Administracinių ir civilinių teisių sàveika bendrovių valdyme

Abstract

The article deals with some interaction principles between administrative and corporate law. The first part of the article emphasizes the purpose of administrative legal regulation to ensure human rights. It is evident that administrative legal regulation aims to ensure public interest. However, the problem arises while trying to define and distinguish private and public interest. Recently the integration between the latter legal categories has been discussed. Furthermore, some of human rights are ensured for legal entities including corporations. The most significant reason with regard to interaction between administrative and corporate law is the fundamental requirements for the protection of the individual’s property rights. If economic and social property aspects are not formalized within the system of property rights, transferring of property into the market becomes complicated. Therefore transferring of tangible property into capital (stock) requires integrated and complex process. The formal system of property rights starts with the description and organizing of economic and social property aspects. The information due to property must be ensured and protected by registry system while the title is to be fixed as well. Furthermore, the state’s effective intervention by administrative means could be useful. For example, the state could ensure information about the company’s availability and transparency. Thereby the property rights of shareholders, creditors and consumers are protected.
The second part of the article analyses the legal principles of administrative legal regulation while assuring the rights of shareholders. It deals with the attitude towards the corporation as a ‘public’ entity. Lately the question dealing with object of administrative legal regulations and its interaction with corporate legal regulation remains debatable. As the range of the object of administrative legal regulation expands, the administrative costs increase meanwhile the individual’s rights become limited. For that reason issuing of the legal acts requires evaluation of the obtainable effect, of the administrative costs and consequences unavoidably including the adequacy principle.