GENERAL OVERVIEW OF PARTICIPANTS OF A LEGAL PROCEEDING BROUGHT BY A DERIVATE CLAIM
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article aims to provide general overview of participants of legal proceedings brought by corporate derivate claims. This issue seems to be of a great research interest as restated Commercial Procedure Code of Ukraine became effective on 15 December 2017 and corporate legislation was significantly amended recently. On the basis of the analysis of the effective legislation of Ukraine, the author establishes who may file derivate claims, as well as on behalf of whom and against whom it they may be filed. The article discovers special requirements and criteria to person entitled to bring a derivate claim under Ukrainian legislation and provides their comparison to the respective requirements set out in legislation of other states. Based on such analysis, certain shortcomings in the legal regulation of this issue in Ukraine are indicated and some ways of its improvement are proposed. Moreover, the author analyzes which legal entity may be a beneficiary party under a derivate claim and who may be a defendant in a legal proceeding brought by such claim. In result, it is concluded whether the current model of a corporate derivate claim may be used for legal protection of all legal entities’ rights. On the basis of research conducted in this article, the author proposes certain amendments to the current legislation of Ukraine, which may make a corporate derivative claim more efficient tool for protection of legal entities’ and their participants’ rights.
Authors and Affiliations
Ю. К. Челебій-Кравченко
Keywords
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