Activities of a lawyer for the protection of corporate property
Students Name: Matkivska Ivanna-Mariia Myronivna
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: full
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Matkivska І.-М. М., Baik О. І. (supervisor). Activities of a lawyer on protection of corporate property. Master’s thesis. – Lviv Polytechnic National University, Lviv, 2020. Extended abstract. The rapid development of corporate relations is interrelated with the provision of appropriate qualified legal aid, necessary for proper functioning and development of such relations within corporations or enterprises of various types. Lawyers from advocacy associations or legal advisers, which are employed with companies, are actively involved in providing such aid. The activities of a lawyer, who not only has a relevant knowledge in various areas of law, but also knows how to apply them in practice, allows you to quickly and efficiently resolve issues between business entities with various government bodies, natural persons and legal entities, as well as to provide appropriate recommendations to solve internal corporate issues. As the international trade has begun to expand, different members of certain association became dependent at different stages of social development from geopolitical, economic and scientific factors [1, p. 9]. When difficult stage of formation and development of corporate relations have passed, scientists identified the main stages and regulatory framework for the regulation and resolution of corporate disputes. At the same time, the need to amend these legal acts in order to consolidate the provisions on corporate relations in one of them (preferably in the Civil Code of Ukraine) remains topical [2, p. 116]. Conclusions about psychological and legal aspects of the formation of share capital, its management and the risks of shareholders are included in the works of L.I. Petrazycki, which are still relevant nowadays [3, p. 211?213]. Analysis of the development of corporate property relations in the Soviet period shows that under conditions of rigid ideological imperatives, aimed at market environmentcollapseand full nationalization of the economy, there was a significant deformation of their economic essence and organizational structure [4, p. 81]. Existing legal framework does not fully correspond to the nature of relations that have developed within Ukrainian joint-stock companies. It does not provide adequate protection of shareholders’ rights and does not regulate many issues of enterprise management. All this leads to the constant emergence of typical corporate conflicts, which significantly reduce the investment attractiveness, cost of domestic privatization objects, competitiveness of Ukrainian joint-stock companies in capital markets, and inhibits development of stock market[5, p. 116]. It is legally determined that the grounds for recourse to commercial court is the protection of violated or disputed rights and legally protected interests (Article 1 of the Civil Procedure Code of Ukraine). The right to sue arises after the violation of right by the defendant. Thus, already violated right, not the one that can be violated in the future (even if it is unknown whether it is violated or not) is subject to protection. It is also important to pay attention to the choice of protectionmethod. A person, whose rights have been violated, can use a specific way to protect his/her right. The statutory substantive legal measures of coercive nature, through which the restoration (recognition) of violated (disputed) rights and influence on the violator, are considered as the methods of protection of subjective civil rights [6]. Thus, the globalization of the world economy plays a significant role in the development of national economies. It helps to deepthe process of corporatization and transnationalization. The development of corporate relations, in the prospective of which, arises a question of balancing the interests of stakeholders and protecting the rights of shareholders, is a reflection of these processes. Study object –social relations, which establish in the process of professional activities of the lawyer. Scope of research – activities of a lawyer on protection of corporate property. Goal of research: is to conduct a detailed analysis of the activities of a lawyer on protection of corporate property, using a retrospective of the formation and development of corporate property in Ukraine and abroad as a basis, analyzing regulations and research papers. Briefly put the research results.The history of formation and development of corporate property has been analyzed in Master’s thesis. The concept, content and legal grounds for ensuring the protection of corporate property in Ukraine has been defined. Case law on the protection of corporate property has been reviewed. Lawyer’s provision of legal aid to the client in the process of corporate property protection in legal proceedings has been characterized from the legal point of view. The ways of lawyer’s provision of legal aid to a client in court proceedings has been identified as a type of activities of a lawyer on protection of corporate property. A positive experience of a lawyer in the protection of corporate property in foreign countries for Ukraine, which can be used and implemented to the rules in Ukrainian legislation, has been identified. Key words: civil-legal protection, corporate rights, corporate legal relations, means of protection of corporate property, mechanism of protection of corporate rights, forms of protection of corporate rights, methods of protection of corporate rights, corporate management, corporate disputes. References. 1. Cherniavskyi, А.D. (2006). Corporate Management: textbook / А.D. Cherniavskyi, V.V. Kobrzhytskyi. К.: IAPM. 208 p. 2. Kovalenko, L.О. (2010). Improvement of Corporate Management in Light of New Legislation. Topical Problems of Economy.№ 1. P. 15–122. 3. Petrazycki, L.I. (2002). Income Rights of a Bona Fide Owner from the Point of View of Dogma and Civil Law Policy. М. : Statute. 425 p. 4. Suprun, N.А. (2009). Features of Formation of the Elements of Corporate Management in Domestic Economic Practice (20s of XX Century). History of National Economy and Economic Thought of Ukraine.Ed. 42.74–88p. 5. Rozovskiy, V.G. (2008). Harmonization of Economic, Environmental and Criminal Legislation in the System of Legal Support of the Economy (Concept and Methodology of Research on R&D) / V.G. Rozovskiy, V.V. Khakhulin, О. P. Zahnitko, А.I. Hritsayenko, D.E. Fedorchuk, V.I. Markov, М.М. Dutov. Economics and Law.№ 2 (3).115–123p. 6. Methods of Protection of Corporate Rights. URL: https://lhs.net.ua/ua-pro-sposoby-zakhystu-korporatyvnykh-prav-slukhacham-lhs-rozpovila-olesia-lukomska-ru-o-sposobakh-zashchyty-korporatyvnykh-prav-slushateliam-lhs-rasskazala-olesia-lukomskaia/.