Господарсько-правові аспекти обрання організаційноправової форми господарювання.

Abstract

This article examines matters of choosing legal forms of economic activity. It’s defined that initiallyfor choosing legal form of economic activity, it’s necessary to determineframe of reference for requirements to legal forms of economic activity in which legislation allows or obligate to act. Reasoned, that provisions of Economic code of Ukraine doesn’t determine single point of view related to choosinglegal forms of economic activity by the entity of particular legal form of concluding its economic activity. Simultaneously, two formulations are stated: «in any legal forms, determined by law, on entrepreneur discretion», «in legal forms of economic activities not restricted by law». Proved that it’s advisable to specify approach to choosing legal form of economic activity, that shall essentially combine public and private interests, and be the result of free choice of potential economic activity actor, taking to account demands to choosing legal form of economic activity, but only among forms stated by law. Suggested to amend provisions of part 1 of article 135 of Economic code of Ukraine, change formulation «in legal forms of economic activity, not restricted by law» to following «in other legal forms of economic activity stated by law». Concluded classification of requirements for choosing legal forms of economic activity on following groups: 1) requirements related to limitations to founders/participants of legal entity; 2) requirements related to capacity of concluding particular type of economic activity in specific legal form and other, defined by law.