Infopaket

The Practice of Resolving Corporate Disputes

ВБ.01.12.30

Вибіркова дисципліна для ОП

Second

2022/2023

3 Semester

3

Students' achievement of such competencies, skills and abilities as: ability to abstract thinking, analysis and synthesis in matters of resolving corporate disputes; ability to conduct research in the field of corporate dispute resolution practice; the ability to reasonably discuss complex legal issues regarding corporate disputes and make informed decisions; the ability to make decisions in situations that require a systematic, logical and functional interpretation of the rules of law, as well as an understanding of the peculiarities of the practice of applying corporate 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 the seminars, the current control of the student's knowledge in the academic discipline includes: performance in the classroom - from 6 to 8 points; addition to the performance - from 6 to 8 points; significant questions to the speakers (discourse) - from 5 to 8 points; reports and scientific works - from 5 to 8 points; solving the incident - from 2 to 8 points. Subject to evaluation: the level of knowledge demonstrated in the answer; activity in discussing issues; systematic work in the classroom; homework results. Seminar classes missed for valid reasons a student can work 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 not be allowed to final assessment. final assessment: exam (in the form of an interview with the possible use of information and communication technologies) (maximum score - 60).

Ukrainian