Ilnytska N. Administrative and legal regulation of the creation of legal entities

The thesis is a comprehensive study that focuses on the administrative and legal regulation of the creation of legal entities. In the administrative and legal science, this study is one of the first comprehensive research of the administrative and legal regulation of the creation of legal entities; thus, it proves the scientific novelty of the findings. It was determined that creating a legal entity is the process of its foundation. This process requires performing certain actions and completion of the mandatory legal 18 procedures, that result in the creation of a legal entity, as well as in acquiring the right to operate. It was noted that the process of creating legal entities includes certain stages and is carried out in compliance with the requirements. Following the historical analysis of the domestic legislation, the author identified the particular stages of development of the legislation on creating legal entities. Besides that, the current regulatory legal acts were categorized by various criteria. The paper explores the essence of the mechanism of administrative and legal regulation of the creation of legal entities and defines its elements, such as: administrative rules and regulatory legal acts; administrative and legal relations in the field of creating legal entities, including the subjects of administrative and legal regulation; acts of implementation of subjective rights and obligations of the participants of the creation procedure, including individual acts of the subjects of public administration; forms and methods of administrative and legal regulation; procedures of legitimation of legal entities. The study confirmed that acquiring the status of a legal entity and the right to operate requires completion of the mandatory legal procedures, such as the state registration which is mandatory for all legal entities, as well as the licensing and authorization procedures in cases stipulated by law. These procedures are aimed at validating both a legal entity and its activities, and together, they make up the procedure of legitimation of a legal entity. Considering the best international practices in the administrative and legal regulation of the creation of legal entities (in Spain, Great Britain, Germany, USA and other countries) and their potential application in Ukraine, the author identified a number of problems in the administrative and legal regulation of the creation of legal entities and suggested ways to address them.