Popko Yu. Ya. Legal status of agricultural legal entities under the civil legislation of Ukraine. – Qualifying scientific work on the rights of the manuscript.
Dissertation for the degree of Doctor of Philosophy in specialty 081 «Law». – Lviv State University of Internal Affairs, Lviv, 2022.
The dissertation has been aimed at complex solution of scientific and practical tasks and research of civil law status of agricultural legal entities in Ukraine.
The dissertation is the first comprehensive study, which has conducted a detailed scientific and theoretical analysis of the civil status of agricultural legal entities in Ukraine and developed on its basis proposals and recommendations to improve the relevant regulations.
The section 1 «General theoretical characteristics of legal entities engaged in agriculture» has explored the concepts and sources of legal regulation of agricultural legal entities, as well as has clarified the system and classification of legal entities engaged in this field.
The section 2 «Civil law regulation of the procedure for the establishment and operation of agricultural legal entities» has been devoted to the analysis of the legal regulation of the procedure for the establishment and operation of agricultural activities of agricultural legal entities.
The section 3 «Peculiarities of termination of agricultural legal entities» has described the peculiarities of reorganization and the procedure for liquidation of agricultural legal entities.
Also in the dissertation the following statements has been improved: according to which the farm is not a separate organizational and legal form of legal entities. Given that the farm can be registered as a legal entity or as a business entity – an individual under the contract, given the need for family, family relations between members of farms, we can distinguish farms as independent organizational forms of economic activity; the approach according to which the transfer of funds from an indivisible fund to another cooperative organization is contrary to the legitimate interests of owners, is justified in relation to business agricultural cooperatives, and therefore the current legislation in this part is subject to change. Instead, similar rules for non-entrepreneurial agricultural cooperatives are justified and should be maintained; definition of the term «liquidation of a legal entity», which should be understood as a procedure established at the legislative level, which covers a set of mandatory consecutive actions resulting in termination of the legal entity, and which allows partial succession in cases specified by law or constituent documents.
The formulated conclusions, proposals and recommendations in the study can be used for general theoretical work and improving the law in the field of legal regulation of the status of agricultural legal entities, can be used in research, practical and legislative activities, as well as in the educational process of higher education «Law».
Key words: legal entity, enterprise, agricultural legal entity, agricultural cooperative, farm, partnership, subject of entrepreneurial activity, harmonization, management, non-fulfillment of obligations.
