SPECIFIC OF TRANSACTIONS AS TO THE BOOK- ENTRY BONDS DURING РRIVATIZATION OF THE STATE-OWNED ENTERPRISES
Abstract
Problem Setting. Privatization processes over the last years have not lost their relevance and vice versa are gaining new turnovers, the evidence of which is the adoption by the Government of Ukraine of the Resolution dated May 12, 2015 № 271 "On conducting a transparent and competitive privatization in 2015."
Analysis of the recent researches and publications. Many scientists both in Ukraine and the Russian Federation in due time have been engaged in researches of privatization processes in the sphere of jurisprudence, banking and civil law. Treaties and agreements and certain transactions which are committed in the process of privatization of the state-owned enterprises have been considered both as with privatization securities and with bonds by such scientists as: N. S. Korov`yakovska, S. Speransky, I. M.Volik, M. Chechetov and others.
Target of reserch is singling out of the specific of transactions as to the book- entry bonds during privatization of the state-owned enterprises and determination of the criteria of such transactions division.
Article’s main body. It has been analyzed in the article that transactions as to the book-entry bonds in the course of privatization of the state-owned enterprises have their own specific connected with the fact that the bond-entry bonds by their legal nature are determined as certain corporate rights and capable of turnover objects of the obligatory and civil legal relations creating as the result of the certain legal facts. The types of the corporate rights such as : property and non-property rights (personal),namely, organizational ones have been considered by the author. On the basis of this it has been proposed to divide the types of transactions with the book-entry bonds by the following criteria: 1) choosing the division criterion their legal nature as certain (corporate) rights; 2) choosing the division criterion their legal nature as restricted capable of turnover objects of obligatory and civil legal relations creating as the result of certain legal facts.
Conclusions and prospects for the development: transactions with the book-entry bonds during privatization of the state-owned enterprises constitute, taking into account their specific peculiarities, are proposed to divide according to the following criteria :
- I) As certain (corporate) rights:
a)alienation of property rights of the participation in the authorized capital of the joint-stock company (joint-stock relations);
- b) alienation of the non-property rights in the corporate relations as a participant (founder) of joint-stock company.
- II) As restricted capable of turnover objects of the obligatory and civil legal relations creating as the result of certain legal facts:
c)corporate transactions as to the realization of the company participant right to share in the authorized (constitutive) capital or bonds and transactions between shareholders (for public joint-stock companies);
- d) joint-stock agreements (for private joint-stock companies).
