Вплив Тринадцятої директиви права компаній ЄС (2004/25/ЄС) на розуміння непорушності права власності в Україні

In accordance with the obligations under the Association Agreement, the law of companies will be implemented in Ukrainian legislation, which comprehensively applies not only to corporate relations, but also, as evidenced by law enforcement practice, including the fundamental principles of constitutional and civil law. Among the latest European directives, the so-called "Thirteenth Directive" deserves special attention, which provides for the regulation of a number of relations related to the acquisition of corporations. These relations require research in terms of the relationship between corporate governance and corporate property, which ultimately causes a theoretical and legal problem of assessment of the balance of property institutions and legal entities. With this in mind, we aim to consider the impact of Directive 2004/25/EC on the understanding of the inviolability of property rights in Ukraine. We draw your attention to the fact that the implementation of any institutions must be “permeated” by the national understanding of existing and implemented relations. Thus, the so-called “mechanical implantation” (especially in terms of possible options for rule making) which cannot be considered as a necessary way to harmonize. It should be understood that the purpose of approximation of legislation is to ensure the EU's four fundamental freedoms: the free movement of goods, services, capital and people. The very understanding of legal phenomena that are transnational in nature must be shared. Thus, corporate ownership and corporate governance need a corresponding modern rethinking in the context of European integration. The path taken by EU member states, in particular in the long-term “development” of common “rules of the game” in corporate relations, rather indicates the perception of the squeeze-out model, and the public interest is somewhat narrowed, even “privatized” to some extent. At the same time, the general principles (both constitutional and civil) remain unchanged, although they need some rethinking. Thus, the inviolability of property rights, the legitimacy of deprivation of property, business risk, fairness, good faith and reasonableness - these are the measures of proper legal regulation and the rule of law