THE CONCEPT OF CORPORATE RIGHTS: FEATURES OF IMPLEMENTATION UNDER THE CONDITIONS OF MARITAL STATE

Abstract

The purpose of the scientific article is to carry out a comprehensive scientific study on establishing the content of corporate rights in the context of the European integration of Ukraine. It was established that the generally recognized practice is the legislative consolidation of the acquisition of corporate rights for a business entity from the moment of its state registration, which means entering information into the relevant state register, and ceases from the moment information about the termination of the activity of such a legal entity is displayed in the register. It was found that the termination of a business entity, and therefore the grounds for termination of corporate rights, are: death of an individual entrepreneur; achievement of the functional goal for which the association of enterprises was created; recognition of a business entity as bankrupt; adoption of an administrative act aimed at terminating the activity of a legal entity and other grounds. It has been established that the grounds for the liquidation of a business entity can be determined both by the presence of a person's own will, and by the action of external factors (a decision of a court or other authorized body of state power; non-compliance with the requirements for the formation of authorized capital; non-fulfillment or improper fulfillment of obligations to a creditor or creditors, etc.). It was concluded that the adoption of a decision on the liquidation of a person is carried out by the procedure of liquidation of property, which includes the satisfaction of creditors' demands, as well as the termination of the corporate rights of the company's participants. It is emphasized that in the conditions of martial law, the exercise of corporate rights requires additional regulatory and legal support. It was found that the main innovations include the creation of conditions for remote holding of general meetings of members of business associations, which allows remote filling in of ballots by participants of general meetings and sending ballots to the person convening the general meeting through the depository system of Ukraine. It is emphasized that the conditions of martial law necessitated the development of processes of digitization of social relations in general, and in particular, in the field of exercising corporate rights. It is emphasized that one of the key features of the exercise of corporate rights in the conditions of martial law is the limitation of the right of management, which can be applied to the participants of the corporate fund. It is substantiated that the main priority in the exercise of corporate rights under martial law should be recognized first of all the issue of the safety of the members of the business association, as well as the establishment and implementation of mechanisms for solving the problems of staffing the needs of production and the needs of the region for its recovery.