Soloviov B. The right to information in the legislation on corporate relations: national and foreign regulation experience

DOI: 10.33098/2078-6670.2021.11.23.133-145.

The purpose of the article is to carry out a theoretical and legal analysis of the right to information in national and foreign legislation on corporate relations and to develop substantiated theoretical conclusions on the improvement of national corporate legislation. Methodology. The following general scientific methods were used in the process of research object analysis: the method of analysis, synthesis, deduction, abstraction, comparison, system-structural, structural-logical methods. Comparative legal and formal legal methods have become the basis for the analysis of national and foreign corporate legislation, identification of similarities and differences in the general principles of respective legal relations regulation. Findings. The study found that the right to information is a guarantee of corporate rights and legally protected interests of corporate legal entity (corporation) members, as information enables corporation members to exercise their corporate rights properly. The analysis of national legislation gives grounds to state that the legal norms enshrining the right to information in corporate legal relations and the order of its realization, are formulated unsystematically and in an abstract way. National corporate legislation acts do not contain a detailed list and types of information to which a corporation member is entitled. Originality. Analysis of the main corporate legislation acts of the United Kingdom of Great Britain and Northern Ireland, the Commonwealth of Australia and Canada gives ground to state that the right to information in corporate relations is considered to be the right to any information about the corporation in the Anglo-Saxon legal family. Practical significance. The need of making changes to national corporate legislation acts in the process of recodification of the civil legislation of Ukraine has been proven. It has been proposed to recognize any information about the corporation and its activities as an object of corporate relations whether this information directly or indirectly concerns the exercise of members’ corporate rights or performance of respective duties, and to detail the way of the right to information realization in corporate legal relations.

Key words: corporate information; recodification of civil legislation; corporation; right to information; corporate legal relations; corporative management; corporate legislation.

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