Volkova L. Civil status of state joint-stock companies. – Qualifying scientific work on the manuscript rights

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002688

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

29-05-2019

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

This dissertation highlights the issues of regulation of the civil status of state joint-stock companies in Ukraine. The author studies the division criteria for legal entities of private and public law, as well as the evolution of the notion of legal entities under public law, the concept of state joint-stock companies. This dissertation proves that the formal division criteria for legal entities of public and private law, as provided for in the Civil Code of Ukraine, is incomplete, and the use of a complex criteria is proposed, namely: application of the formal criteria taking into account the full range of circumstances of each individual case in distinguishing between private and public laws. Particular attention is paid to the elements of the legal status of legal entities under public law, it is determined that, in their identical composition, their content is qualitatively different; the author proposes that the legal entity of the public law to be considered as a complex consisting of the purpose, functions and objectives of the legal entity, since public purpose, functions and objectives of the activity, together with the regulatory order of creation, to determine the legal entity under public law.

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