国民经济中私营协会的公司治理

Jelena Lepetić
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摘要

本文分析了《国有公司管理法》规定的公司治理规则。首先,本文指出了规范这一问题的复杂性,以及对塞尔维亚立法者产生影响的国际软法律文书的存在。然后,本文的中心部分介绍了有关国有公司机构的新法律制度的具体内容。首先介绍的是股东大会中涉及国家代表的特别规则,其次是涉及监事会成员的特别规则,最后是涉及董事的特别规则。考虑到《公营企业法》的规定仍适用于某些公司,本文还介绍了该法规定的公司治理解决方案。本文最后认为,法律制度确实得到了认可,但也指出了某些不足之处。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Korporativno upravljanje privrednim društvima u vlasništvu države
This paper analyses the rules on corporate governance which are provided for by the Law on Management of State-Owned Companies. At the beginning, the complexity of regulating this issue is indicated as well as the existence of soft law instruments at the international level which influenced the Serbian legislator. Then, the specifics of the new legal regime regarding state-owned company’s bodies are presented in the central part of the paper. First, special rules which refer to the state representatives in the general meeting of shareholders are presented, followed by those which refer to supervisory board members and finally those which refer to the directors. Bearing in mind that the provisions of the Law on Public Enterprises remain relevant for certain companies, the solutions regarding corporate governance provided by that Law are presented as well. At the end of the paper, it is assessed that the legal regime has certainly been approved but certain shortcomings are noted as well.
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