Modification Of Some Theoretical Approaches To Understanding Corporate Relations Under The Influence Of The Last Changes To The National Legislation

Abstract

The author investigates the most wide-spread approaches to understanding the nature of corporate relations. The first approach regards corporate relations in the narrow meaning so that these relations can exist only between the members of commercial corporations. The second approach is based on the civilistic interpretation of the legal nature of corporate relations and denies the possibility to refer these relations to the number of administrative ones. But the last changes in the Ukrainian legislation persuade, that there is a need to revise both approaches highlighted above. First, the procedural legislation has founded a wide approach to understanding corporate relations, according to which these relations exist not only in the commerce corporations, but in every kind of corporate legal persons. Second, an opportunity to delegate state powers to some types of NGOs, for example, to self-regulatory organizations, convinces that corporate relations not always base on the principals of judicial equity, free will and property independence. That is why they can belong to the administrative relations. The author argues that there is a need to revise a theory of corporate relations taking into account the changes in legislation mentioned in the article.