General Provisions about Protection of Non-Property Rights of Business Entities’ Pa

Abstract

Problem setting. Development of corporate legislation makes realization by the participants of corporations of their
subjective corporate rights in order to achieve the interests. They entered the corporate legal relations to achieve theseinterests. However, achieving own interests by some participants of corporate legal relations may lead to violation (creation
of the threat of violation) of corporate rights of other participants, causing a backlash of the latter, which involves the
implementation of the right on protection. Nevertheless, today there is no single approach to establish the order and ways
to protect non-property corporate rights of the participants of corporate legal relations that requires conduction of their
complex scientific research.
Analysis of recent researches and publications. Special studies in the field of protecting corporate rights of business
entities’ participants were the interest of: O. Yu.Astashkina, V.A. Bielov, V.V. Dolynska, Yu.M. Zhornokuy, O. R. Kibenko,
V.M. Kravchuk, D.V. Lomakin, Yu.S. Povarov, I.V. Spasibo-Fatieieva and others.
Target of research. The author of the suggested for discussion scientific article attempts to outline the problematic
aspects of the general provisions about the protection of non-property rights of business entities’ participants. The
conclusion of the feasibility to consider the right on protection as an independent subjective civil right is made. Besides,
the need to separate general and special (corporate) methods of protecting appropriate rights is grounded. The peculiarity
of such a separation is fixing of appropriate methods in different sources of legal regulation. In particular, if the first
methods have to be contained in the Civil Code of Ukraine, the second ones must be provided by the norms of special
laws (the Laws of Ukraine «On Joint Stock Companies» and «On Business Entities») and / or corporate acts of regulatory
character (statutes, founding treaties, joint stock contracts, etc.).
Article’s main body. Characteristics of the ways to protect the rights of participants (stockholders) may be carried
out by their details depending on the purposes they are directed on, the features of their violations, subjects of offense,
types of rights that are violated, etc. This makes possible to unite the methods of protection into a definite system, which
is a set of possible and permissible measures of restoration of violated non-property right of a participant of a corporate
organization, termination and prevention of its violation. Thus, a participant (stockholder) has a possibility to use the
methods that mediate protection of his/her right on a share (shares) and methods of protecting own non-property corporate
rights.
Conclusions and prospects for the development. The author concludes that it is not a protective enforcement act
completes the act of the mechanism of protecting non-property rights of a business entity’s participants, but it is a stage
of real, actual elimination of their violations, recovery (recognition) and / or compensation of losses caused by the violation
of such rights. The actual realization (for example, making an entry in the register of stockholders), the real opportunity
to exercise their restored rights (for example, to participate in the general meeting of members (stockholders)) should
complete the act of the mechanism of protecting non-property right of a business entity’s participant, since the legal
objective may be considered achieved only in this case.