Legal Entities Of Public Law Research Articles

Тенденції розвитку законодавства та доктрини приватного права про підприємницькі юридичні особи

The scientific article raises the question of outlining the direction of development of civil and corporate legislation of Ukraine regarding legal entities in general and business, in particular. The definition of legal forms of legal entities in the light of the recodification of the Civil Code of Ukraine. The author of the article supports the idea laid down in the Concept of updating the Civil Code of Ukraine in the part that the legal regulation of organizational and legal forms should be developed in the direction of a closed list of organizational and legal forms of legal entities– societies and institutions. The need to systematize those legal entities that are part of the legal form of «institution» is emphasized, because institutions, funds, and individual legal entities of public law operating in the legal form of the institution differ in their legal status and are not sufficiently regulated today. It is concluded that it is necessary to strengthen the role of the Civil Code of Ukraine in determining the legal status of legal entities of public law by enshrining in the Code norms that would indicate the fundamental nature of the provisions of private law in regulating the organizational and legal forms of legal entities of public law. It is noted that the basis of understanding the concept of an entrepreneurial legal entity are two criteria: activities for profit and its subsequent distribution between participants; the emergence of the founders of a special type of property and personal rights, which are called corporate rights. It is indicated on the need to distinguish between corporate and membership legal relations arising in entrepreneurial and non-entrepreneurial societies. In the article, due to the application of the criterion of «degree of completeness of rights», it was concluded that there are no grounds for identifying membership and corporate legal relations. The content of membership rights in non-entrepreneurial societies is non-property rights, that is, one of the elements of the corporate rights of participants in entrepreneurial societies. Certain property interests, if any, arise in non-entrepreneurial societies, as a general rule, fit into the design «not to get more than invested». It also emphasized the need to improve Art. 961 of the Civil Code of Ukraine regarding the definition of corporate rights, the need to determine the degree of detail of regulation of entrepreneurial legal entities at the level of the Civil Code of Ukraine, in particular in terms of returning to the structure of the Civil Code of Ukraine the norms on joint-stock companies and limited and additional liability companies.

Правосубъектность органов публичной власти в публичном праве

The article is devoted to the issues of the legal nature and specificity of the legal personality of public authorities in public law; correlations between different types of their legal personalities are examined in the article. Based on the analysis of the legal regulation of legal entity of public law and its legal personality, the conclusion is made that the legal personality does not reflect all specifics of the legal personality of public authorities.

Subjects of the right to a constitutional complaint in Ukraine, Czech Republic and Poland: comparative analysis

The article is devoted to a comparative legal study of the legislation and the practice of its application in relation to the subjects of the right to a constitutional complaint in Ukraine, the Czech Republic and Poland. The author examines the provisions of the Constitutions of the countries, mentioned above, special laws which regulate the right to a constitutional complaint of corresponding subjects, as well as the constitutional courts practice in each of the previously mentioned countries. The study highlights not only a clear list, but also the essence of the subjects of the right to a constitutional complaint in Ukraine, the Czech Republic and Poland through the prism of judicial practice. The author outlined main peculiarities of natural persons, legal entities, in particular legal entities of public law and the state, as well as local self-government bodies as subjects of the right to a constitutional complaint. A significant role is assigned to legal entities and local self-government bodies, because the legislation and judicial practice distinct greatly with regard to these categories of subjects of the right to a constitutional complaint that the legislation and judicial practice in the studied states differ the most. The right of public associations and individuals to file a constitutional complaint on behalf of other (third) persons is also being investigated. The issue of attorneys’ participation in Ukraine, Poland and the Czech Republic both at the stage of preparing constitutional complaints and during court proceedings in each of these countries is revealed. As a result, appropriate proposals were made to improve domestic legislation concerning this issue. Having studied the Czech and Polish approaches to the essence of subjects entitled to a constitutional complaint, the author identified problems and suggestions for improving the relevant legal regulation in Ukraine. In particular, amendments were proposed to Article 56 of the Law of Ukraine “On the Constitutional Court of Ukraine” regarding the definition of the more precise subjects list of the right to a constitutional complaint. Having carried out this comparative legal analysis, the author proposed instances when it is appropriate to grant legal entities of public law and local self-government bodies the right to file a constitutional complaint in Ukraine. The author also provides grounding in irrationality of granting such a right to state bodies in Ukraine because of state administration peculiarities.

Civil Law Analysis of the Category «Public Legal Entity»: A Case Study of such Legal Entities as Public Authorities

The paper analyzes the possibility of applying the categories «public legal entity» or «legal entity of public law» in civil law. The application of this category to legal entities — public authorities — can be explained by the problem of dualism of their legal status. This dualism is manifested in the fact that, participating in civil legal relations as independent entities, legal entities-public authorities do not cease to be part of the public authority mechanism, which affects the independence of their volition and expression of will, calls into question the existence of their independent interest, different from the interest of the entire public legal entity. Under certain circumstances, legal entities-public authorities may participate in civil law relations on behalf of and in the interests of the entire public legal entity. This complicates the differentiation of such forms in practice and requires its resolution in the science of civil law. As the type-forming features of public legal entities, the author highlights their inherent connection with the public legal entity that created them and the specifics of the legal regime of their property regulation. Applying an extensive set of methods, including comparative legal and formal legal methods and from the standpoint of a systematic scientific approach, the author comes to the conclusion that it is necessary to exclude the possibility of granting public authorities the legal status of legal entities and defining the public legal entities themselves — the Russian Federation, its constituent entities and municipalities — as public legal entities instead of the legal status sui generis. The paper provides a valuable description of the risks of such an innovation caused by an incorrect understanding of the essence of a public legal entity.

Legal Forms of Implementation of Civil Legal Personality of the State

Historically, there has been no certainty in Russian civil legislation regarding the legal personality of the state. The approaches of legislation and law enforcement practice still not only do not contain a regime of special civil legal personality in relation to the state, but also do not ensure the perception of the state as a special participant in civil legal relations. The article, prepared by the author on the basis of his report at the XVII Scientific Readings dedicated to the memory of Professor S. N. Bratus (Institute of Legislation and Comparative Law under the Government of the Russian Federation, October 18, 2023), reveals the essence and history of recognition by Russian legislation of the special civil personality of the state; three main organizational and legal forms of state participation (publicly-legal education) in civil law relations: 1) direct participation as a special, independent subject of civil law; 2) indirect participation through enterprises and institutions created by him, whose property remains in the ownership of the founding State; 3) indirect participation through state-owned corporations and public law companies legally considered owners of their property, but under the full control of the founding State, having limited legal personality and bearing limited liability for their debts. At the same time, the absence of subsidiary liability of the founding state for the debts of most of the legal entities created by it excludes the possibility of their recognition as legal entities of public law.

CONTRADICTIONS OF INTERSTATE LEGISLATION REGULATING THE SECTOR OF LOCAL SELF-GOVERNMENT IN THE CONTEXT OF CURRENT CONSTITUTIONAL REGULATIONS

This article is dedicated to the main provisions of the local self-government provided by the Constitution of the Republic of Armenia, which were not expressed or fully implemented at the level of the national legislation of the Republic of Armenia. The main goal of the article is to identify and highlight the legal contradictions between the Constitution and the Law on Local Self-Government, to present the constitutional norms that have not been implemented in domestic legislative acts. The article specifically refers to the legislative contradictions between the Constitution of the Republic of Armenia and the Law "On Local Self-Government", restrictions on the activities of communities and their local self-government bodies, as well as the need to eliminate them. These issues were also discussed in the light of the provisions of the European Charter of Local SelfGovernment, emphasizing the principle of exclusivity and completeness of the powers of local self-government bodies. In the article, according to individual components, the legal entity of public law, listening to the opinion of the community during the merger or division of communities, community problems and the powers of local self-government bodies, the status of the "Local Self-Government" law, the responsibility of the community leader before the council of elders, and the sources of financing defined for the purpose of solving the community's mandatory problems were presented, legal and professional control toolkits and the constitutional regulations defined in terms of inter-community associations and the problems of their implementation at the legislative level. In that context, the article made specific recommendations to improve the current legislation regulating the local self government sector.

Doctrine of provision of public services in the system of administrative law of european countries

The article analyzes the experience of European countries regarding the formation of the doctrine of the provision of public services in the system of administrative law and the identification of its features. It is shown that the legal institution of public services in Ukraine is quite new. At the same time, there is no doubt that similar innovations in this field and their regulatory consolidation and implementation should take into account the experience of foreign countries, in particular those in which this institute was formed and has been functioning for a long time. European jurisprudence has offered various interpretations of the doctrine of public services. In particular, different approaches are offered by the German and French schools of law, which are considered to be competitors. Therefore, it appears important to conduct a consistent comparative legal analysis of the category of public services, their types, forms and subjects of their provision, the system of regulatory control. This is due in particular to the impossibility of forming new administrative and legal structures and institutions without an appropriate analysis of the experience of the process of Europeanization of administrative law. It was established that the representatives of the French legal school reached a consensus that the national administrative law of France consists of several large blocks, and the law in the field of public service, from the position of the structure of the industry, belongs to special administrative law and, together with the issues of legal entities of public law and administrative justice, constitutes one from the basic postulates of all French administrative law. The French doctrine of public service has gained wide popularity and has been implemented in many countries of the continental legal system. In the German doctrine, public service is considered as a publicly significant activity of state administration bodies and other involved subjects of relevant activity within the concept of good governance. Adoption of administrative acts in the process of carrying out administrative procedures in accordance with German legislation is not formally considered from the standpoint of public services, but in its essence it is completely included in such a construction. The category of "public services" is not specifically defined in the German doctrine, but it covers both positive public administration and law enforcement activities of public administration entities regarding the issuance of individual administrative acts in the interests of private individuals. Legal relations between authorities and citizens are traditionally referred to as «external administrative law» or «formal administrative law».

Subjects of public law: interpretational aspects of normative provisions of international legal instruments and legislation of Ukraine

The article examines the normative provisions of international legal instruments and national legislation that contain defining aspects of subjects of public law. It is established that the concept of «subject of public law» is closely related to the concepts of «public service,» «public interest,» and others. The analysis of the content of these concepts demonstrates that subjects of public law are endowed with rights and legal obligations aimed at safeguarding, regulating, and ensuring the public interest. The key aspects of the latter are identified in international legal instruments. In particular, the normative provisions of the Universal Declaration of Human Rights indicate that public interest is the aspiration to achieve the common welfare in society. The Charter of the United Nations contains provisions that perceive public interest as the absence of threats to peaceful coexistence of all nations.Based on this basis, public interest is defined as a priority task for states, public authorities, officials, etc., that have societal, state, or international significance and are driven by the necessity to achieve the common welfare of society.It is argued that subjects of public law should include the state as a whole and all state bodies (including those without legal personality) that are integral parts of the state mechanism. They have their own structure defined by law, clearly delineated powers in the exercise of state authority, and also encompass any private law entity that performs the functions of a state body. Public authorities without legal personality include territorial bodies of the central executive authority responsible for implementing state customs policy and central executive authorities responsible for implementing state tax policy. Legal entities of public law are also considered subjects of public law, despite not being part of the executive authority system. The constitutional and legal status of local self-government allows it to be characterized as an independent form of public authority alongside state authority within a territorial community. In addition to the mentioned subjects, other subjects of public law are identified, such as state registrars and subjects of state registration, who are authorized by law to provide administrative services.It is noted that the study of normative legal provisions containing defining aspects of subjects of public law enhances the cognitive possibilities for a systemic understanding of the subjective-substantial component of the national legal system. It contributes to the improvement of the functioning and interaction of public authorities, which is an important factor in building the rule of law and ensuring the rights and freedoms of individuals and citizens.The most significant features of subjects of public law are identified, namely: they are formed in accordance with the norms of public law, their purpose of creation and activity is to ensure the realization of public interest, their establishment and functioning are not dependent on private will and private interests of individuals, they facilitate the implementation of state governance and/or the performance of tasks and functions of the state as envisaged by the Constitution and laws of Ukraine. They are empowered to exercise state authority within the scope of their powers, based on and in the manner prescribed by legislation.Subjects of public law are proposed to be understood as participants in public legal relations that are established in a defined manner by imperative legal norms in order to ensure the realization of public interest.These subjects are endowed with state authority and empowered to engage in socially significant activities to achieve this goal.

General theoretical analysis of the legal personality of associations of legal entities

The article is devoted to the analysis of complex systems of legal entities with the possibility of "delegation" of legal personality, such as the association of legal entities. The difference between the association of legal entities as a subject of law and as a process is highlighted.
 The basic features of associations of legal entities that influence the volume and content of the legal personality of such entities are determined, such as: the presence of a separate legal entity, a special subjective composition of the founders of associations of legal entities, special method of creation, special the legal personality of the founders and the association itself. The complexity of the legal institute of legal personality of associations of legal entities is substantiated. The author describes the process of delegation of the legal personality of the founders - legal entities to the association, the distinction between "own" and "delegated" legal personality of the association of legal entities is described and their relationship is described. A comparative analysis of the possibility of "delegating" the legal personality of legal entities to public and private law is carried out.
 The author defined the features of the legal personality of the associations of legal entities of public law: both the founders and the association itself. The example of a separate association of legal entities of public law shows the level of loss of legal personality by the founders and the impact on them of the association itself, which is due to a significant social need. Another example describes the unification of local self-government bodies, where there is no loss of legal personality by founders, but on the contrary expands at the expense of new opportunities for such an association.
 The main types of associations of legal entities and differences in the volume and content of the legal personality of founders and association are described. The main disadvantages of understanding and application of the investigated institute in Ukraine are considered and compared with similar European law institutes.
 In the conclusions to this article, the author substantiates the relevance and necessity of further research in this area, as well as the necessity of reforming the national legislation and the need to bring it to the generally accepted standards.
 In general, the author carried out a comprehensive analysis of special forms of legal personality on the example of associations of legal entities.

ABOUT SOME AREAS OF DEVELOPMENT OF PROPERTY LAW IN THE CIVIL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

The article focuses on the development of property law within the civil law framework of the Republic of Kazakhstan. The author notes that the property law of Kazakhstan is rooted in the traditions of continental European law, primarily following the Romano-German legal tradition. The legal system is governed by the Civil Code, which contains norms regarding the system and content of property rights. The author argues for a conceptual revision that should begin with rethinking key concepts such as “property,” “ownership right,” “property law,” “assets,” and “objects of civil rights.” The author advocates for abandoning the term “property rights,” which has become overly restrictive, in favor of a more functional modern civil law. Additionally, the article critiques the division of ownership into ownership, right of use, and right of disposal of property, as stipulated in paragraph 2 of Article 188 of the Civil Code, suggesting that this classification is no longer relevant. The regulation concerning the introduction of the concept of “strategic objects” as outlined in Article 193-1 of the Civil Code is also analyzed. The author emphasizes that the effective development of property law in Kazakhstan requires a comprehensive update of the current Civil Code, focusing on reforming many of its institutions, particularly those sections that relate to the subjects and objects of civil rights, the classification of legal entities, property rights, and other property rights. According to the author, one effective element or mechanism within the regime of public property could be the establishment of legal entities of public law.

Aspects of European patent validation in the Georgian patent system

The National Intellectual Property Center of Georgia Sakpatenti is a governmental agency – a legal entity of public law. In accordance with the Georgian legislation, Sakpatenti determines the policy in the field of intellectual property.A major tool for protection of intellectual property rights outside Georgia is the full integration of the country into the global IP systems, which became a priority policy direction for Sakpatenti. At present Georgia is a member of all main conventions and agreements on intellectual property protection and is a party to a number of bilateral international treaties.The scientific article consists of an introduction, a main part and a conclusion. The introduction presents the urgency of the legal problem. The main part discusses the issues of European patent validation, which should be implemented in the Patent Law of Georgia. Under the Validation Agreement, applicants will be able to validate their European patent applications and patents granted by the European Patent Office in Georgia, even though Georgia is not a contracting state to the European Patent Convention. European applications and patents validated in Georgia will have the same legal effect here as Georgian applications and patents. Along with this, legal actions will be regulated by the Georgian legislation.The European Patent Organisation (EPO) is a second largest organization in Europe rendering public services. EPO carries out examination of applications to obtain patents for inventions and grants European patents, its activities are directed tofacilitate development of innovations, competitiveness and economic growth in Europe, which is ensured by means of offering high level services according to the European Patent Convention. At present the European Patent Organisation (EPO) unites 38 countries, including all the 28 member states of the European Union and, in addition, some countries that are not the EU member states.

Administrative and legal status of local self-government bodies in the context of decentralization reform

The article is devoted to the study of the administrative and legal status of local self-government bodies in the process of implementing the decentralization reform.
 Currently, Ukraine is undergoing a decentralization reform. Its beginning, in its current form, is considered to be the approval by the Cabinet of Ministers of Ukraine of the concept of reforming local self-government and territorial organization of power in Ukraine in 2014 and the approval of the action plan for its implementation, which launched the decentralization reform. In 2020-2021, a new stage of decentralization is taking place in Ukraine, which was characterized by a number of significant legislative changes.
 The article examines the administrative and legal status of local self-government bodies. It is argued that the term “local self-government body” is understood as an autonomous, non-sovereign legal entity of public law, which was created and received its power from a law adopted by Parliament. The degree of independence of local self-government in decision-making is determined by the nature and structure of administrative relations with state authorities.
 It is concluded that during the implementation of the reform, the legislation on local self-government and related legislation should be revised and improved in such a way as to expand the powers of local self-government bodies and contribute to the better performance of their functions, especially in the management of personnel issues, financial affairs and in determining their own priorities in the provision of public services. Despite the revision and amendment of the legislation on local self-government and other relevant legislation, the analysis of scientific sources gives grounds to assert that the exercise by local self-government bodies of their statutory powers and the performance of the functions assigned to them largely remained under the influence and control of the state authorities.

Legal status of legal entities in private international law

The article analyzes the legal status of legal entities and examines the form of their classification.  Of course, legal entities occupy an important place in civil law. Because legal entities and their organizations have a significant impact on the economy, whether it is the economy, business, or medicine, this article defines the priority, the role of legal entities in international law. At the same time, following the civil legislation, disputes between the two states regarding legal entities are considered by what rules and norms, and the authors fully disclose the doctrines on the interpretation of legal entities. Today, various stakeholders show markets about the legal entity and how it should develop to overcome our state’s dynamic and global nature. Reforms and other initiatives related to legal entities are being implemented worldwide. It is used to restore trust in the management of a legal entity. About legal entities, the reforms have led to the introduction of various codes of best practices or guiding principles of corporate governance (type) in many countries. In this regard, discussions are underway reflecting the points of opinion on the possibility of equating and applying a unified approach to legal entities in civil law. Keywords: legal entities, corporate organizations, state corporations, public law companies, group of companies, national holding, national company, legal entities of public law, organizations of public interest, finncial-industrial groups, multinational corporations.

Legal status of the State Budgetary Institution Of The Voronezh Region "Center For State Cadastral Valuation Of The Voronezh Region"

Starting from January 1, 2017, the functions for the direct implementation of the state cadastral valuation of real estate objects were transferred to specialized organizations of the subjects of the Russian Federation created in the form of state budgetary institutions.On the one hand, the actual work on the valuation of real estate is being withdrawn from the sphere of public procurement, which implies the refusal to involve professional appraisers in determining the value of real estate objects, that is, persons whose main purpose is to make a profit. On the other hand, the functions and powers of the authorities in the field under study are delegated to specialized organizations that do not have the status of a public authority. В В The article proves that the legal status of such institutions should be defined as a "legal entity of public law". At the same time, their activities are based on the concept of delegating state powers to private individuals. At the moment, there are contradictions between approaches grounded in legal science to the status of legal entities of public law, as well as to the procedure for delegating (outsourcing) certain power functions, on the one hand, and the legislative consolidation of the legal status of budgetary institutions performing functions in the field of state cadastral valuation, on the other.In addition, the concept of legal entities of public law is relatively new for domestic legislation and legal science.

Participation of legal entities of public law in contractual relations

The article analyses the characteristics of the participation of legal entities under public law in contractual relations. The concept of a legal entity under public law has not yet been developed. At the same time, the doctrine indicates the marks of legal entities under public law. The article discusses in more detail the agreement on the lease of the complex of full ownership of state property. The author analyzes the legal nature of the contract, the characteristics of the composition of the subject, the subject of the contract, essential conditions, questions of termination and termination of the contract. The legal nature of the rental right is mandatory, since the lease gives rise to legal relations of ownership and arises on the basis of a contract. Scientific approaches to the concept of "company" are investigated and, according to the author, the company should function as an object and not as a subject of law.

Signs of a Legal Entity of Public Law under the Legislation of Ukraine

The article examines the legal status of legal entities of public law as participants in civil circulation. Both general and special research methods were used, which were determined by the purpose of the article, taking into account the object and subject of the research. To study the above-mentioned civil law relations in their interconnection and development, the dialectical method was used. The comparative legal method was used to analyze the world experience of legal regulation of the status of legal entities of public law in foreign legislation and the doctrine of law, in particular, in the legislation of the CIS countries. Results showed that legal entities of public law are organizations; as legal entities; have the characteristics of a legal entity: organizational unity, the presence of separate property, acting in circulation on their own behalf, independent civil liability. In addition to the general features of a legal entity, legal entities of public law also have special features that characterize them as participants in civil turnover. It was concluded that legal entities of public law are a type of legal entity, are created in the administrative order by the state and have targeted legal capacity.

Supplemental Pay for Cash Collateral of Police Officers during Quarantine: Administrative Discretion of Authorized Officials on Deciding about Its Payment

The author has researched the norms of positive law, which contain instructions on the establishment and payment of supplemental pay to the cash collateral during quarantine for police officers. A comprehensive, complete and objective study of legal basis for the supplemental pay to the cash collateral of police officers during quarantine is impossible without understanding the law enforcement practices and interpretation used by authorized officials when deciding whether or not to make the supplemental pay to the cash collateral of police officers. The normatively determined grounds for the supplemental pay and the actual substantiation of the application of such payments for police officers have been analyzed. Objectivity and completeness are impossible without analyzing all the arguments, including those voiced by the representatives of the administration of the territorial agencies of the National Police, as legal entities of public law. It has been emphasized that the administrative discretion of authorized officials should embody the principles of the rule of law, respect for human rights and freedoms, and should not pursue the realization of economic private interests, including the interests of subjects of authoritative powers. Restrictions on the application of the supplemental pay to the cash collateral of police officers during quarantine are the direct restriction of the social rights of representatives of a particular profession – police officers. The legal position for protecting the social right of police officers for the supplemental pay, as well as the affiliation of this right to each police officer has been defended.
 At the same time, the legal position on the need for the supplemental pay for all police officers has been additionally substantiated, based on the tasks facing the National Police and the provision of police services to the population.
 The author has argued the legal position of the completeness of social rights of police officers during quarantine, which are impossible without appropriate the supplemental pay to the cash collateral of police officers during quarantine.

PERCEPTION OF THE SOCIAL ENTERPRISE CONCEPT IS ANOTHER COMPONENT OF THE PROPOSED REFORM OF THE LEGAL FRAMEWORK OF LEGAL ENTITIES IN THE REPUBLIC OF KAZAKHSTAN

Based on the analysis of the Concept of Legal Policy of the Republic of Kazakhstan, the article analyzes approaches to the of Kazakhstani in terms of updating the legal institution of legal entities. It has been established that the development of the legal institution of legal entities is conditioned by the need for significant of Kazakhstani legislation. It is proposed to consider the development of the legal basis for the creation and operation of social enterprises as a separate component of the reform of legal entities, along with the improvement of the general provisions of the Civil Code in legal entities and the perception of the concept of a legal entity of public law. The concept of legislation is proposed to refer to the of corporate-type commercial organizations. The of corporate law is proposed as the second component of the reform of the legal entity system. It is noted that the proposal to reform the on non-profit organizations followed from the institution of private law and was taken into account to a certain extent in the preparation of the draft Concept of the legal policy of the Republic of Kazakhstan, including in paragraph 4.5 where it is stated that modernization of in non-profit organizations is required. It is concluded that at the moment social enterprises, as a general rule, are recognized as private organizations with the status of a legal entity. At the same time, the very orientation of the activities of social enterprises, which has a socially significant character, allows participation in the activities of social enterprises and organizations recognized as legal entities of public law.

Legal entities of public law as participants in civil relations

The article examines the issues of the legal status of legal entities of public law. At the basis of the division of legal entities into legal entities of private and legal entities of public law, the criterion of the method of creating a legal entity is applied. At the same time, one criterion is not enough to distinguish between these types of legal entities, we propose to supplement this criterion with criteria for the purpose of activity and the degree of dependence of a legal entity of public law on a subject of public law. The article considers the characteristics of a legal entity of public law, which can be classified into general and special. The general ones include: organizational unity, the presence of separate property, acting in circulation on its own behalf, civil liability; special features include: creation in an administrative order; satisfaction of the state interest; do not own a property. The article analyzes the issues of responsibility and legal regime of property of legal entities of public law. Today, the search continues for an effective model of property law regarding the legal regime of legal entities of public law. As a replacement for limited property rights, such as the right of economic management and the right of operational management, a property management agreement is proposed. The issues of correlation of the concepts "subject of public law" and "legal entity of public law" are investigated. These concepts should not be identified, since the concept of a legal entity of public law is broader in scope than the concept of public law formation

Оrganizational and legal status of territorial communities in Ukraine

A local community has been defined by the Constitution of Ukraine as a primary subject of a local government. But in practice the participation of a local community in socio-political life is comed down to the realization of the right to vote of its sitizens. According to this in Ukraine the Constitutional right of a local community to decide quastions of a local significance now is limited and isn’t settled on legislative level and on regulatory level. Should be noted a local community as a primary subject of a local government hasn’t recived а proper legal status in Ukraine. The purpose of the article is the systematization of existing theoretical ways to the defining of a local community as a primary subject of a local government and the determining its legal status in Ukraine. On the basis of the conducted research it is detected that a local community must be considered as a set of persons which live within a certain area, have a certain relationship with each other and a common interests, rights and powers to solve common problems. We’ve found out that an organizational and legal status of local communities is characterized by imperfection and need specifications and refinements. Because of no having a clear organizational and legal status of a legal entity local communities can be the subject of legal rights and powers only indirectly, from representative bodies. The adoption of the law of Ukraine «About local communities» will allow on legislative level to settle the quastion of legal subjection of a local community as a legal entity of public law, its legal, organizational and other guarantees, which to a large extent affect on the capacity of such local community, its real ability to decide quastions of a local significance and protect own rights and legal interests self-sufficient in full. A Clear definition of a legal status of a local community allows to harmonize the system of public administration in districts and to provide a successful development of the state as a whole. Key words: local self-government, territorial community, legal status, administrative-territorial reform.