Grudnyska S. Economic legal personality of the state-owned enterprises

Research object: the economic relations that arising up in the state sector of economy in the process of creation and activity of the state-owned enterprises. Research aim: development of theoretical methodological and applied principles of economic legal subject of the state-owned enterprises, ground of theoretical positions of the legal providing of their economic independence in new economic terms, forming of corresponding suggestions on perfection of legislation. Research methods: historical, dialectical, analytical synthetic, comparatively legal, formally logical, logical legal. Theoretical and practical value: theoretical generalization and new decision of scientific problem which consists in development of modern theoretical of methodological and applied principles of economic legal subject of the state-owned enterprises are offered in dissertation, ground of theoretical positions of the legal providing of their economic independence in new economic terms, forming of corresponding suggestions on perfection of legislation, which has the important pertaining to national economy and socially cultural value. Research results are inculcated in activity: the Donetsk regional soviet of trade unions of Federation of trade unions of Ukraine; Committee on questions of social policy and labour of Verkhovna Rada of Ukraine and deputy of People's of Ukraine J.M. Voropaev at the revision of project of law "On joint-stock companies"; Committee on questions of economic policy of Verkhovna Rada of Ukraine; Kyiv district in Donetsk of advice; State enterprise the "Research institute of complex automation"; Registration chamber of the Chernihiv town council. Scientific novelty: The stages in historical development of the state-owned enterprises are distinguished. The grounds are given that an organic conception of legal awareness and legal institutionalism are of strategic importance for solving the problems connected with the economic legal personality of the state-owned enterprises. The economic-legal conception of a combination (compromise) theory of legal personality is formulated. The arguments are advanced that there are constitutional preconditions for providing the economic independence of the state-owned enterprises, the basis of which is the principle "everything that is not prohibited is allowed" laid in the Constitution of Ukraine. Based on the Constitution, the proposal is grounded to descend from the category "juridical institute" to the category "legal institute", and the concept of the economic-legal institute is formulated. The definition of the concept of the economic legal personality was improved. Theoretical insights into the problems of the economic legal personality structure have found their further development. The grounds are given for the existence of the relationship between the economic legal personality, organizational-legal form and legal institute. It is grounded that according to the economic legal nature an enterprise is a primary economic legal institute; this fact is qualified as a basic constituent part in grounding the economic legal independence of a state-owned enterprise. It is also argued that the state enterprise is both a subject and object of law in addition to the current legislation. The theory of operative management has been further developed, that is offered to be developed up to the theory of economic management. The relationship between the concepts of enterprise and legal entity as a subject of law and primary organizational-legal form is grounded. Venedictov theory of collective was further developed. The proposals have been worked out to introduce a syndicalist concept of a state-owned enterprise's internal organization and its participation in the vertical relations into the legislation, as well as to provide the economic independence of the state-owned enterprises on the legislation level. Sphere of the use : subjects of legislative initiative; public authorities; organs of local self-government; subjects of organizationally-economic plenary powers; higher educational establishments.