SPECIAL MEANS FOR THE PROTECTION OF INVESTORS INTERESTS IN COMMERCIAL LAW
Journal Title: Право та інновації - Year 2018, Vol 2, Issue 22
Abstract
Problem setting. Determining the means of protecting the interests of participants in investment activities by legal instruments of liability in the presence of investment risks that need to be investigated on the example of the largest part of the investment market - the securities market. Analysis of recent researches and publications. Some issues of the features of the protection of investors’ interests were researched by scholars and economists M.I. Braginsky, V. V. Vitnyansky, N. V. Vorobyova, O. D. Vovchak, S. V. Hlibko, I. S. Gutsal, O. V. Grigorash, P. Zapadka, O. I. Prikazjuk, V. M Stoika, O. A. Slobodyan, P. Tereshkevich. The target of research is to ensure the proper performance of the functions of securities market participants which become recipients of investments, they act as intermediaries in investment activities, including in the direct investment of them at the expense of borrowed funds. Article’s main body. The development of comercial-legal directions and means of eliminating the negative consequences of the existence of risks in investment activity should take into account the availability of investment risks in the activities of financial intermediaries, the impossibility of completely excluding for their clients the burden of investment risk, necessity of partial public-legal provision of interests of investors depending on the status of the subject. Despite the noted modern mechanisms for ensuring the rights of non-professional investors to the norms of European law of direct effect, it should be noted that in the Ukrainian legislation there are some mechanisms for protecting the “weak” party, which have already been transferred to the level of public-legal regulation. Conclusion of the research. Summarizing the research, it should be noted that the existence in the market of investment services of numerous financial risks, including investment, their influence on investment relations simultaneously consolidated with the inequality of the parties of these relations needs a legislative “equalization” of the weak side with the other party in terms of protection against abuse of the other party and for the fair distribution of risks between these parties and a study of the balance of rights. Further research needs a tool for consolidating and harmonizing the rights and obligations of the parties to legal relationships.
Authors and Affiliations
I. O. Shmilo
Keywords
Related Articles
- EP ID EP490756
- DOI -
- Views 76
- Downloads 0
ENFORCEMENT OF THE RIGHT TO LABOR IN THE CONTEXT OF THE EUROINTEGRATION OF UKRAINE
Problem setting. In modern conditions of Ukraine’s development one of the best ways to implement the national interests of the society, and one of the most important public policy issues is the process of joining to the...
СУТНІСНІ ХАРАКТЕРИСТИКИ ТА СПІВВІДНОШЕННЯ ПОНЯТТЯ «ЕКОНОМІЧНА БЕЗПЕКА ДЕРЖАВИ», «ЕКОНОМІЧНА БЕЗПЕКА РЕГІОНУ», «ЕКОНОМІЧНА БЕЗПЕКА ПІДПРИЄМСТВА»
Статтю присвячено аналізу сучасних характеристик економічної безпеки, співвідношенню понять «економічна безпека держави», «економічна безпека регіону» та «економічна безпека підприємства», з’ясуванню сутнісних характерис...
THE CONCEPT OF INNOVATIVE INFRASTRUCTURE: APPROACHES TO DEFINITION AND CHARACTERISTICS
Problem setting. Innovative infrastructure as subsystem of the NIS is its integral part mediating all stages of the innovation process and ensure the effective functioning of innovation. The problem of unsystematic appro...
PROBLEMS OF LEGAL PROVISION OF STATE REGULATION OF ECONOMIC ACTIVITY
Problem setting. The main task of the state is to ensure freedom of economic activity and to support the effective development of business, which is expressed in creating favorable conditions for it, protecting, on the o...
COMPETITION AS AN ELEMENT OF LEGAL STRUCTURE OF THE GROUND OF THE ARISING OF LABOUR RELATIONS WITH SCIENTISTS
The article is devoted to the procedure of competitive selection of scientific staff. The author emphasizes the gaps in legislation on the competition for researchers’ vacancies in the research institutions. The article...