Ibragimova N. Legal status of holdings

The research object is the social relations in the process of creation, functioning and termination of holdings. The aim of the dissertation is development and substantiation of proposals on improving the legal status of the holdings based on the study of the legislation of Ukraine and other countries, its application in practice and related theoretical foundations about the said economic entities. 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 a comprehensive study of the legal status of the holdings, on the basis of which a modified previously known and developed new provisions regarding such status and prepared proposals for its improvement. The scientific novelty of the thesis the obtained results is specified in the following provisions. For the first time: the proposed definition of holding ; definition of the concept of "management holding"; it justifies the introduction of the presumption of vicarious liability holding; company for the liabilities of the corporate enterprise. Improved provisions concerning: the definition of a holding company; subsidiary of economic and legal liability of holding company for obligations of corporate enterprises through specification of the grounds and conditions of such liability; directions of improvement of legal basis regarding the status of the holding at the level of the civil code of Ukraine, Law of Ukraine "On holding companies in Ukraine", regulatory legal acts, local normative acts. Further development of provisions concerning: signs of the holding company as the participant of economic relations; the separation of holdings into types depending on the bases which have their own legal significance and/or causing the need of a special legal regulation; the establishment and termination of the holding; ways to create classic holding; property bases of activity of the holding; the legal regime of property of the company by generalizing the models of management of such property; commercial legal personality of the holding with the reasoning that the holding has partial legal capacity; management of the holding with the clarification that it is the availability of a three-tier structure; the management of the holding. Certain provisions of the results of the thesis are used in teaching the discipline "Business law", "Economic obligation" in Chernihiv national technological University, MES of Ukraine. Theoretical generalizations, conclusions and proposals formulated in the work can be used for further improvement of the current legislation defining the status of holdings. Discussion points and conclusions of the thesis can be the basis for further research of problems of legal status of the holdings. Provisions of the thesis can be used in the preparation of textbooks, manuals, comments to normative legal acts regulating the status of holding companies, as well as in the practical activities of such business entities in addressing certain issues regarding their status.