SPECIAL MEANS FOR THE PROTECTION OF INVESTORS INTERESTS IN COMMERCIAL LAW

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SPECIAL MEANS FOR THE PROTECTION OF INVESTORS INTERESTS IN COMMERCIAL LAW

Journal Title: Право та інновації - Year 2018, Vol 2, Issue 22

Abstract

Problem setting. Determining the means of protecting the interests of participants in investment activities by legal instruments of liability in the presence of investment risks that need to be investigated on the example of the largest part of the investment market - the securities market. Analysis of recent researches and publications. Some issues of the features of the protection of investors’ interests were researched by scholars and economists M.I. Braginsky, V. V. Vitnyansky, N. V. Vorobyova, O. D. Vovchak, S. V. Hlibko, I. S. Gutsal, O. V. Grigorash, P. Zapadka, O. I. Prikazjuk, V. M Stoika, O. A. Slobodyan, P. Tereshkevich. The target of research is to ensure the proper performance of the functions of securities market participants which become recipients of investments, they act as intermediaries in investment activities, including in the direct investment of them at the expense of borrowed funds. Article’s main body. The development of comercial-legal directions and means of eliminating the negative consequences of the existence of risks in investment activity should take into account the availability of investment risks in the activities of financial intermediaries, the impossibility of completely excluding for their clients the burden of investment risk, necessity of partial public-legal provision of interests of investors depending on the status of the subject. Despite the noted modern mechanisms for ensuring the rights of non-professional investors to the norms of European law of direct effect, it should be noted that in the Ukrainian legislation there are some mechanisms for protecting the “weak” party, which have already been transferred to the level of public-legal regulation. Conclusion of the research. Summarizing the research, it should be noted that the existence in the market of investment services of numerous financial risks, including investment, their influence on investment relations simultaneously consolidated with the inequality of the parties of these relations needs a legislative “equalization” of the weak side with the other party in terms of protection against abuse of the other party and for the fair distribution of risks between these parties and a study of the balance of rights. Further research needs a tool for consolidating and harmonizing the rights and obligations of the parties to legal relationships.

Authors and Affiliations

I. O. Shmilo

Keywords

EP ID EP490756
DOI -
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