The article examines the peculiarities of the alienation of corporate rights in Ukraine during the reorganization of business legal entities. The purpose of the article is to determine the legal and economic essence of corporate legal relations during the reorganization of an entrepreneurial legal entity, as well as the influence of tax and civil legislation on the alienation of corporate rights. The methodological basis of the research is a system of complementary general scientific and special methods, which is a means of obtaining objective and reliable results. The following methods were used during the research: comparative-legal, dialectical, formal-legal, logical and systemic-structural analysis. The legal regulation of the reorganization of legal entities is determined by the Civil Code of Ukraine and the internal acts of these organizations, depending on the type and organizational and legal form of the legal entity formed according to one or another classification criterion. The existing state of legal regulation of the liquidation of entrepreneurial legal entities requires a scientific analysis by updating the legislative provisions in this area. In particular, considering the Civil Code of Ukraine and the Tax Code of Ukraine, we will pay attention to the lack of harmonization of tax and civil law regarding corporate legal relations during reorganization and alienation of corporate rights and protection of investors' interests. Termination of corporate legal relations during the reorganization of a legal entity for the purpose of taxation is the transaction of alienation of corporate rights. For the purpose of taxation, the tax law regulations provide for the tax-legal qualification of private-law property relations as objects of taxation and grounds for the emergence of tax liabilities.
The development is impossible without ups and downs, as a result the stability is disrupted. It is hypothesized that development cannot occur continuously, and therefore it does not exclude the possibility of unstable states. The enterprise unsustainable development is characterized by its financial failure, which is identified with its bankruptcy. At the same time, bankruptcy and liquidation of enterprises in Ukraine is currently a fairly common phenomenon. The purpose of the article is to systematize the methods of financial risk management of enterprises as an ingredient prevention of their financial instability and bankruptcy for achieving sustainable development. A set of general scientific and special research methods were used to solve the set tasks, in particular: generalization and comparison - to establish similarities and differences between the results of research by other authors regarding their understanding of the essence of the categories "development", "sustainable development" and "risk"; grouping of indicators - to operate with information of the kinds and types of risks existing in the scientific literature and to operate with statistical data of the initiated bankruptcy procedures number of legal entities in Ukraine; mathematical - to develop a model for determining the maximum allowable value of lost cash flow of the enterprise, graphic - to visualize the presentation of information, etc. It is substantiated that the prevention of bankruptcy of enterprises is a tool for the sustainable development ensuring. An economic and legal tool is the plan of sustainable development of the enterprise that helps to solve the problem. Its component should be an economic analysis of the company's financial condition. At the same time, any enterprise carries risks related with its business activities. Scientists mostly recommend to use the minimum cost criterion for measures to reduce risk to its acceptable level as the main criterion for risk management. However, the question arises: what risk is considered to be acceptable? For the determination it is advisable to model the movement of the company's cash flows and to identify the limits that lead to unacceptable results for the company, For example, that can lead to the deterioration of the company's financial condition as well as to its bankruptcy and even liquidation. It is taken into account that the economic activity of the enterprise can take place both under normal operating conditions and burdened by certain extraordinary events. The method of determining the maximum permissible risks for enterprises of two groups is substantiated: for the ones, which violation of the bankruptcy procedure in general is possible; for the ones, which violation of the bankruptcy procedure is unlikely. The events that determine the risks during the export of products are considered.
Shadow economy is a rather ambiguous and multifaceted concept. The shadow sector includes a variety of illegal activities as well as legal but unofficial or not formally recorded. The presence of shadow economic activity becomes a real problem for government regulation, especially in conditions of significant shocks, as it reduces fiscal potential, distorts development indicators and complicates any analytical conclusions about the state of the economic system. The purpose of the article is to highlight the theoretical foundations of the shadow economy, analyze the shadow sector of the Ukrainian economy and identify possible ways to minimize it. The authors used in the article historical and logical research methods that allowed us to characterize the socio-economic reasons for the emergence and scope of the shadow sector of the economy of Ukraine; abstract and concrete, which is used in the process of determining the impact of economic shadowing on certain areas of economic activity. The issue of the influence of the shadow economy on various aspects of state development is complex and requires detailed analysis. However, perhaps the most important thing is to maintain the security of the country as a whole, including its economic component. The expansion of the shadow sector of Ukraine's economy beyond the threshold determines the need to intensify theoretical and practical studies of the nature of the process of shadowing of the economy, limiting the negative effects of this phenomenon, the introduction of leverage the direct and indirect impact on the shadow economy of Ukraine, ensuring of the theoretical achievements for the formation of vectors of shadows.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.