Ivanov S. Ivanov S. O. Participation of juridical persons of public law in the civil legal relationship (on the example of the Ministry of Defence of Ukraine)

Complex analysis of the procedure of participation of the Ministry of Defence of Ukraine in the civil legal relationship has been conducted in the dissertation and general regulations of participation of the state authority have been formulated on its basis. Prerequisites and needs for participation of the Ministry of Defence of Ukraine in the civil legal relationship which are represented as a duty established by the legislation as to the realization of the powers on the resource provision of the needs of the defence sphere and the necessity of creation of proper conditions of its functioning as an organizational formation have been considered separately. Comprehensive analysis of the main elements of civil legal status of the Ministry of Defence of Ukraine the contents of civil legal capacity and capability of this individual, the purpose and the object of the activity, organizational and legal form of the participation in the civil relationship, legal order of property, mechanism of the performance of the civil and legal responsibility, the order of origin and closure of activity in particular have been made in the research work. Peculiarity of the realization of the legal status in proprietary and obligation relationship have been determined as well. Specific suggestions as to the improvement of the current civil legislation on participation of the legal person of the public law in general and state run public authorities in particular have been stated on the base of studying of the professional legal literature, analysis of the current legislation of Ukraine and generalization of the materials on jurisprudence devoted to the elements of the legal status of legal persons established by the state and their realization in specific aspects of civil legal relationship.