Issue 19(31)
DOI: https://doi.org/10.33098/2078-6670.2025.19.31.298-303 Khodak S. Corporate governance in Ukraine and the EU in the context of the abolition of the Commercial Code
Khodak S. Corporate governance in Ukraine and the EU in the context of the abolition of the Commercial Code
Objective. The purpose of this article is to outline the main directions of development of corporate legislation in the context of its adaptation to EU law. Also, to solve a number of problems that we will face in the transition period after the abolition of the Commercial Code of Ukraine.
Methodology. Among the philosophical, general scientific and special scientific methods used in the presentation of judgments, analysis of the content of current legal acts of legislation, relevant EU directives and regulations in the field of corporate governance, the following were used: formal-logical and system-structural methods. A comparative analysis was carried out, comparing corporate governance norms and practices in Ukraine and the EU countries. Systemic analysis is the consideration of corporate governance as a complex system influenced by various factors, including legislation.
Scientific novelty. The scientific novelty of the article lies in the study of the extent to which the abolition of the Commercial Code of Ukraine brought Ukraine closer or further away from European corporate governance standards, and the study of the adaptation of Ukrainian companies to the new conditions of corporate governance regulation. The author analyzes specific aspects of corporate governance (e.g., shareholders’ rights, supervisory boards, information disclosure) in the context of the abolition of the Commercial Code of Ukraine and European practices. An in-depth study of certain elements of corporate governance may reveal new trends and problems.
Results. The author identifies key changes in corporate governance regulation in Ukraine after the abolition of the Commercial Code. Comparative analysis of corporate governance practices in Ukraine and EU countries. Identification of the degree of compliance of Ukrainian legislation and practices with European standards. Identification of potential problems and risks associated with the abolition of the Commercial Code of Ukraine for corporate governance. Theoretical generalizations on the impact of legislative changes on corporate governance in the context of European integration are investigated.
Practical significance. The results of the study can be used in the development and improvement of corporate governance legislation in order to harmonize it with EU law. The study can provide information to improve the supervision and control of companies. Your research may become the basis for further research in this area.
Key words: business activity, corporate governance, EU Directives, transition period.
References
1. Kibenko, O. R. (2005). Yevropeiske korporatyvne pravo na etapi fundamentalnoi reformy: perspektyvy vykorystannia yevropeiskoho zakonodavchoho dosvidu u pravovomu poli Ukrainy [European Corporate Law at the Stage of Fundamental Reform: Prospects for Applying European Legislative Experience in Ukraine’s Legal Field]. Seriia “Yurydychnyi radnyk”. Kharkiv. (in Ukrainian)
2. Association Agreement between Ukraine, of the One Part, and the European Union, the European Atomic Energy Community and their Member States, of the Other Part: Law № 1678-VII from 16.09.2014. Zakonodavstvo Ukrainy. Ofits. vebsait. Aviable at: https://zakon.rada.gov.ua/laws/show/984_011#Text (accessed 22 May 2025) (in Ukrainian)
3. Directive 2007/36/EC of the European Parliament and of the Council of 11 June 2007 on the Exercise of Certain Rights of Shareholders in Listed Companies] LIGA:ZAKON. Aviable at: https://ips.ligazakon.net/document/EU070026 (accessed 22 May 2025) (in Ukrainian)
4. Directive 2006/43/EC of the European Parliament and of the Council on Statutory Audits of Annual and Consolidated Accounts. Legislation of Ukraine. Official website. Aviable at: https://zakon.rada.gov.ua/laws/show/994_844#Text (accessed 22 May 2025) (in Ukrainian).
5. Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the Annual Financial Statements, Consolidated Financial Statements and Related Reports. LIGA:ZAKON. Aviable at: https://ips.ligazakon.net/document/MU13169 (accessed 22 May 2025) (in Ukrainian)
6. On Capital Markets and Organized Commodity Markets. Vidomosti Verkhovnoi Rady Ukrainy (VVR), 31, 268. Aviable at: https://zakon.rada.gov.ua/laws/show/3480-15#Text (accessed 22 May 2025) (in Ukrainian)
7. Resolution “On Approval of the Principles of Corporate Governance” dated 22.07.2014 No. 955. Aviable at: https://zakon.rada.gov.ua/rada/show/vr955863-14#Text (accessed 22 May 2025) (in Ukrainian)
8. Reform of State Property Management. Aviable at: https://me.gov.ua/Documents/Detail?lang=uk-UA&id=dd071a48-27ce-444d-9166-2ba90c89a43f&title=ReformaUpravlinniaDerzhvlasnistiu&isSpecial=true (accessed 22 May 2025) (in Ukrainian)