Non-Commercial Legal Entities Of Public And Private Law: Problems Of Classification Criteria Improvement
The article is devoted to theoretical and legal analysis of issues related to the classification of legal entities by the order of creation, which is stated in art. 81 of the Civil Code of Ukraine. The scientific work analyzes the concepts of leading jurists of Ukraine concerning improvement of mentioned criteria.
The article researches division advisability of juridical units into legal entities of public and private law by the criterion of interest. It is proved that the category of interest is inappropriate to use as a separate criterion for dividing entities because it is conditional and does not lead to accurate classification.
It is concluded that the legal nature of the juridical entity of public law is determined by the order of creation as the main criterion and a number of additional civil criteria such as interest, legal status of the property, responsibility of the state or territorial communities by their obligations etc. This finding should be considered when determining the species belonging of any legal entity to the legal person of public or private law.