Maruschak Y. Corporate rights and responsibilities under the legislation of Ukraine and the European Union.

The dissertation is a complex study of legal regulation of corporate rights and obligations under the legislation of Ukraine and the law of the European Union. The dissertation describes corporate rights and responsibilities under the legislation of Ukraine. The historical development of corporate rights and responsibilities in the general context and in the areas of modem Ukraine within the framework of the right of Kyiv Rus, Austro-Hungarian and Russian Empires, the USSR has been researched. The features of creation and functioning of corporate entities in Ukraine are revealed. By analyzing the provisions of the current legislation, the legal doctrine, as well as taking into account the foreign understanding of the essence of the corporation and the established practice of using this term, the position on the recognition of the possibility of creating corporate entities in Ukraine in the following organizational and legal forms was further developed: economic partnerships (joint-stock companies , limited liability companies, partnerships with partners, full and limited partnerships) and production cooperatives, private enterprises and farm enterprises operating on the basis of private ownership of several persons, enterprises of consumer co-operation, formed by several consumer societies. Corporate rights and obligations considered as a content of corporate relations. Author’s definition of corporate legal relations is formulated as regulated by the rales of the law of internal relations, which are formed between a corporate entity and its participants, as well as between the participants (founders) of such a legal entity in connection with the creation, management and termination of the activity of such a legal entity, the implementation of corporate rights and obligations of the participants, as well as other relations involving the legal entity of a corporate law or its participant, aimed at the implementation of corporate rights. The general principles of the EU company law, national and supranational fonns of corporations in the EU are investigated, features of corporate rights and obligations of their participants are revealed. The corporate rights and obligations of corporate-type legal entities created in the EU Member States are the subject of harmonization of EU law in the field of company law only to the extent that it is necessary to ensure an equivalent level of protection of their interests within the Community, the creation of an enabling enviromnent for the conclusion of cross-border transactions and the effective functioning of the internal market. The prospects of development of legal regulation of corporate rights and obligations at the present stage of European integration of Ukraine are outlined. The process of adaptation of domestic corporate legislation to the norms of the EU company law is described. Problems are found on the way to the harmonization of Ukrainian corporate legislation with the right of EU companies. Taking into account the established principles of legal regulation of corporate rights and obligations under EU law, in the first place, processes of harmonization of domestic corporate legislation more closely affect the joint-stock company form (mostly public joint- stock companies) and in the smaller one - limited liability companies. The scientifically grounded proposals on improvement of the current legislation of Ukraine concerning the legal regulation of corporate rights and responsibilities are formulated.