КОНФЛІКТ ІНТЕРЕСІВ В КОРПОРАТИВНИХ ЮРИДИЧНИХ ОСОБАХ

Authors

  • Сергій Миколайович Мудрий Господарський суд м. Києва

Keywords:

conflict of interests, corporate legal entity, individual interests, corporate interests, corporate relations, reputational risks, conflict resolution, internal policies, system of management bodies, owner of corporate rights

Abstract

The article is devoted to the problem of conflict of interests that may arise in the management of corporate legal entities. The most widespread factors that can cause a conflict of interests are analyzed, such as a clash of individual and corporate interests, insufficient transparency of decision-making processes and a low level of ethical awareness of the manager. The article focuses attention on the negative consequences of the conflict of interests, which can affect the reputation and financial stability of corporate legal entities. Approaches to resolving conflicts of interest based on the development and implementation of ethical codes, the creation of independent committees for conflict resolution, and the involvement of external consultants have received scientific justification. The article contains an analysis of current legal and legislative aspects and those that are within the scope of the legislative initiative aimed at ensuring transparency in the settlement of conflicts of interest in corporate legal entities. The author provides recommendations on improving the legal regulation of internal policies in order to ensure effective management of conflicts of interest. The author concludes that: the naturalness of any person as a physical being presupposes the presence of following one's own interest, and the system of management bodies of a business entity only outlines their direction in the directions of possible realization; the choice of organizational and legal form of a legal entity can influence the choice of corporate governance structure and  future features of lobbying interests of interested parties, taking into account the field of activity; the fundamental principle should be implemented in the basis of avoiding contradictions in the corporate sector: the state, in the person of authorized bodies, ensures the interests of participants in corporate relations, by balancing the general economic interest of each carrier (shareholders, as owners of corporate rights, a jointstock company and its officials).

Published

2023-06-23

Issue

Section

Journal Articles