Nikolenko M. Economic and legal regulation of corporate agreements.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102878

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

13-05-2021

Specialized Academic Board

Д 11.170.02

State Institution "V.K. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine"

Essay

The dissertation is devoted to the problems of economic and legal regulation of corporate agreements in Ukraine, to the definition of its nature, concept, content and subject composition. The purpose of the dissertation is to substantiate the economic and legal nature of corporate agreements as a mechanism for regulating the relations between company members regarding the order and peculiarities of the theirs corporate rights exercising. The paper deals with historical aspects of the development of the сorporate agreements institute in Ukraine and all over the world. The world models of corporate agreements are singled out and substantiated, the peculiarities of the domestic model are determined. The system of interests in the corporate sphere has been analysed particularly, they directly and indirectly influence the content of the corporate agreements and define its goal. The author substantiates the economic and legal organizational nature of the corporate agreement, defines its concept and characterizes the set of its general and special features. Particular attention was paid to the peculiarities of defining the subject matter of corporate agreements as its sole essential condition. The systematic set of conditions that forming the content of the contract has been studied. Practical recommendations for its conclusion have been given. The circle of subjects entitled to act as a party to a corporate agreement is outlined. The details of conclusion, execution, change and termination of corporate agreements have been studied. The peculiarities of economic and legal liability of the parties to the corporate agreement are investigated. Practical recommendations are given on the application of economic sanctions to violators. According to the results of the research, the theoretical and legal provisions concerning the conclusion of corporate agreements were updated. The dissertation contain the proposals to improve the legislation provisions on corporate agreements.

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