Peculiarities of corporate law of ukraine in conditions of martial law

The article provides an in-depth analysis of the transformations of Ukrainian corporate law under the legal regime of martial law introduced in response to the armed aggression of the Russian Federation against Ukraine. The main trends in the legal regulation of corporate activity under the impact of external threats and crisis phenomena-such as disrupted communications, displacement of labor resources, physical destruction of assets and infrastructure-are identified. It is established that the specific features of corporate sector functioning during this period include the formalization of simplified procedures for convening general meetings, remote voting mechanisms, deferral of information disclosure obligations, automatic extension of managerial mandates, and suspension of certain licensing requirements. The focus is placed on the issues of compulsory seizure of corporate rights in strategically important companies, legal consequences of state intervention in the property sphere, and the risks of investment arbitration. The legal nature of sanctions restricting corporate rights of entities associated with the aggressor state is also examined. The paper analyzes prospects for post-conflict recovery of corporate governance, the role of digital instruments, the imperative of ensuring transparency, reinstatement of competitive selection procedures, and the independence of supervisory boards. Conclusions are drawn regarding the necessity of reforming corporate legislation based on the principles of sustainability, legal certainty, and a balanced relationship between public and private interests. In this context, the task of forming a new model of corporate regulation capable of operating effectively under conditions of legal uncertainty, security threats, and limited resources becomes increasingly urgent. It is demonstrated that martial law has served as a catalyst for the introduction of digital solutions in corporate governance, which should be preserved and institutionalized in peacetime. Issues concerning the protection of minority shareholders’ rights, equal access to participation in decision-making, and legal liability for violations of internal corporate procedures have gained particular significance.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-06-24
DOI
https://doi.org/10.24144/2788-6018.2025.03.1.58
Primary Topic
Legal Studies and Reforms
Type
article
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article

Peculiarities of corporate law of ukraine in conditions of martial law

A. S. Holovachova
Analytical and Comparative Jurisprudence
Legal Studies and Reforms
article

Peculiarities of corporate law of ukraine in conditions of martial law

A. S. Holovachova
article en

Abstract

The article provides an in-depth analysis of the transformations of Ukrainian corporate law under the legal regime of martial law introduced in response to the armed aggression of the Russian Federation against Ukraine. The main trends in the legal regulation of corporate activity under the impact of external threats and crisis phenomena-such as disrupted communications, displacement of labor resources, physical destruction of assets and infrastructure-are identified. It is established that the specific features of corporate sector functioning during this period include the formalization of simplified procedures for convening general meetings, remote voting mechanisms, deferral of information disclosure obligations, automatic extension of managerial mandates, and suspension of certain licensing requirements. The focus is placed on the issues of compulsory seizure of corporate rights in strategically important companies, legal consequences of state intervention in the property sphere, and the risks of investment arbitration. The legal nature of sanctions restricting corporate rights of entities associated with the aggressor state is also examined. The paper analyzes prospects for post-conflict recovery of corporate governance, the role of digital instruments, the imperative of ensuring transparency, reinstatement of competitive selection procedures, and the independence of supervisory boards. Conclusions are drawn regarding the necessity of reforming corporate legislation based on the principles of sustainability, legal certainty, and a balanced relationship between public and private interests. In this context, the task of forming a new model of corporate regulation capable of operating effectively under conditions of legal uncertainty, security threats, and limited resources becomes increasingly urgent. It is demonstrated that martial law has served as a catalyst for the introduction of digital solutions in corporate governance, which should be preserved and institutionalized in peacetime. Issues concerning the protection of minority shareholders’ rights, equal access to participation in decision-making, and legal liability for violations of internal corporate procedures have gained particular significance.

Analytical and Comparative JurisprudenceVol. 1(3)
Institute of Finance and Banking (CN)
Openalex Percentile: Top 79%
Legal Studies and Reforms
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