Infopaket

Comparative Corporate Law

ДВС.30.04.

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

6

Students' achievement of such competencies, skills and abilities as: to present their research on a legal topic, using primary sources and techniques of legal interpretation of complex complicated problems arising from this study, to argue conclusions; to analyze the interaction of international law and international legal systems with the legal system of Ukraine on the basis of awareness of the basic modern legal doctrines, values and principles of law; to conduct a comparative legal analysis of individual legal institutions of different legal systems, taking into account the relationship of the legal system of Ukraine with the legal systems of the Council of Europe and the European Union; to take a productive part in the development of draft regulations, to substantiate the social conditionality of their adoption, to predict the results of their impact on relevant public relations.

Distance form

Know the history of formation and development of EU corporate law; rules for moving companies within the EU; sources of secondary EU corporate law; concepts and types of corporations in foreign countries; basic models of corporate governance; the rights of participants (shareholders) of corporations in the EU and the US; designs to protect the corporate rights of corporate members. Be able to correctly interpret the provisions of foreign law; apply foreign law on corporations; to provide legal advice on the establishment of legal entities under the laws of foreign countries; identify common and distinctive features in the legal regulation of corporate relations under the laws of different states; determine the rules of regulation of corporate relations that can be borrowed ,by the legislation of Ukraine.

Forms of teaching and teaching methods of this discipline are aimed at studying the peculiarities of the application of corporate law in foreign countries and the formation of skills related to the acquaintance and interpretation of sources of foreign law. The subject of the discipline is the legislation of the EU, Germany, Austria, France, the Netherlands, Poland, Sweden, Cyprus, Great Britain, the USA and Russia in the field of corporate regulation, the practice of applying corporate law by national courts of the respective states and international judicial institutions.

1. Kibenko O.R. European Corporate Law at the Stage of Fundamental Reform: prospects for the use of European legislative experience in the legal field of Ukraine. Series: "Legal Adviser". - H .: Stride, 2005. - 432p. 2. Andrushchenko I. Implementation of Mergers and Acquisitions in Ukraine / Law of Ukraine. - # 4. - P. 177-183. 3. Аsоskоv А.В. Joint-stock Legislation of the European Union // Legal world. - 1998. - № 6. - P. 57-62. 4. Dubovitskaya E.A. European Corporate law: Freedom of Movement for companies in the European Community. - M .: Walters Clover, 2004. - 224 p. 5.Lazorchyn V., Shapka V. Structural construction of the share capital management system enterprises. Ukrainian magazine of applied economics. 2020. Volume 5. № 4. pp. 346-353. URL: http://ujae.org.ua/wp-content/uploads/2021/05/ujae_2020_r04_a41.pdf

Lectures, seminars, self-studying work of the student on the basis of textbooks, abstracts, methodical recommendations, consultations with the teacher.

At the seminars the current control of the student's includes: two reports (two speeches on a given topic) - from 2 to 4 points for each (total: from 4 to 8 points); supplement to the report - from 2 to 3 points; two express examination - from 1 to 2 points for each (total: from 2 to 4 points); two module tests - from 3 to 5 points for each (total: from 6 to 10 points); scientific work - from 4 to 9 points; colloquium - from 2 to 3 points; participation in the discussion - from 2 to 3 points. Missing for good reason seminars students can work in extracurricular time (during the teacher's consultations) through oral interviews, testing, preparation of scientific reports. A student who has not reached the minimum threshold level of assessment (24 points) of those learning outcomes that cannot be assessed during the final control may be excluded from the final assessment.

Ukrainian