Lypnytska Y. Legal Status of Companies with Foreign Participation

The research object is the social relations in the process of creation, functioning and termination of activities of companies with foreign participation. The aim of the research is development and substantiation of proposals on improvement of legal status of companies with foreign participation on the basis of a study of the legislation of Ukraine and other countries, practices of its application in practice and appropriate theoretical frameworks in relation to such companies and business entities in general. Research methods: general scientific and special scientific methods of cognition, namely: historical, comparative legal, observation, induction and deduction, axiomatic, formal-legal, systemic-functional and others. Theoretical and practical results are that for the first time in domestic science commercial law carried out a comprehensive study of the legal status of companies with foreign participation, on the basis of which a modified previously known and new provisions relating to such status and prepared proposals for its improvement. Scientific novelty of the thesis is specified in the following provisions. For the first time: grounded suggestion on establishment of the special requirements to the name of foreign enterprises and joint ventures; proposed the development of the legal framework related to the status of companies with foreign participation with the selection of six periods; an out-of-competition grant is argued in the lease of lot lands and other property state and communal patterns of ownership to the foreign enterprises and joint ventures with considerable or decisive participation of foreign investors. Positions are improved relatively: the definitions of a company with foreign participation and its types (joint venture and foreign enterprise); acquisition and termination of the legal status of companies with foreign participation; the procedure of registration of duty-free import on territory of Ukraine of property contributed by foreign investors in the authorized (share) capital of companies with foreign participation; the acquisition by enterprises with the foreign investments of right of ownership on lot lands. Got further development of position about: the distribution of joint ventures on the group depending on the size of the share owned by foreign investor (foreign investors) in the authorized (share) capital; the legal regime of property assigned by the founder for a foreign enterprise on the right of economic management; the content of the rights and responsibilities of companies with foreign participation, guarantees of their rights; major ways of improvement of the relevant legal framework of the status of companies with foreign participation. The separate positions of the thesis are used in the process of teaching the discipline "Commercial law" at the Donetsk national University MES of Ukraine. The results of the study are recommended for use in practical activities of the Joint Ukrainian-German venture in the form of limited liability company "Dr. Klaschka GmbH" and limited liability company "МТГ Ukraine". Theoretical generalizations, conclusions and proposals formulated in the work can be used for further improvement of the current legislation defining the status of companies with foreign participation. Discussion points and conclusions of the thesis can be the basis for further research of problems of legal status of companies with foreign participation. Positions of the thesis can be used for the preparation of textbooks, manuals, comments of legal acts, that regulate the status of companies with foreign participation, as well as in the practical activities of such companies at the decision of separate questions of their status.