PROBLEM ISSUES OF PROTECTING CORPORATE RIGHTS WHEN APPEALING DECISIONS OF GENERAL MEETINGS OF SHAREHOLDERS

Abstract

This scientific article is devoted to problematic issues of the scope and implementation of the right to protectionof corporate rights of shareholders – owners of ordinary and preferred shares, which arise during the appeal of thedecisions of the general meeting of members of joint stock companies. The degree of participation of the generalmeeting of the company and its shareholders in the management of the company, including direct management.The author examines the existing ways in Ukraine to protect shareholders property and the legislative mechanismfor protecting corporate rights of shareholders when appealing the decisions of the general meeting of joint stockcompanies, identified shortcomings, miscalculations and gaps in the legal regulation of these issues.The normative and legal sources regulating the mechanism of protection of shareholders rights, as well ascase law on corporate disputes are given, including the legally defined perspective of consideration by courts ofshareholders complaints against decisions of the general meeting of the company.The observance of the Constitutional Principles of Inviolability of the Right to Private Property, Equality of AllOwners before the Law, the Right to Own, Use and Dispose of Their Property, Prohibition of Unlawful Deprivation of Property, and the Right to Protect Their Rights and Freedoms from Violations and Unlawful Infringements innormative legal acts regulating property relations of members of joint-stock companies – owners of shares, and alsoin judicial practice in cases of the specified category.The existing discrepancies between the grounds for the shareholders appeal against the decision of the generalmeeting and the grounds available to the court to satisfy such an appeal by the relevant court decision are indicated.The state and quality of regulation of the mechanism of protection of the interests of the shareholder protectedby law are studied by normative legal acts.Emphasis is placed on the need to improve the legal regulation of protection of corporate rights ofshareholders. Amendments to Article 50 of the Law of Ukraine “On Joint Stock Companies” have been developedand substantiated in order to eliminate shortcomings in legal regulation and expand the rights of corporate owners(shareholders) to protect violated rights and legally protected interests.