Problem aspects of the establishment of the legal regime of information placed on the joint-stock company’s web page
Journal Title: Право та інновації - Year 2014, Vol 4, Issue 3
Abstract
Problem setting. Requirements of Ukrainian legislation on disclosure by the joint-stock company (hereinafter - JSC) of information on its activity are directed to serving the interests of shareholders as well as state and public control over their activity. Obligation to manage, provide and (or) allow shareholders and other interested parties access to such information, including by posting on the web page of the company, is imposed on JSC by the law of Ukraine “On joint-stock companies” and other legislative instruments. Analysis of resent researches and publications. Modern researchers of corporate relations do not pay considerable attention to the peculiarities of the information, which the company has to post on the Internet. Within methodical and scientific works (in the context of the examination of the rights of the participant (shareholder) to receive information about the company’s activity) the scientific community leaves aside the issues of the legal regime of information on JSC that is posted on its web page, taking it for granted (as addition to actions, which should be made by the company in relation to provision of information to the participant (shareholder)). However, Ukrainian legislation contains entirely different information, which should be posted on the JSC’s web page, in comparison with information that should be, for example, kept by the company or provided to shareholder in the context of convening the company’s general meeting. In this connection there is a new range of topical issues related to the description of the problem aspects of the establishment of the legal regime of information placed on the JSC’s web page. Target of research. The questions on legal regimes usually occur in reference not to all parts of the legal regulation, but mainly in relation to legal rights, one of which is legal corporate right of shareholder. As one of the components it is possible to allocate the right to receive information about the company’s activity. Article’s main body. Such concept as “legal regime” allows discovering of the peculiarities of legal regulation of certain kind of activity, the characteristic aspects of legal tools, existence and functioning of certain objects. From the above the understanding of the legal regime of information for the purpose of solving the problems of realization of the right to information on the activity of the economic company and carrying out duties is also important. The outstanding characteristics of legal regimes should be applied to the information posted on the JSC’s web-site. Based on this legal bond with reference to the use of information on the JSC’s web-site will have a private law character (be built on the basis of coordination); have a relational character, since certain information is provided, first of all, specifically to certain scope of persons - shareholders; in our opinion, the nature of such information is non-property, but is closely connected to property. Conclusions and prospects for the development. In the process of the research the author comes to the conclusion that a) current state of the doctrine connected to the legal regime of information posted on the JSC’s web page do not have sufficient elaboration; b) in general, the scientific community puts a sign of equality between the information provided to the shareholder by the company and the information posted on the JSC’s web page; 3) the legislation in effect does not clearly establishes who is responsible for administration of the company’s web page and who is responsible for the accuracy of the information posted on it.
Authors and Affiliations
Yuriy Zhornokuy
Keywords
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