Tykhonchuk R. State legal regulation of joint-stock management

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U003982

Applicant for

Specialization

  • 25.00.02 - Механізми державного управління

01-07-2016

Specialized Academic Board

К 41.863.01

Odessa Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine

Essay

The thesis is devoted to the scientific analysis of public and legal regulation of private joint-stock management, the identification of the main trends in the development of public private joint-stock form of economic regulation based first, on new theoretical and methodological approaches and evidence, and second, on the objective laws of the market economy. The study is focused on the analysis of public and legal regulation of private joint-stock form of economic management, the types and forms of joint-stock management, the direction of state regulation and the improvement of public private joint-stock form of economic management. The thesis contains an analysis of the legislation on joint-stock companies, the current state of organizational and legal framework for regulation of joint stock companies, as well as certain areas of joint-stock management. The work is based on the integrated approach, allowing us to highlight the problem of public and legal regulation of private joint-stock form of management, based on the nature of corporate governance and the content of the shareholder forms of management, and their relationships with market economy. This would allow an objective approach to the solution of specific problems, avoiding the subjectivity and side strain. The urgent tasks are grounded and practical recommendations are worked out to ensure the regulatory impact of state and legal regulation on the form of a stock management in the direction of a market economy. The thesis proved the essence of the joint-stock form of management in the market economy structure through the division of the property and the management themselves in joint-stock company. High-developed manufacture leads to the situation when the owner and the manager can't be one and the same person that would prevent the production from expanding and leading, on the one hand, to the mutual isolation, on the other hand - the interrelation at the system level, providing the further economy development. Under joint-stock company conditions the owner has no possibility to exercise his rights of possession, usage and disposal. The owner that has a share in the joint-stock company can't exercise his property rights individually because there are other owners. He can't take the advantage of the joint-stock company's property as he's parted from it. He's also not able to dispose the company's property because he has no mechanisms at his disposal. The shareholder is able to exercise these rights concerning his shares only. That made the possibility to prove the corporation property as the independent type of property that differs from the state, public and private property. The thesis proves that joint-stock form of the managing is an object of the governmental regulation. Comparative characteristic of the joint-stock companies and corporations leads to conclusion that these are two fields in the market economy which are convergent in intersection and create the new phenomenon in the economy. Figuratively speaking we may say that the joint-stock company turned into the corporation and the corporation is turned into the joint-stock company. That convergence makes a powerful formation from the economical point of view and the more resistant organized formation in the market environment from the point of the management. The market economy objectively demands the corporation formation in joint-stock form, since it provides the tendency to the stability and the economy growth. Thus, we can conclude that a joint-stock company that turned in its development into the corporation is a historical consequence of evolution of the market economy that objectively demands more promoted forms of its development. The research of the joint-stock form of capital gives us a possibility to conclude that aside the classic forms of joint-stock companies their more complex forms exist. The complex forms of the joint-stock companies are different from the classic ones by the more developed structures of the management and administration, interoperability of capitals, structure of organization, etc.

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