Individuals in corporate legal relationships under the civil code of ukraine: look at issue

Abstract

The article is devoted to analysis of status of an individual as a participant in legal relations under Civil Code of Ukraine. Corporate legal relations are inherently complex and their understanding causes considerable difficulties in interpreting even simplest concepts. In particular, there are many approaches to definition of “corporate rights”. According to Art. 167 of Civil Code of Ukraine, are of a person whose is determined in statutory fund (property) of an economic organ- ization, which includes eligibility to participate in management of an economic organization, obtaining a certain of profit (dividends) of organization and assets in event of liquida- tion of latter in accordance with law, as well as other powers are provided by and statutory documents [1]. The Civil Code of Ukraine does not apply concept of corporate law at all, but applies following concepts: the right to participate in a partnership, share in authorized capi- tal. Today, concept of rights, in addition to Commercial Code of Ukraine, is contained, among other things, in laws of Ukraine On regime of foreign investment of 19.03.1996 and On Joint Stock Companies of 17.09.2008. Therefore, concept of corporate rights involves problems of a theoretical and applied nature, and until now there are ongoing discussions about understanding meaning of this term. However, definitely can say that arise where there is a corporation. At same time, scientists - lawyers do not pay enough attention to fact that any corporation is represented by an individual. A legal entity is a special subject of relations, because it always obeys purpose determined by founders (participants) and exactly in purpose and content of legal entity realization of subjective right of founder (participant) is. Therefore, in practice, it is difficult to determine when a participant acts on behalf of a legal entity, and when it comes to its own, when its become subjective and requisite volume of civilian capacity should be a natural person in order to become a participant (founder) of corporation. The need to address these issues determines relevance of chosen topic. An individual is a special subject of legal relationships and his legal status requires a more detailed analysis by lawmakers and scholars. Analyzing ways in which a person can become a participant in legal relations, we conclude that legal status of an individual as a participant (founder) of a corporation depends, above all, on its legal personality. Thus, a person with incomplete civil capacity has right to create and to be a member of corporation, if this is not prohibited by or constituent documents, and in most cases, without consent of parents (adoptive parents), guardians or guardianship. As for a person with partial civil capacity, he may become owner of capital, but question remains whether young person can dispose of his in authorized capital and take active actions (transactions) concerning it, which requires further scientific research.