Проблеми визначення суб’єктів вчинення правочинів із заінтересованістю

For a long time, the institution of related-party transactions has remained outside the attention of scholars and practitioners due to the rather small regulatory framework governing the procedure for their execution. This is due to the fact that in Ukraine, a rather small number of business entities comply with procedure of execution and approval related-party transactions, and even in case of violation of such procedure, they do not apply for legal remedies to address the consequences of violation of procedure on related-party transactions. Such disregard for the legally defined procedure for related-party transactions has led to stagnation of legal regulation of the analysed corporate law institution for quite a long time. At the same time, an analysis of the existing gaps and ways to address them will help to develop modern approaches to ensuring transparency of corporate relations in terms of related-party transactions, which is important for the adaptation of domestic legislation to European standards. Parties to related party transactions play a significant role in ensuring transparency and compliance with integrity standards in corporate legal relations both in Ukraine and in other foreign jurisdictions. The interest of a certain person in a transaction usually arises in the context of business relations, corporate transactions or public procurement procedures, where the risk of conflicts of interests increases. Ukrainian law establishes a range of persons who are parties to such transactions, including, in particular, company officers, affiliates and/or controllers. A study of the legal regulation in the definition of parties to related party transactions under Ukrainian and EU law is necessary to find opportunities for the development of domestic corporate law, even in such seemingly unpopular institutions. Such studies also help to identify shortcomings in existing regulations and develop effective mechanisms to prevent abuses that may arise in corporate legal relations.