The Legal

All these considerations lead to the conclusion that a more precise and adequate definition of today's realities control. The author believes that control of the company reflects the ability of the controlling group in accordance with their own interests determine the policies of the company, appoint and dismiss its governing bodies, dispose of his property, material and financial flows, and assign the lion's share of income of the company. In other words, corporate control must be understood as an integral mechanism covering imperious and financial components. In practice, it is extremely difficult to distinguish the influence (pressure) exerted on top management on the part of any group of real control over the company. How to determine who it controls a specific company? Very simply, any decision taken by the leadership of the company, which is in conflict with the interests of the controlling group, it can be blocked or canceled. In other words, the control based on the principle there is no alternative. Business practices and foreign countries, and Ukraine is replete with examples of forced replacement of top managers as a result of the arrival of the new controlling group. But remember the 'change of playing trains' in such enterprises as 'Ukrrechflot', Kyiv factory of technical papers, Dnepropetrovsk central market (the famous 'Ozerka'), Lviv agricultural firm 'Provsen', 'Dneprfarm' and others.

So establish for certain what kind of group controls a specific company, can only determine whose instructions and orders do top managers of the company. But what about the legal aspect corporate control? Let's start with a simple – with control over businesses, where the legal owner is clearly defined. These include, for example, private and public enterprises. In some situations, the real control can be carried out not only the legal owner, but a third party by means of indirect methods of control – credit, proxy voting, a violent seizure, illegal court decisions, business ties, personal arrangements, etc.

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