Stratiuk O. Institutions as participants in civil relations.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100589

Applicant for

Specialization

  • 081 - Право. Право

12-04-2021

Specialized Academic Board

ДФ 20.051.012

Vasyl Stefanyk Precarpathian National University, State Higher Educational Institution

Essay

The expediency of adopting a separate law that would regulate the relations on the establishment and operation of institutions is critically perceived in the research. The approach to two-level regulation of relations with the participation of institutions has been perceived, in particular: within the framework of the Civil Code of Ukraine and special legislative acts, which regulate the legal status of certain specific types of institutions. This thesis work is concerned with the research of pressing theoretical and practical problems of participation of institutions in civil legal relations, development of scientifically substantiated offers on perfection of the legislation in the sphere of institutions as non-entrepreneurial legal entities. The main approaches to understanding the institution, its identifying features and classification criteria, the order of creation and termination, civil legal personality, the legal regime of property have been reviewed and the author's definition of the institution has been proposed. The periods of genesis of the legislation on institutions since the proclamation of Ukraine's independence are 3 stages, namely: 1) 1991 - 1996 – the period, which is associated with the formation of national legislation in the field of creation and operation of certain types of institutions, including libraries, archives, museums. The defining moment within this stage is the consolidation of a number of cultural, medical and educational rights and human interests in the Constitution of Ukraine; 2) 1996-2003 – the period of adoption of special legislative acts in the field of activity of individual institutions, in particular, educational institutions: preschool, secondary, vocational, higher; 3) 2003 to date – the adoption of the Civil Code of Ukraine and the settlement of the legal status of non-entrepreneurial legal entities in it, which was the driving force for the improvement of special legislation on institutions. This period is characterized by the use of tools of private law in the settlement of relations with the participation of institutions, the adoption of relevant regulations in the field of various types of institutions, including cultural institutions.

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