Zozuliak O. Non-business Entities as Subjects of the Civil Law: Theoretical and Practical Aspects

The thesis is devoted to complex study of problems concerning the civil and legal regulation of the non-business entities. It is investigated the subject matter and qualitative features, system, classification criteria, legal status of the non-business entities. It is proved that a non-business entity should be singled out as a separate category according to the non-distribution of profit (income) rather than to the specifics of its business activity. The author has expressed her approach to understanding the concept of such institution as a legal entity of public law. One or several founders create such legal entity without participation in its management to achieve the aim determined by them in different spheres of the public administration and bear subsidiary responsibility for its obligations. She also proves that the state authorities, which are different in their consent, hierarchy and nature of powers (in the general and special competence), constitute the variations of such legal entity form. It is understood and grounded in what ways a legal capacity can be realized by the non-business entities: through the bodies of a legal entity and by means of the institution of representation in particular. It is also posed a concept according to which the legal capacity realized by non-business entity by its bodies is not considered representation but actions of the legal entity itself as an individual subject of civil-law relations. It is proved the expediency to establish at the stock and commodity exchanges such legal forms where the non-business entities are acting. The author explains that the membership in the non-business entity of corporate type may both generate (in consumer societies) and not generate (in public associations) the property relationships between a member of such a legal entity and the legal entity itself. The doctrine of the unitary non-business entity considered as a legal entity of the private or public law, which has a unitary system, is formed to meet public interests in various spheres of public life. The consumer society is singled out into the independent legal form of the non-business entities according to the following peculiarities: 1) the property relationship between the consumer society's participants and the consumer society itself; they are legal entities of the private law; 2) specifics of the society participants' liability for obligations of the society; 3) private interest of the participants (founders) makes the basis of the society activity.