Conditions Of Protection And Defense Of The Rights And Interests Of A Limited Liability Company On The Appeal Of Its Participant

  • I.V. Kraievskyi
Keywords: member of limited liability company, keeping and protection of the rights and interests of a limited liability company, conditions of keeping and protection of the rights and interests of a limited liability company by its member.


The main objective of protection of participant rights in the LLC is to ensure and guarantee his civil rights and interests, rights and interests of the company and other entities of civil relationships. The criteria of tasks execution of LLC participant rights protection is effectiveness. The question of effectiveness of way to protect participant rights and interests and right and interests of LLC in the legal relationships connected with its foundation and operation are topical. Under the circumstances of prolonged ambiguity of juridical practice, different scientific discussions the participant of LLC remains neglected as long as clear criteria and mechanisms for rights and legal interests protection are absent.

The article defines the position that the operation of a limited liability company may be directed not only to establish civil relationships, but also for their adjustment. The decision of LLC governing body may create, modify or terminate the rights and obligations of its participant or could not create such legal consequences. The above mentioned could be explained by the fact that there is operation of limited liability which affects its participants or creates their rights and obligations and also operation that affects third parties or created for them rights and obligations. Thereby, the former could be appealed by LLC participants, and latter could not be the subject of appeal on a claim of participants.