Pohut O. Termination of Non-Entrepreneurial Legal Entities.

The dissertation is devoted to the research of the pressing theoretical and practical problems connected with the implementation of termination of non-entrepreneurial legal entities.The paper provides a retrospective analysis of the formation of the institution of a legal entity’s termination and the development of the peculiarities of its legal regulation. The influence of historical tradition and conditions of social and economic development of the state on tendencies in legal regulation of legal entities’ liquidation is noted. At the same time, the absence of the definition of liquidation of a legal entity at the level of the Civil Code of Ukraine or other normative legal acts can be considered as a consequence of traditional approaches in the development of this institution in domestic law.From the perspective of determining the place of such legal categories as “succession” and “reorganization” in civil turnover, it was concluded that succession and reorganization are related as generic and specific concept, because succession means the transfer of rights and responsibilities from one subject of law to another not only by reorganization, but also in other ways – by inheritance, by assignment of the right of claim, etc.In studying the legal aspects of the reorganization of non-entrepreneurial entities, the criterion of their division into legal entities of unitary corporate type (those built on the basis of membership (participation) and unitary type (which are not characterized by presence of membership (participation) was used as a basis in this research. Within the framework of the above types of non-entrepreneurial legal entities, the specifics of reorganization of such organizational and legal forms as public associations, consumer associations, institutions, funds and establishments were studied.Legal regulation of reorganization of non-entrepreneurial legal entities of unitary type is complex as it can be found in numerous legal acts. At the same time, the general principles of implementing the relevant processes are in the plane of civil law regulation.The position on the possibility of non-entrepreneurial legal entities to be the participants in the institution of bankruptcy as a debtor in view of the provisions of Part 1 of Art. 1 of the Bankruptcy Code of Ukraine was supported. The classification of non-profit entities as debtors is appropriate given that as a result of their business activities they may be burdened with creditors’ claims, which must be satisfied, and sometimes otherwise, through the application of bankruptcy proceedings, it is impossible to satisfy creditors’ claims.