Rutsynska T. Economic and legal status of public organizations

The object of research is social relations that arise in the process of organizing and implementing economic activities by public organizations. The purpose of the research is the scientific development of theoretical and practical issues of the economic and legal status of public organizations (PO) and justification of proposals for the improvement of relevant legislation aimed at increasing the effectiveness of their economic activities and ensuring constitutional rights and freedoms in the sphere of management. Methods of research: the methodological basis of the thesis work consists of modern methods of scientific knowledge. The work uses in combination such general and special methods as dialectical, formal-logical, historico-legal, comparative legal, system-structural. Theoretical and practical results are that the thesis is the first in Ukraine comprehensive study of the economic and legal status of PO, conducted in accordance with European standards and the needs of economic practice, on the basis of which scientific development of theoretical and practical issues of the economic and legal status of public organizations was carried out and substantiated Proposals for the improvement of relevant legislation aimed at increasing the efficiency of their economic activities and ensuring constitutional rights and freedoms in the sphere of management. The scientific novelty of the results obtained in the dissertation is concretized in the following provisions. For the first time: the concept of public entrepreneurship is grounded; the definition of public needs, intended for the purposes of the legal regulation of the activities of the PO; Classification of the public organization as subjects of economic activity is carried out; It is reasonable to establish the relationship between the process of regionalization of relations in the public sector with the process of regionalization of public relations in the sphere of state management of the economy, the application of the principle of subsidiarity in determining the economic and legal status of local cells of civil defense, the selection of the economic and legal status of regional PO on the basis of existing Local cells of all-Ukrainian PO. The provisions on the definition of the PO as a subject of economic activity with regard to the formulation of the goal of its economic activity are improved; The procedure for amending the statute of the PO. The provisions concerning the definition of the general concept of the TOE, as well as the reasoning for its extension, are given due to the granting of the right to create the PO both by individuals and legal entities in the context of both variants of the interpretation of the legal entity (both as a collective member and not) in conjunction with reservation of the notion of a social union for associations of public organizations; The contents of the PO statute; ownership of the PO; the legal regime of the property of the PO; the order of management of the PO; Rights and responsibilities of the PO; commercial responsibility of the PO; Participation of the CB in decision-making by public authorities and local self-government bodies; State registration of the PO, in particular, it was proposed to supplement the grounds for refusal to implement it; Grounds for termination of the PO and the legal fate of the property in the event of termination of the PO. Theoretical generalizations, conclusions and proposals formulated in the work can be used: in lawmaking activity when introducing amendments and additions to the legislation on public organizations; When forming law enforcement practice of courts when reviewing and resolving cases on issues of economic and legal status of such organizations; In the preparation of manuals, textbooks and methodological materials on the training course of economic law; To form the basis for further scientific research. The results of the study were considered by the Donetsk regional public organization "Center for Legislative Initiatives" and recognized as having practical significance, recommended for use in lawmaking, can be used in preparing proposals for improving legislation on public organizations (reference from 16.11.2011); The Chamber of Commerce and Industry of Ukraine, which confirmed that the results are of practical importance for public organizations that enter into economic relations, and are recommended for use in law-making, as well as law-enforcement activities of PO as business entities (reference № 3091/05.0-7.3 from 04.20.2016).