Stratiuk O. Civil law regulation of termination of entrepreneurial legal entities.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100622

Applicant for

Specialization

  • 081 - Право. Право

13-04-2021

Specialized Academic Board

ДФ 20.051.013

Vasyl Stefanyk Precarpathian National University, State Higher Educational Institution

Essay

The dissertation is devoted to the theoretical and legal analysis of scientific views, ideas, approaches to the institute of termination of entrepreneurial legal entities in the conditions of adaptation of ukrainian legislation to the legislation of the European Union, substantiation of scientific approaches to definition of concept and essence of entrepreneurial legal entity, disclosure of the bases, legal forms and ways of the termination of entrepreneurial legal entities, formation of proposals on improvement of norms of the current legislation in the specified field. The paper, based on the study of scientific papers, indicates that the concept of "entrepreneurial legal entity" is broader than the concept of "business company", as it includes an exclusive list of entrepreneurial associations defined in Art. 84 of the Civil Code of Ukraine, and legal entities in other forms established by law, as provided in Part 1 of Art. 83 of the Civil Code of Ukraine, if such legal entities have a sign of the right to distribution of profits between shareholders and the purpose of activity - to make a profit. It is substantiated that the legal regulation of termination of entrepreneurial legal entities is determined by the legal framework and local acts of these organizations depending on the type and organizational and legal form of the legal entity, which is formed by one or another classification criterion. Regarding the expediency of unification of legal norms on termination of entrepreneurial entities within a single special legal act, it was concluded that the adoption of such an act should not be an end in itself for the legislator, as the accumulation of legislation by special laws governing certain procedures during management entrepreneurial legal entities, will cause more conflicts in the application of legislation and will not contribute to the unification of legal norms in the context of regulation of entrepreneurial legal entities in general.

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