SPECIAL ASPECTS OF THE ACCOUNTING OF THE OWNERSHIP INTEREST AND SECURITIES AS A MECHANISM TO PREVENT CORPORATE DISPUTE
( Pp. 88-92)

More about authors
Zagoruiko Igor U. professor, d-r ekon. nauk, kand. yurid. nauk
Federal State budget institution of higher education «Tyumen industrial University» Kolesen Evgenij V. kand. ekon. nauk, zamestitel nachalnika otdela
«PNPPK», AO
Abstract:
Aim: The legislation which regulates corporative legal relations has been seriously changes over the last few years. New norms have had a great impact on the rights of participants and shareholders of commercial bodies. Stagnation processes and instability in economics lead to the growth in a number of corporate disputes. The changes in legislation offered additional guarantees and the rights protection mechanisms which prevent from numerous corporate disputes. Such modern civilists as E.A. Sukhanov and I.S. Shitkina studied the problems of corporative legal refashions. The aim of this work is to study the impact the legislation changes have on the rights of participants and shareholders of commercial bodies and to analyze the current trends. Methodology: the methodological basis for the research is a complex of methods of scientific cognition. General scientific methods of research such as analysis and synthesis are used in the article as well as some particular scientific methods of research such as formal and comparative methods. Conclusions: the results of the research showed that the legislation made a lot of changes connected with the transition of the right to the share in the registered capital and the right to the equities of commercial bodies. The character of changes are clearly points at the strengthening of the law regulation which present a number of different trends. Firstly, the reregistration of transition of the right to the share in the registered capital is getting more complicated when there is a withdrawal from the company. Also, the costs of this processes have been increased for the participants as well as the costs of the registration services (maintenance of register, ballot committee services) for the joint-stock companies. Secondly, the protection of rights of participants and shareholders are better protected. In fact, the notaries and registrars undertake some responsibilities which decreases the risk of challenging the transaction. At the same time, some types of corporative disputes are eliminated as the record of the transition of the right to the share in the registered capital and the right to the equities is beyond the scope of jurisdiction of executive board of joint-stock companies. Opportunities for further use of results of the scientific work: this work studies one of many changes in legislation which regulates corporate legal relations. It is logical to continue studying other trends which have been formed in legal regulation and to assess their impact on the legal status of corporation participants and prevention of corporative disputes. Practical value: this article will be useful for working lawyers in commercial bodies as it briefly presents changes in legislation connected with the transition of the right to the share in the registered capital and the right to the equities of commercial bodies and assesses these changes and innovations. Social consequences: the right guarantees of participants and shareholders, protection of their legal interests is one of the most important tasks for law regulation corporate legal relations. Consequently, any law changes in legislation which could increase the level of protection and prevent corporate disputes are of great importance. Value: this work is aimed at students, Master’s degree students and other people studying corporate law as well as working lawyers who face the issues connected with transition of the right to shares in registered capital and equities.
How to Cite:
Zagoruiko I.U., Kolesen E.V., (2016), SPECIAL ASPECTS OF THE ACCOUNTING OF THE OWNERSHIP INTEREST AND SECURITIES AS A MECHANISM TO PREVENT CORPORATE DISPUTE. Business in Law, 3 => 88-92.
Reference list:
Arbitrazhnyy protsessual nyy kodeks Rossiyskoy Federatsii: Feder. zakon Ros. Federatsii ot 24 iyulya 2002 № 95-FZ // Parlamentskaya gazeta. 2002. 27 iyulya.
Grazhdanskiy kodeks Rossiyskoy Federatsii (chast pervaya): Feder. zakon Ros. Federatsii ot 30 noyabrya 1994 № 51-FZ // Sobr. zakonodatel stva Ros. Federatsii. 1994. 05 dekabrya. № 32.
Korporativnoe pravo: uchebnik / E.G. Afanas eva, V.YU. Bakshinskas, E.P. Gubin i dr.; otv. red. I.S. SHitkina. 2-e izd., pererab. i dop. M: KNORUS, 2015. 1080 s.
Ob aktsionernykh obshchestvakh: Feder. zakon Ros. Federatsii ot 26 dekabrya 1995 g. №208-FZ // Ros.gaz. 1995. 29 dekabrya.
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O vnesenii izmeneniy v podrazdel 3 razdela I chasti pervoy Grazhdanskogo kodeksa Rossiyskoy Federatsii: Feder. zakon Ros. Federatsii ot 02 iyulya.2013 g. №142-FZ // Ros. gaz. 2003. 05 iyulya,
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Keywords:
corporate dispute, corporate law, liability of the management bodies.


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