The dissertation is devoted to the complex research of the civil aspect of the legal regime of trade union organizations in Ukraine as non - business entities. It is substantiated that the only possible form of realization of civil legal personality of trade union organizations is the institution of a legal entity, the acquisition of which is constitutive for the implementation of property relations and other property rights. It is argued that the prerequisite for the participation of trade union organizations in civil legal relations is property, which is assigned to them by property rights and other property rights, and its involvement in the civil turnover significantly complicates its legal regime.
The author defines the civil legal regime of property trade union organizations. It is argued that as a result of vesting trade union organizations with civil personality, they can to participate in civil legal relations, to have civil rights, which meet the objectives of their activities as set out in the constituent documents, and to carry out duties related to this activity.
It is substantiated that the only possible form of civilian implementation the legal personality of trade union organizations is an institution of a legal entity. It is determined that the acquisition by a trade union of a legal entity as a subject civil law is constitutional for the exercise of property relations and other property rights, conducting financial and economic activities and fulfillment of other statutory tasks within the internal structure unions.
It is argued that the legal regime of ownership of trade unions organizations are established solely by the laws of Ukraine, and the legal regime their property - the founding documents and regulations. It is argued that the concept of “legal regime of ownership of trade unions organizations” is not identical to the concept of “legal regime of property due trade union organizations”. The necessary provision is substantiated the condition for participation of trade union organizations in civil legal relations is property assigned to them on property and other property rights. It has been proved that the involvement of the trade union organizations' property in civil turnover significantly complicates its legal regime, since the exercise of the right ownership of it acquires certain specifics and requires specifying it legal regime.
In the development of union property legislation, it is possible to distinguish 2 stages of post-revolutionary (after 1917) development of sources of union property legislation, namely: the Soviet period (1917–1991) and the period of independence of Ukraine (1991 - present), the main features of formation of the right regime of property of trade unions during these periods are determined.
It is substantiated that the term “source” of property formation is impossible to identify with the concept of “grounds” for the acquisition of property rights, since the basis of the relationship is legal facts, and the sources property formation refers to the property of particular persons through various ways are attributed to nonprofits.
It is suggested to determine the grounds for the ownership of trade union organizations and their associations by source of property and cash: 1) acquisition property through entry and membership fees, voluntary contributions and donations citizens, businesses, institutions and organizations; 2) deduction of funds enterprises, institutions, organizations, the primary trade union organizations for cultural, mass, physical and recreational work; 3) acquisition as a result of economic activity of enterprises, institutions and trade union organizations, their assets and money; 4) acquisition property on other grounds not prohibited by law.
In addition to property rights, the Civil Code of Ukraine recognizes other property rights to property: possession, easements, emphithews, and superficies. In addition to property rights, it has formally become possible to recognize such rights by trade union organizations.
The peculiarities of civil legal protection of trade union organizations’ property rights to their property are: a) the need for additional application of special legislation when exercising civil legal protection of property rights; b) not only general but also special means of protection should be applied to protect the property rights of trade union organizations to their proper property.
