IMPLEMENTATION AND PROTECTION OF A PERSON'S SUBJECTIVE CORPORATE RIGHT TO INFORMATION

УДК 347.19

ORCID: 0000-0003-2716-8113

DOI 10.37566/2707-6849-2023-4(45)-11

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Volodymyr HEVKO,  

teacher of the National School of Judges of Ukraine, teacher of the Department of Law Interregional Academy of Personnel Management, Doctor of Philosophy in Law, judge of the Economic Court of Ternopil region

IMPLEMENTATION AND PROTECTION OF A PERSON'S SUBJECTIVE CORPORATE RIGHT TO INFORMATION

         The corporate right of a participant of a legal entity to receive information about a legal entity and its activities is a key subjective corporate right of a person, without the implementation of which and in the event of its violation, all other subjective corporate rights of a person will also suffer adverse consequences. Therefore, the study of the conditions for the realization of a person's subjective corporate right to information, as well as the issues of its effective protection in the event of a violation, is quite relevant at the present time.

Currently, the legal definition and legal regulation of the grounds and procedure for the implementation and protection of a person's subjective corporate right to receive information is not entirely satisfactory and undisputed. Yes, we have a contradictory understanding of the right to receive information as a corporate right in Article 96-1 of the Civil Code of Ukraine. The procedure for implementing this right in other specialized corporate legislative acts is not sufficiently regulated. In many cases, corporate disputes on this issue arise precisely because of different interpretations of legislation or gaps in it. Nor does the judicial practice of resolving these disputes provide answers to all problematic issues.

Also, even though due attention was paid to this issue in science your time, however, due to constant changes in corporate legislation, the implementation and protection of a person's subjective corporate right to information require constant additional study and understanding.

In the article, based on the analysis of the content of a person's subjective corporate right to receive information about the «corporation», it is determined that a person's corporate right to information is one of the significant ones – one without which a person would not be able to effectively exercise all his other subjective corporate rights. An effective way to protect the right of a participant (shareholder, member) of the «corporation» to receive information about the activities of the «corporation» is to induce the «corporation» in court to perform actions by the «corporation» – provide certain information.

Key words:information, corporate right to information, implementation of the right to information, effective way of protecting the corporate right to information.

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