Щодо здійснення майнових прав товариств з обмеженою та додатковою відповідальністю однієї особи.

Abstract

The article is devoted to the research of the exercise of the property rights of limited companies and additional companies of one person. Attention is paid to the performance of the sole participant of the functions of the supreme and executive bodies of the company at the same time; fulfillment of the function of the director on the basis of an employment contract with the company and without its conclusion; the exercise of property rights without the subject's determination of such rights; lack of separation of powers of a single participant as a participant (founder), supreme body of the company and executive body of the company. The provisions of the national legislation on property, property rights and subjects of their realization, which are contained in the Law of Ukraine On property valuation, property rights and professional valuation activity in Civil Code of Ukraine, Economic code of Ukraine, Law of Ukraine On partnerships limited and additional liability and certain other legal acts. The court practice of resolving disputes arising between public authorities and companies with limited companies and additional of one person in the case of performing a single participant functions of a director without concluding an employment contract with the company is analyzed. The existence of different approaches to understanding the essence of the relevant legal relationships is revealed. The own proposals for ways of solving the identified practical problems are substantiated. According to the results of the analysis, the proposals for exercising the property rights of limited companies and additional companies of one person are substantiated, namely: the proposed forms of confirmation of the authority of a single participant in the performance of the functions of the supreme body of the company and executive body of the company during the exercise of the property rights of limited companies and additional of one person; the proposed forms of exercising the property rights of limited companies and additional of one person are the sole participant in the performance of the functions of the supreme body of the company and executive body of the company.