CORPORATE RIGHTS AS AN OBJECT OF JOINT MARITAL PROPERTY: PRACTICAL PROBLEMS OF DIVISION

Abstract

The issue of dividing corporate rights between spouses is a complex and underexplored aspect of property relations in family law in Ukraine. Corporate rights, as an object of joint marital property, combine financial and personal nonfinancial interests, making their division in court particularly challenging. The study encompasses an analysis of current Ukrainian legislation, including provisions of the Family and Civil Codes, the Law of Ukraine "On Limited and Additional Liability Companies," and relevant judicial practices.

Key aspects of Ukrainian case law have been examined, including the Constitutional Court of Ukraine's decision of September 19, 2012, No. 1-8/2012, which confirmed that a share in the authorized capital and the property of a private enterprise are objects of joint marital property rights. Supreme Court rulings establish that corporate rights acquired during marriage are considered joint property but can be divided through compensation to the other party. Particular attention is given to issues of proving the origin of funds used to acquire corporate rights and the need to consider the rights of third parties, such as company participants and creditors.

Special attention is given to the analysis of international experience, including precedents from the European Court of Human Rights (ECHR) and judicial practices of EU countries. ECHR precedents, particularly the case of Pressos Compania Naviera SA v. Belgium, emphasize the importance of ensuring a balance of interests for all parties involved in family disputes. The case also focuses on the broad definition of "property," the legality of its loss, and the need for fair balance in family law decisions.

Based on this analysis, recommendations for improving Ukraine's judicial practice have been proposed. These include adopting international standards, particularly the principles of the ECHR, developing specific legal regulations for dividing corporate rights, and ensuring the protection of third-party rights. Implementing such approaches would promote the fair resolution of disputes and align Ukraine's judicial practices with international standards.