KAREN MELIKSETYAN

PhD student at YSU Chair of Civil Law,

“FLASH” LLC lawyer

DOI: https://doi.org/10.59546/18290744-2023.10-12-57

Annotation.

This scientific article is devoted to the issues of abuse of law in corporate legal relations. Within the framework of the work, the concept, content, attributes and features of the abuse of corporate rights are revealed. In addition to the above, the approaches and views expressed both in theory and in law enforcement practice regarding the peculiarities of abuse of law in corporate legal relations, as well as the interpretation of judicial practice, are analyzed. On the other hand, the forms of abuse of corporate law, including corporate blackmail and business takeover, their essence, similarities and differences are discussed. The article touches upon the mechanisms of prevention and deterrence of abuse of law, the scope and effectiveness of liability measures to be applied against subjects abusing the law. In particular, attention was paid to the forms and means of protecting rights in cases of abuse of corporate rights, including in the context of jurisdictional and non-jurisdictional, claim and non-claim forms. The possibility and effectiveness of the application of liability measures applied in case of abuse of civil rights in corporate relations were also discussed, analyzing the possibility of introducing sanctions inherent in corporate legal relations. At the same time, the legal consequences of the abuse of corporate rights in venture joint-stock companies were studied, and it was also proposed to provide for the legislative possibility of restricting and/or depriving the rights, privileges and advantages of venture investors.

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