Non-property corporate rights as the object of notary protection under the civil legislation of Ukraine

Abstract

Derevyanko D. S. Non-property corporate rights as the object of notary protection under the civil legislation of Ukraine. – Article.
 In modern conditions of progress of market economy the activity of corporate legal entities has acquired the special value. In this regard, as well as taking into account the need to improve the investment climate in Ukraine, it is advisable to pay special attention to the issues of effective protection of the rights of participants of such legal entities. At the same time, it is difficult to deny the fact that the corporate relations are not limited to property. As of today, the problems of notarial protection of non-property corporate rights are still relevant. Corporate rights have a dual structure and have been divided into non-property and property rights, although this issue has been still controversial among the scientific community, and some researchers generally deny the non-property nature of corporate rights or point to their derivative nature and interdependence on property. The scientific search for the content of corporate relations allows us to state the dichotomous division of corporate rights into non-propert and property and at the same time come to a reasonable conclusion that despite the fact that there is a connection between these rights, non-property rights have become the independent category.
 The prevailing position in scientific doctrine is that non-property corporate rights include: the right to participate in the management of a corporate company, the content of which covers a number of powers; the right to withdraw from the corporate company; the right to information about the activities of the corporate company. The scope and content of non-property corporate rights granted to participants (shareholders, members) differ depending on the type of organizational and legal form of the corporate organization.
 It has been indicated in the article that the notarial form of protection of corporate rights is an integral attribute of ensuring the observance and inviolability of the rights and legitimate interests of corporate entities, as well as protection against abuse and illegal actions during the certification of local documents of corporate entities.