State corporate rights and their protection (Problem issues)

Abstract

The authors emphasize that today, in the context of globalization processes, reforming the system of public administration to address certain issues of protection and protection of corporate rights of the state is extremely reasonable. The content and essence of the category “corporate rights of the state” are revealed. Attention is paid to the peculiarities of implementation of corporate rights of the state; management features and restrictions on the disposal of state property. It is emphasized that the current corporate legislation does not contain enough guarantees aimed at ensuring the corporate rights of the participants of corporate relations. State corporate rights are regarded as the law of the state, the share of which is determined in the authorized capital of a company, including the right to manage that company, to receive a certain share of its profi ts (dividends), assets in the event of liquidation in accordance with the law, as well as other rights provided by law and founding documents. Attention is paid to the classification of grounds for the emergence of corporate rights in the state, to the list of the main
subjects of management of state-owned objects and its corporate rights. The analysis of the current legislation of Ukraine, regulating the issue of management of the corporate rights of the state, their protection and protection. It has been concluded that the protection of the corporate rights of the state, unlike the protection of the corporate rights of the subjects of the private sector of the economy, has a certain specificity, which is manifested not only in special methods of protection,
but in the special nature of organizational and property protection measures. The effectiveness of the existing mechanism of protection and protection of corporate rights of the state is considered. Deficiencies identifi ed in the current mechanism of protection and protection of corporate rights of the state. A number of measures are proposed to increase the effectiveness of the mechanism of protection and protection of corporate rights of the state. It is concluded that in the protection of the corporate rights of the state, the preventive component has advantages than in the case of the protection of the corporate rights of private sector entities.