The dissertation is devoted to the study of peculiarities of legal support of the activity of big business organizations in Ukraine. Based on the systematic analysis of the provisions of the theory of economic law, domestic and foreign legislation, the practice of its application formulated scientifically substantiated conclusions, proposals and recommendations aimed at improving existing domestic legislation in the field.
It is established that in the national economy during the last thirty years of development, its core has been formed in the form of a set of economic organizations, which by their quantitative and qualitative economic and other parameters form a separate category - economic organizations of big business. Their key property is macro-subjectivity in the system of relations of economic power in terms of their inherent ability to influence aggregate macroeconomic indicators of the functioning of the national economy. In this regard, it is recognized that the relationship between the state and economic organizations of big business largely takes place outside the legal format, because the concept, place, role and development of economic organizations of big business have not received economic and legal qualifications and regulation, and their relations with the state and its institutions-subjects of organizational and economic influence, did not acquire the character of a separate object of state economic policy, did not become an independent object of state programming and regulation.
The dissertation substantiates the position that the consolidation processes that have caused significant changes in the environment of national enterprises have led to the creation of large corporate structures of the holding type, which are potentially able to provide high concentration of capital, widely know know-how and attract significant investment, increase competitiveness and objects of foreign economic expansion that integrate the national economy into the world, and thus the formation and development of such structures under certain conditions may coincide with national economic interests.
It is proved that the essence of the state policy on economic organizations of big business is to achieve a balance between economically feasible level of economic concentration in the activities of such organizations and the negative tendency to oligopolization and monopolization of markets for goods and services. A special socio-political danger is the risk and real manifestations of the transformation of economic power over the markets by such organizations into political and informational public power.
Therefore, the processes of formation of economic organizations of big business, their development, the scale of influence on relevant markets, their efficiency and social responsibility should become a separate object of monitoring, economic development strategies and targeted influence of the state, a separate institution of economic law and legislation.
The author argued the need to set out Part 5 of Art. 126 of the Commercial Code of Ukraine in the new wording, which states that: “Holding company is a legal entity (parent company) that owns, uses and disposes of holding corporate blocks of shares (shares, units) of two or more corporate enterprises (except packages state-owned shares) that are in a control-subordination relationship with it, and bears subsidiary liability to creditors of such corporate enterprises.
The dissertation defines that the situation with the legal vacuum for regulating the activities of economic organizations of big business as a separate category of economic organizations, and in fact as a separate segment of the economy, and at the level of formation and implementation of state economic policy and economic and legal relations. creation and functioning of such organizations is due to the influence of their beneficial owners on the functioning of all branches of government in Ukraine. The conversion of economic power into other types of public power in Ukraine, thus, is a prerequisite for the very state of legal uncertainty of the legal status of such organizations among a wide range of economic entities and is evidence of special public interests in their activities and the need to develop appropriate economic -legal mechanisms for implementing state policy in the direction of achieving such interests. The de facto monopolization by these economic organizations of the feedback mechanisms between business and the state, as an important element of the functioning of the legal economic order, distorts the content of the latter and contradicts the national economic interests.
