Modern Legal Regime of Transnational Groups of Companies

ABSTRACT for the final qualifying work by V.Y. Kochetkov on the topic of the study: "The modern legal regime of cross-border groups of companies" In the final qualifying work, the general theoretical foundations of the regulation of cross-border groups of companies in the doctrine of law and legislation are investigated. The analysis of the international legal status and responsibility of cross-border groups of companies at the present stage is carried out. The current development trends and issues of cross-border insolvency (bankruptcy) of groups of companies in international practice are revealed. The purpose of the study was the need to substantiate and identify the features of the modern legal regime of cross-border groups of companies. Research objectives: to characterize the basic concepts and types of cross-border groups of companies in modern domestic legislation and international private law; to consider the signs of cross-border groups of companies; to determine the features of the legal status of cross-border groups of companies; to investigate the responsibility of cross-border groups of companies and their structural divisions; to identify the features of insolvency (bankruptcy) of cross-border groups of companies in domestic and international legislation and practice; to analyze current issues and trends in the internationalization of cross-border groups of companies at the current stage of development. The methodological basis of the study was the general scientific dialectical method, as well as private scientific and special research methods based on it. The main results of the study: 1. It is determined that within the framework of a conceptual understanding of the structure and mechanisms of functioning of groups of companies, there are two main approaches to their construction - institutional and contractual. 2. It is established that in foreign practice, the problems of legal regulation of complex corporate entities, known as groups of companies, are reflected in the unified Model European Law on Companies of 2017. 3. It is proved that the existing traditional tools for determining the legal personality of cross-border groups of companies allow to establish the legal personality of only individual components of a group of companies, but not the group itself as a whole. 4. The analysis showed that a number of states do not have special legislation regulating the activities and bankruptcy of cross-border groups of companies. 5. It is proposed that for effective international legal regulation of the status and activities of transnational groups of companies in the future, it is necessary to develop a special interstate act by analogy with the Charter of a European company.