Legal regulation of the participation of foreigners in the supervisory boards of state enterprises

Abstract

Background. The draft law on the requirements for independent members of the supervisory boards of state-owned enterprises submitted by the People's Deputy of Ukraine makes it impossible for foreigners to participate in the supervisory boards of a state-owned enterprise. The main requirements in the bill are citizenship, age, period of residence in Ukraine and knowledge of the state language, but there are no professional requirements. In this regard, it is worth conducting a study on the participation of foreigners in the supervisory boards of state-owned enterprises.
An analysis of recent research and publications has shown that, despite the existence of scientific achievements, an important scientific and practical problem of participation of foreigners in the supervisory boards of state-owned enterprises has not yet been fully explored.
The purpose of the article – is the participation of foreigners in the supervisory board of state enterprises.
Materials and methods. In the course of the research general and special methods of cognition of legal phenomena and processes were used: dialectical, system approach, formal-logical, generalization, comparative jurisprudence. The information base of the article is the constitutional, corporate and economic legislation of Ukraine, the decision of the Constitutional Court of Ukraine, the works of domestic scientists.
Results. A study of current legislation, the practice of the Constitutional Court of Ukraine, scientific work on the participation of foreigners in the supervisory boards of state enterprises. According to the results of the study, the participation of foreigners in the supervisory boards of state enterprises is due to the need to disseminate the experience of effective corporate governance. Secondly, Ukrainian legislation does not prohibit the participation of foreigners in the supervisory boards of state enterprises. Thirdly, the participation of foreigners in the supervisory boards of state-owned enterprises does not pose a threat to Ukraine's national danger, as under certain conditions foreigners may even be admitted to state secrets. But information about the activities of a state-owned enterprise is not a state secret.
Conclusion. The state is a guarantor of equal protection of all economic entities, regardless of ownership. All subjects of property rights are equal before the law in exercising their rights and obligations. In this regard, foreigners have the same rights and obligations as citizens of Ukraine. The appointment of foreigners to the supervisory board of a state unitary enterprise is not a threat to the national security of Ukraine. Information on the activities of such a state-owned enterprise is not information with limited access, on the contrary, state-owned enterprises are obliged to publish information on their financial and economic activities annually. There are no restrictions in the legislation of Ukraine on the appointment of foreigners to the supervisory boards of state unitary enterprises. It is impossible to agree with the proposals contained in the draft Law № 3487 of 15.05.2020 on the requirements for candidates for the position of an independent member of the Supervisory Board.