Sulyma A. Discretion in local corporate lawmaking.

The object of the study is social relations, which are formed during the legal regulation of discretion in local corporate lawmaking. The purpose of the research is to determine the manifestations of discretion in the civil-law regulation of local corporate lawmaking, as well as to develop scientific conclusions and practical recommendations for improving the current legislation in the area of local regulation of corporate relations. The use of scientific methods in the dissertation is determined by the specifics of the goal, set tasks and object of research. The work uses both general scientific and special scientific methods of scientific knowledge. For example, through using the system method and the method of analysis, the issue of the legal nature of local corporate acts, founding and shareholder agreements as forms of expression of local corporate lawmaking was investigated. The dialectical method provided a comprehensive analysis of the legal nature and content of local corporate lawmaking as a type of lawmaking. With the help of dogmatic and formal-legal methods, the quality and state of civil-law regulation of local regulation of corporate relations was revealed. The forecasting method was used in the formulation of proposals and recommendations for improving the current legislation in the field of local regulation of corporate relations, in particular the regulation of corporate relations by agreements. The scientific novelty of the obtained results is due to the fact that as a result of the research, the following propositions, conclusions and proposals, which possess scientific novelty, were formulated, in particular: the author's approach to the understanding of local corporate lawmaking as a separate type of lawmaking has been substantiated by distinguishing the following features: it is an activity carried out within legal entities of a corporate type in a certain order, determined by law and/or lawmaking subjects; this activity aimed at creating legal norms that have a local character and corporate character, i.e. regulate corporate relations and apply to a certain circle of persons; it is carried out on the basis of the discrete principles of civil law or for the implementation and within the limits of the permitted prescriptions of the law; it is argued that a broad approach to the definition of forms of expression of local corporate lawmaking should be single out, these forms are: local corporate acts; founding documents (as a founding document and the only form of expression of local corporate lawmaking in general and limited partnerships); shareholder agreement; it was found that the level of discretion in the regulation of various legal entities of a corporate type is determined by the following criteria: legal form of the corporation; the balance between public and private interests; the need to protect the interests of the corporation`s members, the corporation itself, and third parties; ensuring the ability of corporations to determine the optimal management structure; general level of development of corporate culture.