On the essence of economic legal capacity

Abstract

The article focuses on the elucidation of the essence of economic legal capacity as an element of economic legal personality, the analysis of its essential characteristics, as well as the delimitation of this legal category with related ones.
 Economic competence indicates the economic rights and obligations the entity is endowed with by law and constituent documents. The economic legal capacity covers the scope of economic rights and obligations that the subject is able to possess in addition to those enshrined in the law and constituent documents.
 Economic legal capacity and economic competence, as elements of economic legal personality, exist in parallel, without intersecting with each other, and include all rights and obligations of a participant in economic relations.
 The scope of economic legal capacity of the subject may be affected by various factors, such as: the organizational and legal form of economic activity; the form of ownership underlying the creation and operation of the economic entity; the legal title of the property on which it is assigned by the founder to the economic entity; the level of the subject's solvency; support for the aggression of the russian federation against Ukraine; the structure of owners of the economic entity, etc.
 The primary purpose of assigning economic legal capacity to participants of economic relations is to ensure a balance of public (state, society, territorial community) and private (economic entity) interests when organizing and implementing economic activities. Achieving such a balance in the context of establishing specific economic rights and obligations (economic competence) in the legislation and constituent documents, on the one hand, should be facilitated by legal fixation of the dispositivity of the will when exercising the ability to have economic rights and obligations (economic legal capacity) – on the other hand.
 Economic legal capacity, as distinct from economic competence, is not mentioned in the text of the Economic Code of Ukraine. Exemption of the legislator from the need to specify the legal capacity is due to the existing presumption in law of the presence of economic capacity as part of economic legal personality as its element.