Home > Publications > Criminal Dimensions of Corporate Rights in Ukraine: Content, Remedy, and Enforcement

Criminal Dimensions of Corporate Rights in Ukraine: Content, Remedy, and Enforcement

Anatoliy V. Kostruba1

This study critically examines the intersection of corporate relations and criminological implications in Ukraine, with a focus on legislation, its real-world application, and prevailing doctrinal positions. The paper investigates the civil and economic dimensions associated with the enactment and protection of corporate rights from a criminological perspective, highlighting potential areas of misconduct or criminal activities within corporate structures. The core intent is to shed light on the economic, legal, and criminological concepts surrounding the safeguarding of corporate rights for both individuals and legal entities, underscoring the methods and challenges of their enforcement, restitution, and protection. The paper also considered the possibility and expediency of applying a derivative claim in national practice. Problematic issues of civil liability in corporate relations, including the
responsibility of the main enterprise for the obligations of the subsidiary enterprise,
officials for losses caused to the company, violation of the right without actual loss of the possibility of using, unification of the statute of limitations for vindication and for judicial appeal against decisions of the meeting of participants or the registration authority, etc. The theoretical and practical part of the work is to ensure that the research results can be used for future studies and developments of various aspects of regulating and remedying corporate rights. The insights presented are poised to enrich both the academic discourse on corporate rights and practical law enforcement strategies, fostering the holistic development of corporate law and its criminological dimensions in Ukraine.

Keywords: Corporate Relations, Legal Remedy, Criminological Perspective, Corporate Disputes, Derivative Claim.