Evolution Of Scientific Approaches To Understanding Local Corporate Lawmaking

Abstract

The article analyzes the origins of the modem understanding of local corporate lawmaking of corporations. The works of both representatives of the Soviet doctrine of the state and law, and the works of modern scholars were analyzed - in particular their views on local lawmaking and local corporate lawmaking of legal entities.

The author expresses an opinion that most modern approaches stem from the doctrine of lawmaking of the Soviet period of science development and do not correspond to the modern development of the legal system (including such a complex area of law as corporate law) and economic relations in Ukraine. The author notes that among the types of local lawmaking, representatives of modern legal theory most often single out lawmaking of non-governmental organization, which dates back to the 70s of the XX century, suggested that they do not take into account the then understanding of the concept of «non-governmental organization».

Concluded that in most works on the theory of law, which distinguish local lawmaking as an independent form, the focus is on lawmaking, which is specifically associated with executive agencies and labor relations.

The author draws the conclusion that local corporate acts appeared in Ukraine and received the first theoretical substantiation by scientists because of the development of market relations and entrepreneurship, as well as the presence of dispositive norms in the laws or lack of regulation of certain relations. These allowed achieving such a settlement by adopting local regulations: the constituent documents (statute and founding agreement) and acts of internal regulation of the legal entity (so-called internal corporate acts).