Yankova O. The Legal Regime of the Statutory Fund in the Commercial Organization

The subject of research: the economic legislation of Ukraine, which regulates the property and non-property relations during investment of means for creation of commercial organization, its statutory fund, and also its mutual relation with the founders, creditors, state bodies. The objective of research: a substantiation of the offers and recommendations directed on improvement of the current legislation of Ukraine, which regulates process of formation and change of the statutory fund of commercial organization and legal practice on these questions. Methods of research and equipment: formal-logic, dialectic, historical, system-structural, comparative-legal analysis; methods of the analysis and synthesis. Theoretical and practical results: filling of flaws in the legislation, which regulates creation of the economic preconditions for participation of the enterprises in a commercial revolution, property basis of managing by the legal persons as by the professional participants of the market; the conclusi ons and offers can be used in practice the creations of commercial organizations, during the decision of property proceeding between the participants and commercial organization, and also for improvement of the current legislation; the separate property of the dissertation were used during elaboration of the draft Law of Ukraine "About unpermission of legalization of the criminal incomes" and completion of the project of the Economic (Commercial) code of Ukraine; the special course "Lawful regulation of creation of the subjects of economic activity" is developed and is methodically supplied. Novelty: in the monographic plan the complex scientific analysis of the relations which arise during creation of the economic preconditions of participation of the enterprise in a commercial revolution is executed; the expediency of application in the economic legislation of Ukraine of categories of the declared and paid statutory fund is proved; general principles of formation of the statutory fund of commercial organiza tion for the first time are formulated; the mechanism of the control behind a property status of commercial organization during all period of its existence is offered. Area of application: law-making governmental bodies in Ukraine, ministries and departments, bodies of local self-management and regional management; higher educational institutions.