Civil-legal nature of corporate legal relations in Ukraine: problematical issues

The article is devoted to the definition of the legal nature of corporate legal relations in Ukraine. The author analyzes polar scientific approaches in determining the place of corporate law of Ukraine in the system of law through the essence of corporate legal relations as the core component of corporate law. Various scientific views on the legal nature of corporate legal relations are examined. The main provisions of the economic and legal theory (limitation of autonomy of will and organization of corporate legal relations) are established. The scientific article argues that organizationality in corporate legal relations is not a criterion of their economic and legal identity. The factor of organizationality in the law does not deny the civil-law nature of corporate legal relations, since the organization in them does not have a public legal basis. In addition, organizationality is a manifestation of the ordering of all social ties, as a form of efficiency in achieving the legal result. The restriction of the principle of autonomy of will in corporate relations is correlated with the civil-legal nature of relations of representation, which, by virtue of the law or the essence of such relations, allow the restrictions on the will of their participants to be established. The civil-legal nature of corporate legal relations is determined by their content. Despite the fact that the concept of corporate rights is given in the Economic Code of Ukraine, their content is disclosed in the Civil Code of Ukraine, the provisions of which regulate the procedure for the appearance, implementation, protection and termination of corporate duties. In addition, the subjects of corporate relations are the corporation and its participants (founders). The object of corporate legal relations is specified by private-legal content, which affects the nature of such legal relationships. (they have the legal, legal and obligatory legal nature, respectively, the property and nonproperty, organizational form of their incarnation).