Formation and Termination of Commercial Entities

Course: “Law”

Structural unit: Education and Research Law School

Title
Formation and Termination of Commercial Entities
Code
Module type
Вибіркова дисципліна для ОП
Educational cycle
Second
Year of study when the component is delivered
2021/2022
Semester/trimester when the component is delivered
3 Semester
Number of ECTS credits allocated
5
Learning outcomes
Achievement of such competencies, skills and abilities as conducting research on the legal regulation of the creation and termination of business entities; ability to search, process and analyse relevant information from various sources; making well-grounded decisions on the formation and termination of business entities, including in situations that require systematic, logical and effective interpretation of the law, as well as understanding the specifics of its application; ability to independently draft law enforcement acts related to the establishment, reorganization, termination of business entities of various forms of organization, including in a bankruptcy case; ability to use scientific theories and concepts in conducting research
Form of study
Full-time form
Prerequisites and co-requisites
Know the main aspects of the formation and development of economic law and legislation as constituent parts of the European legal culture, specific features of the legal status of legal and natural persons, business entities, general principles of bankruptcy; literary sources on the questions of economic law, economic legislation, which regulates these relations and application of economic legislation. Be able to master and consolidate knowledge gained during the lectures by means of processing sources of special literature on relevant topics of the course; use the knowledge acquired from related disciplines; use legal information and analytical resources of the Internet. Possess sufficient knowledge and skills to resolve practical issues; provide legal description of the problems that arise with regard to legal registration of economic relations.
Course content
The course provides students with theoretical concepts of creation and termination of business entities, features and legal problems of establishment, reorganization and termination of business entities; problems of voluntary and involuntary termination of business entities; problems of regulation of the liquidation procedure of solvent and insolvent business entities; problems of the rights and interests protection of creditors and participants of business entities in case of termination of the latter; problems of state registration of formation and termination of business entities; legal issues of termination of business entities within the bankruptcy case; problems of bankruptcy liquidation regulation. The course stipulates in-depth studying of the provisions of Ukrainian legislation, special sources of legal literature and law enforcement on relevant issues.
Recommended or required reading and other learning resources/tools
Topical Issues of Economic Law: a manual / ed. V.S. Shcherbyna. Kyiv: Yurinkom Inter, 2013. 528 p. Harahonych O.V. Termination of the Legal Personality of Joint stock Companies. Economics and Law. 2017. №3 (48). P. 38-47. Scientific and Practical Commentary on the Economic Code of Ukraine / ed. V.S. Shcherbyna, N.B. Patsuria. Kyiv: Yurinkom Inter, 2019. 816 p. Povar P.O. Legal Regulation of Termination of a Natural Person: Conceptual and Terminological Problems. Bulletin of Taras Shevchenko National University of Kyiv. Legal sciences. 2021. №4. 2021. P.63-69. Povar P.O. General Procedure for Termination of Business Entities: Novelties of Legislation and Current Issues of Legal Regulation. Bulletin of Commercial Litigation. 2012. №1. P.133-141. Radzyvilyuk V.V. Legal Regulation of Bankruptcy of Legal Persons in Ukraine: a manual. Kyiv. Lira-K. 2020. 168 p.
Planned learning activities and teaching methods
Types of classes include lectures and seminars, as well as independent work of students. The following teaching methods are used: verbal (explanations, educational discussions, etc.), visual (illustrations and demonstrations, PowerPoint presentations), practical (reports on individual tasks, case study, questioning). Interactive technologies: cooperative learning, group learning, situational modelling, technologies of discussion questions analysis
Assessment methods and criteria
Types of formative assessment are chosen by the teacher who conducts practical lessons in compliance with the course syllabus. Assessment of all types of task performance is carried out during the seminars in accordance with the established schedule. Assessment takes into account the form of students’ contribution (discussion, speech, participation in the discussion on topical issues, comments), the quality and completeness of the answer, for which certain points are awarded. Express questioning, tests, colloquia are conducted. Independent work is assessed by means of written reports on individual creative tasks and their presentation, as well as solving problems and practical tasks
Language of instruction
Ukrainian

Lecturers

This discipline is taught by the following teachers

Valeria Radzyviliuk
Department of economic law and dispute resolution
Education and Research Law School
Pavlo Povar
Department of economic law and dispute resolution
Education and Research Law School