Legal Person Of Public Law And Legal Person Of Private Law: The Problems Of Delimitation
In this article the author’s opinion is that the procedure for the creation of a legal entity can not be the determining criteria for the division of legal entities into legal entities of private and legal persons of public law. Additional features of the distinction should be not only the legal nature of the act, on the basis of which was formed a legal entity, but also the organizational and legal form, as well as the purpose of the creation and operation of the legal entity and the functions entrusted to it.
It is researched that the creation of a state-owned enterprise in the form of a joint-stock company is the creation of a legal entity of private law. The fact that a joint-stock company is formed on the basis of state ownership does not imply that a newly formed person is a legal entity of public law. The state by transferring its property to the ownership of a legal entity acquires corporate rights instead.
As the author’s conclusion, it is proved that one of the key criteria for the distinction between legal entities of private law and legal persons of public law should be considered the organizational legal form in which a legal entity is created, which allows organizations, a group of individuals, an association or a state to participate in civil turnover.
2. Borisova V. I. To the problem of participation of public legal entities in civil legal relations. Materials of the international scientific and practical conference «Transformation of relations in Ukraine: organizational legal and economic problems». Odessa: ONU MONU, Astroprint. 2003. P. 7-8.
3. Resolution dated March 10, 2016 of the Supreme Economic Court of Ukraine in case No. 17/04/05/10-01-14-05-08/4129 URL: http://www.reyestr.court.gov.ua/Review/56481788