To the definition of the concept of «public formation»

Abstract

The article is devoted to the legal nature of public formation and the problem of determining the appropriate definition. The essence of public formation as an independent institution of public society is analyzed. A comparison and comparison of the concepts «participant in civil relations» and «public formation» was carried out. The definition of public formation and types of public formations given in the sectoral regulatory legal act: the Law of Ukraine «On State Registration of Legal Entities, Individual Entrepreneurs and Public Formations» – political parties, public associations, professional unions and their associations – is characterized, creative unions, permanent arbitration courts, employers’ organizations and their associations, separate divisions of foreign non-governmental organizations, representative offices, branches of foreign charitable organizations. A conclusion was drawn on the division of public formations into those that have the status of a legal entity, and public formations that do not have the status of a legal entity. It is noted that there are such terms synonymous by their legal nature in the field of accounting of public entities as «state registration», «legalization» and «accreditation». The information on the types of public formations that must be entered into the Unified register of public formations – an electronic database containing information on the relevant legalization (registration) – has been analyzed. Attention is focused on the fact that we are talking about political parties; NGOs; trade unions, trade union organizations; employers’ organizations, associations of employers’ organizations; all-Ukrainian, local associations of credit unions; charitable organizations: all-Ukrainian, international, local charitable organizations, branches, branches, representative offices of all-Ukrainian, international charitable organizations; creative unions; Chambers of Commerce and Industry: Chamber of Commerce and Industry of Ukraine, Chamber of Commerce and Industry of the Autonomous Republic of Crimea, regional Chambers of Commerce and Industry; permanent arbitration courts; associations of local self-government bodies. Since the current national legislation does not contain a definition of public formation, based on the results of the research, such a definition of public formation is proposed as an organization that is created and functions in order to satisfy various public rights and interests.