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
Related Articles
- EP ID EP473555
- DOI -
- Views 92
- Downloads 0
LEGAL GARRANTEES OF REALISATION OF THE STANDARDS OF CRIMINAL PROCEDURE LAW
The article is devoted to coverage one of the actual problems of science of criminal proceedings on legal guarantees for the realization of the standard of criminal procedural law. The topic is actual due to the fact tha...
THE OBJECTS AS AN ELEMENT OF CORPUS DELICTI OF BRIBERY OF EMPLOYEES OF ENTERPRISES, INSTITUTIONS OR ORGANIZATIONS
The article describes the contents of the object of bribery of the enterprise, institution or organization in Ukraine. Usually the starting point for finding out the essence of any crime is its object. This, first o fall...
LEGAL REGULATION OF SOCIAL PROTECTION OF THE PARTICIPANTS OF THE ANTI-TERORIST OPERATION
We consider that the main aim of creation of the new type civilization lays in realization of ideas of peaceful co-existence in the world and providing of high quality life for population. Creation of effective social pr...
ABOUT THE STATE SUPPORT OF BIOFUEL PRODUCTION BY AGRICULTURAL PRODUCERS: ORGANIZATIONAL AND LEGAL ISSUES
In carrying out production and business activities, agricultural producers can deal with including the production of biofuels, – solid, liquid or gas fuel made from biologically renewable resources (biomass) that can be...
ADMINISTRATIVE AND LEGAL SUPPORT OF PUBLIC PARTICIPATION IN THE PROTECTION OF ENVIRONMENTAL SAFETY
In the article administratively-legal principles of participation of public are analysed in the process of providing of ecological safety in Ukraine, attention applies on the today’s state of this legal institute. In the...