NATURE OF LEGAL REGULATION OF THE RIGHT OF JOINT-STOCK COMPANIES
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article is devoted to the analysis of the nature of legal regulation of the law of jointstock companies. Features of the legal nature of the rights of joint-stock companies are considered. The concept of “nature” is not a special legal term, so outside the law in the nature of things usually understand the quality or essential attribute. At the same time, only the attribute that defines the concept, with the exception of which the concept itself is destroyed, should be considered essential. Definition of the concept of legal nature has allowed to reflect the legal characteristic of a legal phenomenon, to realize its place and role among others, but also to identify the “legal root”, providing an inevitable impact on the legal characteristic. It is found out that the relations between shareholders and joint-stock company reflect the systemic regulation of such relations, which is carried out within the framework of legislative acts and, above all, the relations between shareholders and joint-stock company, because in modern conditions adequate legal regulation for the purpose of their regulation and development is the purpose of creation of conditions for the systematic regulation of the rights of joint-stock companies. The legal relationship between the participants of public relations is characterized, which is regulated by the norms of law and is characterized by the presence of rights and obligations. It is determined that the shareholders’ rights reflect the content of mutual relations between the joint-stock company and its participants. According to the results of the research the author agrees with the doctrinal approach, in the science the dominant position in respect of which the nature of the rights of joint-stock companies has economic and legal nature is found, because the sphere of such relations is in the formation and expansion, especially that part of it, the participants of which are shareholders in the joint-stock company.
Authors and Affiliations
Оксана Михайлівна Назарчук
Keywords
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