10. Economic Science

Candidate of economic sciences Pron`ko L., assistant Lebedeva N.

Vinnitsa National Agrarian University

DEVELOPMENT PROSPECTS OF PROPERTY RELATIONS

IN THE LIMITED COMPANIES

The limited companies are one of the most widespread legal-organization formations the in rural locality. However the process of creation and functioning of such enterprises, next to the positive moments of their activity, has a range of failings from the point of view of democratization of management and social justice.

One of ponderable problems is that the hired workers who recently worked and were the full-fledged members of CAE today do not almost take part in the management of company and acceptance of important decisions (their voice means a little).

An important question appears to perfection of relations of property in activity of the limited companies.

Nowadays in Ukraine it has not been created yet the legislative base of the direct settlement of this legal form activity as structure of corporate type, it has not been developed the mechanism of legal responsibility for making a contract by a director without the consent of company participants meeting. It is therefore worth to define, who are founders, and who are the participants of the limited company in the country.

According to law, founders are persons who has conducted work on creation of company to the moment of its registration. Participants are workers who are in society from the moment of registration to stopping of its activity. Thus, after registration of company founders become participants automatically.

According to law of Ukraine “About economic companies” item 41 and 59 [3] meeting of participants decide only such questions as: making alteration in regulation of company; determination of basic directions of company activity; establishment of size, order and form of bringing additional payments, decision of question about acquisition of participant particle by company; electing and recall of members of executive branch and checkup committee; claim of annual reports of activity, claim of reports and conclusions of checkup committee, order of division of income, determination of losses coverage order; creation and liquidation of the associated companies, branches and representative offices; claim of agreements, concluded on a sum which exceeds indicated in regulation of company, and others like that.

It is worth to extend and complement a legislative base in relation to activity and management in limited companies. The first suggestion is introduction of measures on defence of rights for those company participants who have in an aggregate to 10 % voices. Protecting their rights is possible by the regulation position “About defence of rights for a minority”: participants who own together not more than 10 % voices, have a right to require convocation of extraordinary meeting of participants at any time and at any reasons which conflict with activity of company [1].

Next direction of improvement of company activity is development of instructions and positions about a management, where must be specified its plenary powers, order of work, registration of decisions and others like that. Set instruction about activity of management necessarily must become firmly established by the meeting of participants [2].

The legislation of Ukraine has not spared the proper attention to the requirements to the officials of the limited companies. As it has been mentioned, a right for disposing of property do not give absolute power over it, especially in the field of division (appropriation). A right for disposing of property in a great degree is the form of collaboration between officials and production-technological personnel of enterprise.

So, if company is located in rural locality, it would be expediently to provide with plenary powers all of the hired workers, peasants which live there, that worked and work presently, and those, who works more than 3 years too. Moreover each of them is the proprietor of lot land and property share. Such introductions in rural locality are instrumental in the improvement of psychological climate in collectives, defence of rights for shallow shareholders and embodiment of postulate: all, who are born on land, must be its owner [1].

Taking into account our legislative base, it should be noted that it is so incomplete, that allows participants to avoid responsibility for offence to company, norms are not conditioned about obligatory responsibility of company participants.

Unlike the Ukrainian legislation, for violation of rules of administrative activity, wrong estimation of holdings et al in the legislation of Germany it is predicted administrative, and criminal responsibility. At creation (re-registering) of LTD in Ukraine it is not predicted responsibility of officials and participants for untruthful information about the debt of society, but the obligatoryness of its compensation is suppressed [2].

According to the above mentioned , the head stone of problem is an urgent necessity of legislative base perfection in relation to the increase of responsibility level of participants of the limited company, which will enable to improve its financial, and economic activity.

LITERATURE:

1. Netska L.S. Legal status of the limited company: autoref. diss. on the receipt of sciences. degree of cand. law. sciences / Л.С. Netska– к., 1998.

2. Pron`ko L.М. Management property in the limited companies / Л.М. Pron'ko of // of Agroinkom. – 2008. – №3–4. – p. 60–63.

3. About economic societies: A law of Ukraine by19.09 1991р. №1576 – ХІІ. /[Electronic resource] / Access mode / www. nau .kiev. ua

4. About a management corporate rights: A decision of KMU by 15.05.2000р. /[Electronic resource] / Access mode / www. nau. kiev. ua.

5. Samoylyuk О. Law aspects of of efficiency increase LTD. In rural locality // Enterprise, economy and right. – 2004. – №12. – p. 44–46.