The dissertation is devoted to a comprehensive study of the main stages of the formation of the legal personality of a legal entity based on the analysis and synthesis of relevant branch approaches and concepts related to the problems of the formation of the legal personality of legal entities - business entities and other branches of law.
It was determined that the legal personality of a legal entity is a system of such individual features that allow to distinguish and individualize a specific legal entity from among other legal entities and establishes the legal relationship of such a legal entity with the outside world, depending on its place in this world .
It is substantiated that the legal capacity of a legal entity is a real possibility of a specifically identified and separated from other legal reality subject of law to be the center of legal reality, the creator, bearer and implementer of rights, interests and obligations. The vast majority of legal entities are endowed with general or universal legal capacity, that is, such legal entities can engage in any activity that is not prohibited by law; special legal capacity of a legal entity means the ability to carry out only separately defined activities; such restrictions are established only for certain types of legal entities that are created for exclusive activities.
It has been proven that the legal capacity of a legal entity is a broad system-forming concept that includes the following elements (or abilities): right-acquiring (the specific ability of a legal entity to acquire rights or obligations); right-implementing and law-enforcing (the ability of the subject of the right to exercise previously acquired rights and perform the duties assigned to him by his actions); law enforcement (the right subject’s ability to dispose of his rights independently at his own discretion, exercise them or refuse to exercise them (as a passive form of exercise of the right), authorize a third party to exercise them or terminate them, etc.); tort capacity (a person’s ability to be responsible for torts committed by him or his legal representatives).
A classification of types of legal personality of a legal entity has been developed, which determine its ability to participate in various legal relations: civil legal personality - defines the ability to have civil rights and obligations, i.e. the ability to own property, enter into contracts, bear responsibility for one’s obligations, as well as the ability to acquire civil rights and create civil duties through its actions, is realized through its bodies; economic legal entity is a legally defined opportunity to be a participant in economic legal relations, to acquire and exercise rights, interests and obligations through its bodies or participants, including participation in tenders, signing contracts, carrying out economic transactions, etc.; administrative legal personality is an ontological property of subjects of administrative law, which they receive as a result of the action of sectoral legal norms, which endows such a subject with a certain range of rights and obligations and establishes specific ways and methods of their implementation; labor legal personality is the property of a legal entity to have, possess, and exercise labor rights and obligations, as well as to bear legal responsibility for their non-fulfillment or improper fulfillment, defined by the norms of labor law; international legal personality is the ability of a legal entity to acquire international rights and create international obligations through its actions, i.e. to participate in international legal relations, including signing international agreements, participating in international organizations, conducting foreign economic activities.
Key words: legal entity, legal entity, association of legal entities, branches, representative offices, legal personality, legal capacity, legal capacity, formation of legal personality, scope of legal personality, content of legal personality, limitations of legal personality, assignment legal personality, legal regulation, legal status, Ukrainian law, theory of fiction, constituent documents, legal system.
