Infopaket

The Practice of Resolving Corporate Disputes

ДВС.30.09.

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

3

Students' achievement of such competencies, skills and abilities as: assess the nature and character of social processes and phenomena, and show understanding of the boundaries and mechanisms of their legal regulation; correlate the modern system of civilizational values with legal values, principles and professional ethical standards; reasonably formulate their legal position, be able to oppose, evaluate evidence and provide convincing arguments; take a productive part in the implementation of theoretical and applied research in the field of law.

Distance form

Know the main aspects of jurisdiction and amenability of corporate disputes, know the existing case law on corporate disputes related to the implementation and protection of corporate rights; disputes on invalidation of the decision of the general meeting and other governing bodies of the legal entity; disputes related to the calculation and collection of dividends; disputes related to the acquisition, transfer or termination of corporate rights; disputes over the invalidation of constituent documents and procedural aspects of corporate dispute resolution in Ukraine and abroad. Be able to assess and determine the role and tasks of a lawyer who supports corporate disputes, be able to compile procedural documents, evaluate evidence and formulate a legal position. Have basic skills in preparing claims and procedural documents, taking into account the peculiarities of the practical situation and using legal methods to resolve disputes arising in the field of corporate law.

Forms of teaching and teaching methods of this discipline are aimed at conducting a legal analysis of legislation in the field of business and specific cases that have been considered by Ukrainian and foreign courts. Within the framework of the discipline the general characteristics of the mechanism of corporate dispute, methods of its formulation, formation of legal pisition, negotiation, mediation and reproduction of positions in court are studied. The course provides students with in-depth study of Ukrainian and EU law, case law of Ukraine and foreign countries, legal literature, basic concepts and special terminology

1. Implementation and Protection of Corporate Rights in Ukraine (Civil Law Aspects): monograph. for ed. Lutsy V.V. - Ternopil, 2007. - 318 p. 2. Kovalishin O.R. Judicial Protection of Corporate Rights: author. dis., cand. jurid. sciences: 12.00.04 / Kovalishin O.R; Nat. Acad. of Law Sciences of Ukraine, Research Institute of Private Law and Entrepreneurship.- K., 2013.-20p. 3. Corporate Law Through the Prism of Judicial Practice: Monograph / edited by I. V. Spasibo-Fateeva. Kharkiv: EKUS, 2021. 512 p.. 4. Corporate Law: a textbook / Garagonich O.V., Grudnytska S.M.. BekirovE.E. [etc.]; for ed. Garagonich O.V. , Grudnytska S.M.. - K., 2014. - 344 p. 5. Problems of Realization and Protection of Corporate Rights: Collection of Abstracts and Scientific Reports of Participants (Kherson - October 31 - November 1, 2008): Scientific and practical table / ed. Luts. V.V. , Berestov. I.E. - K., 2009. - 148 p.

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

At seminars ongoing performance evaluation of the student's knowledge of the discipline includes: reports and research papers - from 6 to 10 points; express questioning - from 3 to 5 points; case resolution - from 5 to 7 points; presentation - from 5 to 10 points; discourse - from 5 to 8 points. The following are subject to assessment: the level of knowledge demonstrated in the response; activity in discussing issues; systematic work in the classroom; homework results. 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. The final assessment of the student's knowledge takes place during the written test (maximum score - 60).

Ukrainian