Non-Entrepreneurial Legal Entity: The Theoretical And Legal Analysis Of The System
Keywords:
legal entity, non-entrepreneurial legal entity, characteristics of a non-entrepreneurial legal entity.Abstract
The article is devoted to the theoretical and legal analysis of issues related to the range of problems connected with development of such legal model as ‘non-entrepreneurial legal entity’. In the scientific work the author makes an analysis of those concepts which are submitted by the leading Ukrainian scholars and concern the formation of civil-law terminology in general and that is applied to the non-entrepreneurial legal entities, in particular.
The author has concluded that it is expedient to apply the set of criteria during formation of the non-entrepreneurial legal entity. The article gives the definition of non-entrepreneurial legal entity in the narrow and broad meanings.
The author presents one’s own definition of the system of the non-entrepreneurial legal entity, as a legal entity of public or private law, whether of corporate or unitary type, which is specially established in the different areas of social life and endowed with a special legal capacity.
The non-entrepreneurial legal entity shall be entitled to carry out activities with a view to profit but it doesn’t distribute it among participants (members).
References
2. Venediktova I. V. Methodological principles of the law-protected interests in private law: monograph. Kharkiv: New Word, 2011. 260 p.
3. Kalaur I.R. Contractual obligations for the transfer of property for use: problems of theory and practice. Monograph. Ternopil: Textbooks and manuals, 2014. 480 p.
4. Luts L. A. Criteria of system analysis - methodological bases of the legal system study. Visnyk of Lviv university. 2001. Issue 36. P. 48-51.
5. Menyaev A. V. Legal status and system of non-profit organizations in Russian civil law: author’s abstract of diss. for degree of PhD in Law. Samara. 2011. 20 p.
6. Ozernyuk G.V. The system of civil contracts under the legislation of Ukraine and foreign countries. Scientific Bulletin of the International Humanitarian University. Series «Jurisprudence». 2011. Issue 1. P. 91-95.
7. Onischenko N.M. General characteristics of the legal system as an intergrating category of jurisprudence. Legal State: Yearbook of Scientific Papers of the Institute of State and Law after V. Koretsky of the National Academy of Sciences of Ukraine. Issue 2. K.: «The Legal Book», 2000. P. 62-75.
8. Olyukha V.G. Contract in civil law: concept, functions and system: diss. for PhD in Law. Kyiv National University after Taras Shevchenko. 2003. 191 p.
9. Shaganenko V.P. The system of law: concept, essence and significance. Legal Education and Science. 2013. No. 4. P. 36 - 40.
