Tarasa Shevchenko blvr, 31, of.8, Kyiv, 01032, Ukraine

Professional lawyers on your side!

Send us a request for a consultation and our lawyers will contact you. We will provide professional comprehensive advice and help resolve your issues.

Main > News and publications > Legal positions in corporate disputes systematized by the Supreme Court

Legal positions in corporate disputes systematized by the Supreme Court

21.04.2021

The Supreme Court analyzed the most interesting decisions in cases of corporate disputes, corporate rights and securities entered in the Unified State Register of Judicial Decisions during 2020.

The results of the analysis are combined into a review, which is posted on the portal "Judicial Power of Ukraine".

As in any other legal relationship where there is a material interest, conflict situations often arise between participants in corporate relations, as well as in the process of securities circulation, which cannot always be resolved by mutual agreement. Disputes that could not be resolved out of court are referred to the economic court.

It is noted that in the process of resolving a corporate dispute in court, imperfections and gaps in legislative regulation are revealed. And under such conditions, court decisions are able to protect violated corporate rights, which also affects the development of the economy as a whole.

Legal opinions and positions are systematized in the overview into the following sections:

- procedural features of considering cases in corporate disputes, corporate rights: jurisdiction, issues of an appropriate and effective way to protect corporate rights, derivative claims, securing a claim, evidence and other aspects of considering a corporate dispute;

- protection of certain types of corporate rights: protection of a participant's rights to manage a legal entity, an increase in the authorized capital of an LLC, receiving part of the profit (dividends), conducting an audit, obtaining information about the activities of a legal entity;

- the practice of resolving disputes regarding securities: jurisdiction, proper method of protection, invalidation of a securities sale and purchase agreement, the obligation to perform certain actions to fulfill the terms of the securities sale and purchase agreement, determination of the parties in a dispute on the interpretation of a donation agreement for shares, promissory note, bonds ...

The Supreme Court is confident that the conclusions obtained as a result of such an analysis will contribute to the correction of errors made in the consideration of cases, the correct and uniform application by the economic courts of the norms of the current legislation of Ukraine. The review can also be useful for lawyers when forming a legal position in cases of corporate disputes, corporate rights and securities.

S-Partners
Professional achievements

Why clients choose us?

Significant experience in litigation and focus on results allow us to distinguish the legal practice of the law firm as one of the best in the legal market. The partners of the law firm, Oleksandr Skliarenko and Andrii Sydorenko, are among the leading lawyers in Ukraine.

800+

Successful cases

94%

Returning customers

8

years in LEGAL 500

20

Years of experience

Sign up for a consultation

Write your contact details and the question you need advice on. We will contact you shortly.

S-Partners
Skliarenko, Sydorenko and partners, Attorneys at law

Partners

Skliarenko

Oleksandr Skliarenko

Managing Partner, Attorney

Sydorenko

Andrii Sydorenko

Partner, lawyer

Trigub

Andrii Trygub

Associate Partner, Attorney

S-Partners

News and publications

S-Partners
The results of conscientious work

Awards