PROBLEMS OF LEGAL SUPPORT OF THE HOLDINGS’ RELATIONS IN THE FIELD OF COMMERCIAL MANAGEMEN |
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Author |
 Stadnyk K. O., PhD. Student, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
24.10.2014 | Issues number |
2014 - № 4 (19) | Page |
170-179 |
Type of articles |
Scientific article | Code UDK |
346.546.7 | ISSN print |
2218-8010 |
Abstract |
Problem setting. Recently, the concentration of capital in economic activity became actual. Since the early 80-ies Twentieth century in the global economic system begin to operate so-called "global transnational’s corporations of the fourth generation" with organizational and legal form of holdings. Since then, the holdings have recommended themselves as stable and robust subjects of the global economy and now they are have wide prevalence. In TNC there is the most powerful concentration of capital, and holding — a tool for achieving both tactical and strategic objectives. One of the main functions of the state in the process of forming integrated structures — is a prevention of the monopolies because competition is an essential feature of a developed, civilized economy. Recent research and publications analysis. The proposed theme is not developed. Characteristics of holdings were engaged such foreign scholars as C. Portnoy, I. Shytkina, S. Sulakshyn, N. Psareva and others. In Ukraine this issue was involve by Zadyhaylo D., J. Lukacs, N. Pihul, N. Dekhtyar. Paper objective. The aim of the article is a general description of the category of holdings’ relationship, identify its strengths and weaknesses, and conducting of the legal and theoretical analysis of the definition and types of holdings’ relationship. Paper main body. The category of economic concentration in the form of the concentration of capital in today’s globalization is very actual. The most effective concentration of capital in Ukraine occurs in integrated formations such as multinational corporations, holding companies and clusters. The current state of national legislation in the said sphere does not correspond the requirements of modernity, it is expedient legislative provision of the basic concepts of processes of concentration of capital in order to avoid conflicts during implementation. Are considered preconditions and causes of appearance of relationship in the holding, the elements of these relations and offer a modern definition of the world experience. It is proposed the mechanism of "transparency" in the activities of holding companies to implement more effective public control. It is emphasized the urgency of implementation in Ukraine at the legislative level the government programs of clusters activity as a form of capital concentration, suggested approaches to understanding the clusters relationship. Conclusions. Will be ensured modernization of industrial production and increased its competitiveness in Ukraine by means the effective formation of holdings. Conclusions of the research. It is necessary to fix the categorical apparat on the legislative level, that regards to the activities of holding companies. It is necessary to fix the categorical apparat on the legislative level, that regards to the activities of holding companies: holding, the participant of the holding, a contract of the holding (including its content and form, the requirements for its registration, etc.) and others. |
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Keywords |
Legal; holding’s relationships; holding; holding’s contract; clusters. | ||||
Reviewer |
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External reviewer |
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Article in PDF |
4 170-179 | ||||
Bibliography |
none | ||||
Code DOI |
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16.09.2014