations which are sent to perfection of consideration of corporate disputes economic courts. Research methods: dialectical, historical legal, comparative legal, formal legal, formal logical. Theoretical and practical value: conclusions, positions and suggestions are sent to theoretical generalization and new decision of scientific task which consists in the ground of directions of perfection of judicial legislation about consideration of corporate disputes. Research results can be drawn on for perfection of current legislation and in law activity. Project of additional chapter of Х1 of the Economic code of practice of Ukraine worked out on results research "Consideration of corporate disputes" used by Committee on questions of justice of Verkhovna Rada of Ukraine. The applied character of research allowed to draw on results in activity: the Higher economic court of Ukraine; LTD. "Agrilog"; LTD. "Trade-retail company "Evrotek". Scientific novelty: The study offers author's definition of corporate disputes, examines the relationship between the terms "corporate dispute" and "corporate conflict", analyzes the historical development of the corporate law since its inception to the present. Corporate disputes are classified by the following criteria: disputes that arise in the creation, managing and implementation of the economic activity and those in the termination of the corporate enterprise. The features of corporate disputes have been defined. Having studied the foreign experience in consideration of corporate disputes, the conclusion is made that it is the German system that resembles most of all the Ukrainian system of corporate enterprises management. The problems are revealed, and the proposals are made to improve the procedural legislation of Ukraine. The author offers to add the Economic Procedural Code of Ukraine with a special chapter that would display specific features of corporate disputes consideration. Sphere of the use: subjects of legislative initiative; management subjects; higher educational establishments.

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