Constitutional, legal and methodological principles of the functioning of the corporate sector in the context of harmonization with EU legislation

Abstract

The study is aimed at a comprehensive theoretical substantiation of an integrative constitutional and legal concept of the corporate sector functioning and the formulation of specific methodological recommendations that will allow combining domestic law and European standards, while ensuring the fundamental principles of corporate activity.

The methodological basis of the research is formed by the dialectical method of cognition, which allowed examining corporate relations in their constant development, interconnection, and the dynamics of legal framework support. Due to the historical method, the key stages and specifics of corporatism evolution are briefly analyzed. The hermeneutic method is applied for the legal interpretation of the content of Ukraine's constitutional provisions and the regulatory framework of the EU acquis communautaire. By means of the methods of analysis and synthesis, a practical algorithm of actions necessary for the effective and conflict-free implementation of European regulatory standards into the national legal framework without losing its authenticity is investigated.

The article explores the fundamental constitutional basis for regulating the corporate sector activity, in particular, the parity between private capital and public interests, the principles of corporate social responsibility, the legitimization of land use, and guarantees of fair competition.

The structure of European corporate law, codified by Directive (EU) 2017/1132, is analyzed, and key supranational standards (publicity, capitalization, structural reorganization, cross-border integration, and investor protection) are differentiated. It is proven that effective approximation of systems is impossible without the implementation of related institutions, such as personal data protection, digital compliance, as well as corporate sustainability and due diligence regarding human rights and the environment. The essence of supranational imperatives (the primacy of EU law, direct effect, non-discrimination) and their impact on the transformation of law enforcement are substantiated.

It is concluded that proper harmonization of EU legislation in the corporate sphere requires the regulatory approval of a unified Methodology of Legal Approximation in Ukraine. Such a technological matrix should deploy multilevel modeling that combines tools of incorporation and adaptive reformulation, contains a terminological audit of definitions for compatibility with domestic codes, a scale of compliance gradation, and mandatory cross-sectoral expert evaluation of legal innovations. The aforementioned will allow preserving the authenticity of the Ukrainian legal language and ensuring the stability of the national legal order during integration.