Chepurnov V. Legal status of charitable institutions and charitable associations in accordace with Ukrainian legislation

The thesis dedicates to the research of the problem on legal status of charitable institutions and charitable associations in Ukraine. The theoretical generalizations and new scientific approaches to the determination of legal status of charitable institution and charitable association as charitable juridical person of private law were pointed out in the thesis. The problems connected with the peculiarities of legal model of charitable institution and charitable association were studied in the thesis as well as their juridical personality, theoretical structures of the possible forms on charitable activity of charitable legal person. The researcher suggests the methods of native legislation improvement with the aim of the proper normative adjustment of charitable activity, legal forms and methods of the execution in Ukraine. Based upon the conducted research the author draws the conclusion that legal model of juridical persons, acting in the field of organization philanthropy, appeared first in Roman law. Besides that Christianity Church as its canonical organizations "ecclesiae" had the basic impact upon the process of establishment of organizational-legal forms of up-to-day charitable juridical persons (institution and association). In the thesis the author improves the legislative model and defines sharply the characteristic features of charitable institution and charitable association as well as analyzes perfectly the character of legal capacity of charitable juridical persons. Based upon the analyze of property juridical personality of charitable juridical persons, the author emphasizes that the vital source of property forming for charitable institution and charitable association is the property which are carried over with the contract of gift and the contract of contribution. The author draws attention that the definition of contribution as an independent civil contact doesn't pay legislator' attention for long and is reflected in theoretical works preferably. Comparative analysis of the contract ofgift and the contract of contribution is the result of author' conclusion that the contract of contribution is the vital source of property forming for charitable institution and charitable association as well as it is completely independent civil contract with specific characteristics: special conditionally of contribution use; control by contributor over contribution use; flat reality of the contract of contribution. In the thesis regularities are defined generally and they characterizes the contents and property rights of charitable juridical persons. Charitable juridical person is sole owner of appertaining property; founders of charitable institution don't have right to restore their property or any compensation even in the case of its liquidation. As property of charitable juridical person has the property such as the contribution of founders (founder) or members as well as property obtained on other terms in its activity. Charitable juridical person has the right to do any actions with its property iftheir activity doesn't contradict with the law, statute documents and doesn't break the interests of other persons guaranteed by law. Contents and frameworks of property rights of charitable institutions depend on amount of their civil legal capacity caused by organizational-legal form of charitable juridical person. The author makes a conclusion in the case of juridical connection of charitable juridical person with juridical person founded by them that juridical person activity should accomplish with the aim of realizing goals and tasks determined by charitable institution-founder in the statute of the juridical person.