Problems of the legal regulation and application the positions of the law of Ukraine regarding the final beneficial owner
Journal Title: Правова позиція - Year 2017, Vol 1, Issue
Abstract
This article analyses the problems of effectiveness Institute final beneficial owner in the context of combating illicit enrichment and corruption, taking into account the short legislative acts of Ukraine. An opinion about the need for legal certainty legal concepts and legislation. The law defines a number of features characteristic of beneficial owner (Controller). These are a possibility, regardless of formal ownership to exercise a decisive influence on the activities of the entity, directly or through others, or is able to exercise influence through direct or indirect ownership of one person alone or together with associated physical or legal person share of share capital or rights to vote in the legal person. Identification of the concepts of the representative of the participant, and the participant is not allowed in the context of the definition as the final beneficial of the owner. As a representative of the party will be deprived of the legal possibilities to individually exercise the function of the body, or to realize the right of possession or use of the assets of the company.
Authors and Affiliations
С. В. Рокунь
Keywords
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