Open access
LEGAL PROBLEMS OF THE CREATION AND FUNCTIONING OF PUBLIC LAW LEGAL ENTITIES
Viktoria F. PIDDUBNA1
Publication language: English
Journal article
Transformations No. 4 (119) 2023, Publication date: 29 December 2023
Keywords: legal entity of public law, creation, reorganization, enterprise, subject of public law
Abstract In this article, the author examines the creation and functioning of legal entities under public law. The article analyzes the legislative acts of Ukraine, Kazakhstan, and Georgia. The legal basis for the creation of a legal entity under public law is the Constitution of Ukraine and the law. The issues of the concept of sub-jects of public law and their classification are investigated. The legal nature of the enterprise, which is classified as a legal entity under public law according to current legislation, is determined. The author examines one type of legal entity under public law: the chamber of commerce and industry, its legal status, and the peculiarities of its creation and functioning. Formulation of the problem. In the Civil Code of Ukraine, which was adopted in 2003 and entered into force in 2004, in Art. 81, the classification of legal entities into legal entities under private law and legal entities under public law was fixed. To date, the Law on Legal Entities under Public Law has not been adopted, which would regulate the general provisions on this type of legal entities, and the procedure for the creation and functioning of legal entities under public law has not been defined in the current legislation. Within legal doctrine, the concept of legal entities of public law is formed, and the legal nature of this type of legal entities is investigated. The main problem in Ukraine during the recodification of the Central Committee of Ukraine is the issue of granting the status of a legal entity of public law to subjects of public law. Resolving the issue of legal forms of participation of subjects of public law in civil relations will depend on solving this problem.
Yaroslav Mudryi National Law University, Kharkov, Ukraine
ORCID: 0000-0001-6532-9884
E-mail: vitafpdd@gmail.com