Alternative ways of resolving shareholder disputes in property relations in Ukraine and the EU

Autores

  • Bogdan Derevyanko
  • Dmytro Selikhov
  • Nadiia Armash
  • Oleksandra Severinova
  • Iryna Orlova

Palavras-chave:

Alternative ways of dispute resolution, Reconciliation, Negotiations, Mediation, Arbitration

Resumo

In the conditions of a war caused by the invasion of Russian troops on the territory of Ukraine in February 2022, an unstable exchange rate of the dollar and euro, the suspension of various structures. After such a full-scale invasion, Ukraine will need more than a decade to restore the economy. All business entities must work and ensure economic recovery. For the proper functioning of joint-stock companies, it is necessary that their activities are not hindered by the delayed resolution of disputes in court. It is necessary to settle disputes that arise in joint-stock companies using alternative methods. The purpose of this study is to determine the relevance of alternative ways of resolving shareholder disputes in property relations in Ukraine and the European Union, to introduce in Ukraine a positive European Union practice of resolving disputes by alternative methods, and to provide proposals
for the regulation of this institution at the legislative level by adopting the relevant law. The study uses the following methods of scientific cognition in a complex: historical, legal, hermeneutical-semantic, system-structural, structural-functional, complex analysis, modelling. In particular, alternative ways to resolve disputes are reconciliation, negotiations, mediation, arbitration. The study of alternative ways of resolving shareholder disputes in property relations in Ukraine and the European Union is economically related, as resolving disputes without recourse to the courts would save the company’s finances and allow the dispute to be resolved faster. This would allow the joint-stock companies to work properly and invest in the Ukrainian economy.

Biografia do Autor

Bogdan Derevyanko

Full Doctor in Law, Professor at the Department of International Private Law and Legal Problems of European Integration, Academician F. H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine; Department of Economic and Legal Research of Economic Security Issues, V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine, Kyiv, Ukraine. Research interests: law, economic law, business law. He is the author of the dissertation “Legal regulation of economic activity
of educational institutions”.

Dmytro Selikhov

PhD in Law, Associate Professor at the Department of Theory and History of State and Law, Dnipropetrovsk State University of Internal Affairs, Dnipro, Ukraine. Scientific interests: history of the state and land law. He is the author of over 30 scientific works.

Nadiia Armash

Full Doctor in Law, Associate Professor at the Center for Forensic and Expert Research, Information Judicial Systems, Kyiv, Ukraine. Research interests: administrative law and process, financial law, information law. She is the author of the dissertation “Conceptual and methodological principles of correlation of state political positions with civil service positions in executive bodies”.

Oleksandra Severinova

PhD in Political Sciences, Associate Professor at the Department of State and Legal Disciplines and Public Administration, Donetsk State University of Internal Affairs, Mariupol, Ukraine. Her main research interests: law, legal regulation, political science.

Iryna Orlova

PhD in Law, Associate Professor at the Department of Civil, Administrative and Financial Law, Classic Private University, Zaporizhzhia, Ukraine. Her main research interests: economic law and social security, public and private law. She is the author of the dissertation “Improving the theoretical foundations of legal regulation of state guarantees in the field of management”.

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Publicado

2023-05-03

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