Markov V. Створення та реєстрація суб'єктів підприємництва недержавного сектору економіки

Object of research: public relations, which arise during creation and registration of the subjects of enterprise activity (SEA) of public sector of economy. The purpose of research: a substantiation of new scientific rules and offers to the legislation concerning legal maintenance of such conditions of SEA creation and registration of public sector of economy. A method of research: dialectic, historical, analysis and synthesis, logic, legal, system-structural, comparative-legal. The theoretical meaning consists of deepening and perfection in a science of economic law of theoretical development concerning organization both direct realization of actions and procedures, which make the contents of processes of SEA creation and state registration of public sector of economy of Ukraine in modern conditions. Practical importance: the blanks and lacks of the current legislation of Ukraine are revealed; the offers on their elimination are proved. The practical recommendations were used in IELR NAS of Ukraine bypreparation of conclusions on complex economic disputes; the reports "About necessity of change of working edition of an item 205 Criminal code of Ukraine "Fictitious business" with the concrete offers concerning its perfection "; by preparation of the CC project of Ukraine, and also scientific-practical comment; by using by Donetsk and Khmelnitskiy regional managements of justice; by Lugansk regional state administration; by the executive committee of Lugansk city council on a direction of improvement of procedure of SEA state registration. Scientific novelty: in the conceptual plan the theoretical and practical essence of SEA state registration (legalization) as legal phenomenon is opened. The legal definition of a property basis of SEA managing as property complex is offered and the SEA parities and its property complex as general and individual are determined. The legal facts of SEA occurrence and their sequence are determined and differentiated. The negative estimation of liquidation of a primary link ofbodies is given which carry out SEA state registration, the absence of dependence of legal personality possession from presence of the status of the legal person is proved. The offers concerning the prevention of fictitious business, criminalization of economy are formulated. The spheres of action Civil and Commercial Codes of Ukraine and special law concerning SEA state registration and other subjects of managing are differentiated. Sphere of use is the subjects of the legislative initiative; bodies of state management, judicial bodies, subjects of managing for use during application of the legislation about SEA creation and registration; higher educational institutions.