SOME ASPECTS OF PROTECTING THE RIGHT TO PARTICIPATE IN THE MANAGEMENT OF A BUSINESS ENTITY

Abstract

. One of the most important tasks of the law on business entities is the defense and protection of the
rights and legitimate interests of their members (shareholders), regardless of their share in the charter capital. The rights of
shareholders have traditionally been recognized by a special kind of securities – shares, that is, documents. These documents
by their nature and purpose, provided for their presence within authorized persons – shareholders. However, the Laws of
Ukraine “On Securities and Stock Market”, “On Joint Stock Companies’ stipulate the possibility of issuing shares only in a
non-documentary form. The rights of the members of the rest of business entities have also a specific form of certification –
to consolidate the share of the participant in the statute (constituent agreement), i.e. also have no material form. This led to
a number of problems related to the protection of the right to participate in the management of a business entity.