Jurisdictional remedies for corporate rights in Ukraine: Sub-standard remedies in corporate disputes

Anatoliy Kostruba ()
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Anatoliy Kostruba: Vasyl Stefanyk Precarpathian National University

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Abstract: In the context of the European integration processes taking place in Ukraine, there is a convergence of the national legal system with the legal principles and provisions of the European Union, including in the field of corporate legal relations. The main purpose of this study was an independent study of problematic issues that arise upon the implementation of sub-standard remedies in corporate disputes to develop author's conclusions and recommendations to ensure sustainable and effective law enforcement practices. The methodological framework of this study included the principles of cognition of social phenomena in their historical development, interrelation, and interdependence, a dialectical approach to the study of theory and practice, the history and current state of law. The leading methods were historical, comparative legal, and dialectical. Based on the results of the investigation, the study covered the leading issues of the state of modern legal regulation of sub-standard remedies in corporate disputes in Ukraine; analysed the main issues of theoretical certainty regarding sub-standard remedies in corporate disputes and suggested new vectors of reforms concerning further improvement of law enforcement practice. The author's conclusion on the need to ensure the unity of law enforcement practice by introducing changes to the legislation of Ukraine towards detailed regulation of sub-standard remedies in corporate disputes, which also correlates with the reformation vectors of development of Ukraine in the context of European integration, will become a stable basis for further scientific research and legislative transformations in the field under study.

Keywords: Remedies for corporate rights; derivative claim; derivative action; weak party; corporate legal relations Summary: 1 Introduction -2 Literature Review -3 Materials and Methods -4 Results -5 Discussion -6 Conclusions -References; Kostruba; Civil law doctrine; Company law; Company law harmonization; corporations (search for similar items in EconPapers)
Date: 2022-11-04
New Economics Papers: this item is included in nep-acc, nep-cis and nep-law
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Published in Revista Brasileira de Alternative Dispute Resolution, 2022, Belo Horizonte (ano 04, n. 07), pp.17-35. ⟨10.52028/rbadr.v4i7.2⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-03839400

DOI: 10.52028/rbadr.v4i7.2

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