The concept and qualifying features of non-entrepreneurial associations in civil literature and legislation of Ukraine

Abstract

In the current conditions, there is a need for increased attention from the legislator to the regulation of various aspects of the activities of non-profit associations. Overall, the analysis of the doctrine on non-profit associations allows us to assert that this field of scientific knowledge is fairly well-developed. However, due to the recodification, there is a need for additional scientific research in this area.
The scientific article examines approaches to defining the concept of «non-entrepreneurial association» and explores its features. The authors of the article emphasize that the legal construct of the term «non-entrepreneurial association» is not perfect today. This situation is related to the «conditional» division of associations into entrepreneurial and non-entrepreneurial only through the prism of receiving and not receiving profit. It is emphasized that the absence of a clear, understandable definition of a non-entrepreneurial association at the level of the Civil Code of Ukraine also allows an inconsistent development of special legislation in this area. This situation leads to practical problematic questions regarding the classification of one association or another as a type of non-entrepreneurial.
The authors of the article provide a list of characteristics inherent to non-entrepreneurial association, through which they can be distinguished from other legal entities. At the same time, the authors also analyze the general civil law characteristics of non-entrepreneurial association, which any private law entity possesses. The authors suggest understanding the special characteristics of non-entrepreneurial association from several aspects, namely by dividing them into systemic characteristics, characteristics through which a non-entrepreneurial association is identified as a generic concept, distinct from the category of commercial partnerships, and so-called «status characteristics,» which detail the elements of its civil legal status.
The specified features reflect elements of the civil-law status of non-commercial associations, which are fully applicable to all non-commercial structures with the status of a legal entity. In our opinion, these features should be expressed in special legislative acts that regulate the legal status of non-commercial associations.