Internetional Experience Of Legal Regulation Of The Status Of Non-Entrepreneurial Legal Entities

  • O.I. Zozuliak
  • Yu.I. Paruta
Keywords: non-entrepreneurial legal entity, legal status, society, association, membership.

Abstract

The article deals with studying the legislation of individual countries on the legal status of non-entrepreneurial legal entities. It is stated that in international practice there is no single term that would describe all non-entrepreneurial legal entities. Typically, several terms are used, such as non-for-profit orgnisation, non­governmental organization, charity organization, private voluntary organization, civil social organization.

In the scientific work authors analyzed the documents that are common to the whole European community and individual countries. The main features of non­entrepreneurial legal entities according to European standards are outlined. Among them: the main goal can not be making a profit, and in the case of making a profit it is aimed at achieving the goals for which the organization was created, non­entrepreneurial legal entities with legal personality acquire the same rights as other legal entities, the possibility of creating member organizations and organizations without membership. It is noted that the division of non-entrepreneurial legal entities on the basis of the system is the fundamental in Poland. That is why non­entrepreneurial legal entities in Poland are divided into companies and foundations. German law provides the creation of not only companies and foundations, but also associations that may not be intended for business purposes.

The scientific work studies not only the provisions of legislative acts, but also the scientific developments of domestic and foreign scientists. In particular, doctrinal approaches to non-entrepreneurial legal entities in Germany, Japan, England and Wales were studied.

It is concluded that it is not possible to accept the legal model of a non­entrepreneurial legal entity of a certain country and introduce it into national legislation, because each country has its own peculiarities.

Published
2021-01-17