Financial institutions are the centre of economic and legal interests of participants of the fina... more Financial institutions are the centre of economic and legal interests of participants of the financial services market, which is itself characterised by a high level of conflict of interests of its participants. The purpose of the article is the scientific development of the legal structure of organisational and legal forms of financial institutions, in the market of financial services, as a legal mechanism for reconciling the economic and legal interests of the main participants of this market. The features of basic and modified legal forms of legal entities are elaborated in this article. It is determined that financial institutions are established and operate in ‘modified’ legal forms. Such forms emerge due to the supplementation of the structure of the main elements of the basic legal forms of legal entities. This refers to additional functional legal means that reflect special requirements for the relevant types of legal entities, depending on the economic and legal interests o...
The article shows that special legislation to regulate corporate forms for entrepreneurial activi... more The article shows that special legislation to regulate corporate forms for entrepreneurial activity (apart from forms for non-commercial activities) has been developed in Kazakhstan since the 1990s. The most important stages in such development are highlighted, with special emphasis on the influence of Russian legal developments. The article includes description of the current structure, content, and specifics of Kazakhstan’s legislation on corporate forms for economic activity. The absence of a clear concept of company law and of a legal term ‘corporation’ in the law of Kazakhstan is noted in the paper, and also it is argued that a body of company law (or corporate law) of Kazakhstan has not been adequately institutionalised yet within the national legal system. The author identifies the main trends in the development of company/corporate law in Kazakhstan and key concerns related to it.
Journal of the National Academy of Legal Sciences of Ukraine, 2019
In Ukraine, entrepreneurship started forming in the absence of the previous experience of its leg... more In Ukraine, entrepreneurship started forming in the absence of the previous experience of its legal regulation in connection with the long socialist period. The relationship between individuals and organisations that have merged in one corporation needs special regulation, and one of the means by which it became possible to regulate relations on the creation and operation of corporations, is the construction of a legal entity. Therefore, the main purpose of the work is to identify the legal form of the activities of legal entities of a corporate type. The analysis of the norms of the current legislation, which contain the term “legal form”, shows the ambiguity of its application in the context of different legal norms It is well-known that the content of corporate legal relationships includes not only corporate rights, but also the corresponding corporate responsibilities of company’s member. It is established that the current civil law of Ukraine does not provide normative definition of a legal form of legal entities, does not establish the criteria for its formation. On the basis of a retrospective analysis of normative legal acts, the transformation of the legal approach to the definition of the legal nature of corporate rights has been analysed – from the determination of the nature as the nature of absolute substantive law to the definition of it as a symbiosis of property and non-property rights caused by the ownership of a share in the authorised capital of a legal entity of a corporate type. It has been found out that the economic code of Ukraine fixed the main forms within which economic entities (collective-ownership enterprises, economic companies, private enterprises, farming, foreign enterprise, etc.) operated. The classification of legal forms of legal entities, which are grouped according to the relevant criteria, has been carried out. But the criterion for the delineation and classification of a certain range of legal forms of legal entities is the legal regime of property of a legal entity established in one or another legal form.
Journal of the National Academy of Legal Sciences of Ukraine, 2018
Since 1993, the National Academy of Legal Sciences of Ukraine published a collection of scientifi... more Since 1993, the National Academy of Legal Sciences of Ukraine published a collection of scientific works "Journal of the National Academy of Legal Sciences of Ukraine." Since 2013 the scientific articles in Ukrainian and English are published in the collection. The purpose of the publication of the collection is to achieve an appropriate level of satisfaction of information needs in the field of law, development of the general theoretical problems of law making and law enforcement, studying the problems of the history of national state-building, the theory and practice of the state law of foreign countries and international law and coverage of the theoretical principles and applied aspects of the activities of state authorities and local self-government bodies. The collection contains scientific articles devoted to actual problems of jurisprudence: the theory and history of state and law, constitutional and state construction, civil, labor, financial, economic, administrative, customs, ecological, criminal law, criminal and civil processes, criminal investigations, etc. The Journal of the National Academy of Legal Sciences of Ukraine is included in the international scientometric database Index Copernicus International (Warsaw, Poland)
Financial institutions are the centre of economic and legal interests of participants of the fina... more Financial institutions are the centre of economic and legal interests of participants of the financial services market, which is itself characterised by a high level of conflict of interests of its participants. The purpose of the article is the scientific development of the legal structure of organisational and legal forms of financial institutions, in the market of financial services, as a legal mechanism for reconciling the economic and legal interests of the main participants of this market. The features of basic and modified legal forms of legal entities are elaborated in this article. It is determined that financial institutions are established and operate in ‘modified’ legal forms. Such forms emerge due to the supplementation of the structure of the main elements of the basic legal forms of legal entities. This refers to additional functional legal means that reflect special requirements for the relevant types of legal entities, depending on the economic and legal interests o...
The article shows that special legislation to regulate corporate forms for entrepreneurial activi... more The article shows that special legislation to regulate corporate forms for entrepreneurial activity (apart from forms for non-commercial activities) has been developed in Kazakhstan since the 1990s. The most important stages in such development are highlighted, with special emphasis on the influence of Russian legal developments. The article includes description of the current structure, content, and specifics of Kazakhstan’s legislation on corporate forms for economic activity. The absence of a clear concept of company law and of a legal term ‘corporation’ in the law of Kazakhstan is noted in the paper, and also it is argued that a body of company law (or corporate law) of Kazakhstan has not been adequately institutionalised yet within the national legal system. The author identifies the main trends in the development of company/corporate law in Kazakhstan and key concerns related to it.
Journal of the National Academy of Legal Sciences of Ukraine, 2019
In Ukraine, entrepreneurship started forming in the absence of the previous experience of its leg... more In Ukraine, entrepreneurship started forming in the absence of the previous experience of its legal regulation in connection with the long socialist period. The relationship between individuals and organisations that have merged in one corporation needs special regulation, and one of the means by which it became possible to regulate relations on the creation and operation of corporations, is the construction of a legal entity. Therefore, the main purpose of the work is to identify the legal form of the activities of legal entities of a corporate type. The analysis of the norms of the current legislation, which contain the term “legal form”, shows the ambiguity of its application in the context of different legal norms It is well-known that the content of corporate legal relationships includes not only corporate rights, but also the corresponding corporate responsibilities of company’s member. It is established that the current civil law of Ukraine does not provide normative definition of a legal form of legal entities, does not establish the criteria for its formation. On the basis of a retrospective analysis of normative legal acts, the transformation of the legal approach to the definition of the legal nature of corporate rights has been analysed – from the determination of the nature as the nature of absolute substantive law to the definition of it as a symbiosis of property and non-property rights caused by the ownership of a share in the authorised capital of a legal entity of a corporate type. It has been found out that the economic code of Ukraine fixed the main forms within which economic entities (collective-ownership enterprises, economic companies, private enterprises, farming, foreign enterprise, etc.) operated. The classification of legal forms of legal entities, which are grouped according to the relevant criteria, has been carried out. But the criterion for the delineation and classification of a certain range of legal forms of legal entities is the legal regime of property of a legal entity established in one or another legal form.
Journal of the National Academy of Legal Sciences of Ukraine, 2018
Since 1993, the National Academy of Legal Sciences of Ukraine published a collection of scientifi... more Since 1993, the National Academy of Legal Sciences of Ukraine published a collection of scientific works "Journal of the National Academy of Legal Sciences of Ukraine." Since 2013 the scientific articles in Ukrainian and English are published in the collection. The purpose of the publication of the collection is to achieve an appropriate level of satisfaction of information needs in the field of law, development of the general theoretical problems of law making and law enforcement, studying the problems of the history of national state-building, the theory and practice of the state law of foreign countries and international law and coverage of the theoretical principles and applied aspects of the activities of state authorities and local self-government bodies. The collection contains scientific articles devoted to actual problems of jurisprudence: the theory and history of state and law, constitutional and state construction, civil, labor, financial, economic, administrative, customs, ecological, criminal law, criminal and civil processes, criminal investigations, etc. The Journal of the National Academy of Legal Sciences of Ukraine is included in the international scientometric database Index Copernicus International (Warsaw, Poland)
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individuals and organisations that have merged in one corporation needs special regulation,
and one of the means by which it became possible to regulate relations on the creation and
operation of corporations, is the construction of a legal entity. Therefore, the main purpose of
the work is to identify the legal form of the activities of legal entities of a corporate type. The
analysis of the norms of the current legislation, which contain the term “legal form”, shows the
ambiguity of its application in the context of different legal norms It is well-known that the
content of corporate legal relationships includes not only corporate rights, but also the corresponding corporate responsibilities of company’s member. It is established that the current
civil law of Ukraine does not provide normative definition of a legal form of legal entities, does
not establish the criteria for its formation. On the basis of a retrospective analysis of normative
legal acts, the transformation of the legal approach to the definition of the legal nature of corporate rights has been analysed – from the determination of the nature as the nature of absolute
substantive law to the definition of it as a symbiosis of property and non-property rights caused
by the ownership of a share in the authorised capital of a legal entity of a corporate type. It has
been found out that the economic code of Ukraine fixed the main forms within which economic
entities (collective-ownership enterprises, economic companies, private enterprises, farming,
foreign enterprise, etc.) operated. The classification of legal forms of legal entities, which are
grouped according to the relevant criteria, has been carried out. But the criterion for the delineation and classification of a certain range of legal forms of legal entities is the legal regime of
property of a legal entity established in one or another legal form.
individuals and organisations that have merged in one corporation needs special regulation,
and one of the means by which it became possible to regulate relations on the creation and
operation of corporations, is the construction of a legal entity. Therefore, the main purpose of
the work is to identify the legal form of the activities of legal entities of a corporate type. The
analysis of the norms of the current legislation, which contain the term “legal form”, shows the
ambiguity of its application in the context of different legal norms It is well-known that the
content of corporate legal relationships includes not only corporate rights, but also the corresponding corporate responsibilities of company’s member. It is established that the current
civil law of Ukraine does not provide normative definition of a legal form of legal entities, does
not establish the criteria for its formation. On the basis of a retrospective analysis of normative
legal acts, the transformation of the legal approach to the definition of the legal nature of corporate rights has been analysed – from the determination of the nature as the nature of absolute
substantive law to the definition of it as a symbiosis of property and non-property rights caused
by the ownership of a share in the authorised capital of a legal entity of a corporate type. It has
been found out that the economic code of Ukraine fixed the main forms within which economic
entities (collective-ownership enterprises, economic companies, private enterprises, farming,
foreign enterprise, etc.) operated. The classification of legal forms of legal entities, which are
grouped according to the relevant criteria, has been carried out. But the criterion for the delineation and classification of a certain range of legal forms of legal entities is the legal regime of
property of a legal entity established in one or another legal form.