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Non-entrepreneurial legal entities in the private law of Ukraine


Work number - M 56 FILED

Kochyn V.V.

Academician F. G. Burchak Scientific Research Institute of Private Law and Entrepreneurship NALS of Ukraine

The purpose of the study is to establish the peculiarities of civil law regulation of the status of non-entrepreneurial legal entities, as well as the development of the theoretical mechanisms for its improvement.

The work is devoted to the comprehensive study of the civil status of non- entrepreneurial associations and foundation within the institution of a legal entity of private law. The preconditions of the participation of non-entrepreneurial legal entities in civil relatives, their concepts, features and types, the grounds for their creation and termination, as well as doctrinal approaches to understanding their civil legal personality are considered. The peculiarities of management of non-entrepreneurial societies, as well as realization of rights and fulfillment of obligations by their participants (members) are analyzed. According to the results of the study, it is suggested to allocate the following types of non-business partnerships: privately-owned (association, association of co-owners, fund and non-entrepreneurial cooperative) and socially useful (public association, self-regulatory organization, public formation). The formed proposals for improving the regulatory and legal regulation of non-business partnerships.

The following taxa of legal entities of private law are allocated: 1) a subtype - in accordance with the substrate (basis) of the creation of a legal entity of private law; 2) genus - in accordance with the purpose of creation and the legal fate of the profit (income) received; 3) group - in accordance with economic interests, which are implemented by legal entities; 4) subgroup - in accordance with the details of the interests that are being implemented and the availability of authority (the possibility of self-regulation of relations within and outside the organization); 5) the form - in accordance with the organizational-legal form of legal entities of private law, enshrined in the law; 6) auxiliary form - in accordance with the specifics of relations that arise in accordance with the organizational-legal form.

The total number of scientific works is 119, including 100 works, in particular: 2 monographs, 5 sections in collective monographs, 7 articles in collections of scientific works, 2 commentary on legislation, 21 scientific articles published in editions included Ministry of Education and Science of Ukraine to the list of scientific professional editions on legal sciences; 2 scientific articles in international journals and editions of foreign states, 61 theses of speeches at conferences, round tables and other scientific articles.

According to the search engine “Google Scholar”, the total number of refereed publications V. V. Kochyn - 57, the total number of citations of scientific works included in the cycle is 23, h-index = 2, 10-index = 1

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