Jurisdictional form of protection of corporate rights under the legislation of Ukraine

The article is devoted to the coverage of the jurisdictional form of corporate rights protection under Ukrainian legislation. Thus, the author focuses on the nature of corporate rights, consideration of the forms of corporate rights protection, which consists in establishing permissible actions provided for by law or contract aimed at preventing, terminating and restoring violated rights. The author examines the forms (jurisdictional and non-jurisdictional), methods (recognition of rights, debt collection, prohibition to perform certain actions, etc.) and means (complaint, statement of claim, etc.) used to resolve the category of protection. In addition, the authors have investigated the issue that the form of legal protection is a component of the category of protection, which has a protective nature and depends on substantive legal requirements. However, the choice of the form of protection depends on the subject of protection, the object of protection and the substantive legal requirement, and only in the aggregate of such components can we talk about the forms of protection of corporate rights. It is important to note that general and special procedures are included in the form of protection. The general procedure for protection is the procedure performed by commercial courts through lawsuits, as the law clearly states that corporate disputes have exclusive jurisdiction over commercial courts. The concept of a special procedure for the protection of corporate rights is understood to mean an administrative procedure which is applied in a procedural manner by applying to a higher body or official with a view to protecting corporate rights. The author proposes to consider various ways of protecting shareholders’ rights in corporate relations which contribute to ensuring stability, growth and development of corporate relations using administrative and non-judicial forms of protection. In particular, this may include internal (corporate) self-defense, appeal to the SSMSC (administrative, out-of-court procedure), and the use of judicial proceedings. Thus, it was determined that the main legal acts regulating corporate rights in Ukraine are the Civil Code of Ukraine, the Law of Ukraine “On Joint Stock Companies” and other specialized laws and regulations. Ukrainian legislation defines the jurisdictional bodies that ensure the protection of corporate rights, namely: courts of general jurisdiction, arbitration courts and the Antimonopoly Committee of Ukraine.