SOME ERRORS IN THE REGULATION OF THE ACTIVITIES OF PUBLIC ORGANIZATIONS IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
Public associations can act as a status of a juridical person, and without it. The second option proves the fallacy of exceptions from the Economic Code of Ukraine from among the economic entities entities without juridical personality. On the other hand, through the use of analysis and other methods of scientific knowledge were identified contentious issues in the legal status of public associations and inaccuracies in the relevant Law of Ukraine “About Public associations”. Among them is called the definition of public associations as non-profit organizations at the same time with the possibility of making a profit and creating new entities, which can make a profit. Results similar examples of some other kinds of non-profit entities – chambers of commerce, commodity exchanges, universities and others. But in contrast to the legislation defining the elements of the legal status of these and other types of non-profit entities, the legislation on public associations points to the possibility of non-profit entities having property rights on the basis of operational management, to create commercial entities, which will be based on the property rights of business. This is contrary to the principle of Ulpian – “Nemo plus iuris ad alium transferre potest, quam ipse haberet” – “one cannot transfer more rights than he has”. It is proposed to change the legislation on public associations in particular, and other economic entities in general towards the abolition of the separation of business entities for commercial and non-profit with a common automatic recognition of all business entities.
Authors and Affiliations
Б. В. Деревянко
Keywords
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