UPDATING THE CIVIL CODE OF UKRAINE: AMENDMENTS TO THE GENERAL PROVISIONS ON LEGAL ENTITIES

Abstract

The ongoing socio-political and economic transformations in Ukraine require updating the main instrument of civil legislation such as the Civil Code of Ukraine, in particular the provisions relating to legal entities. The author of this article discusses the concept of a legal entity, the division of legal entities into legal entities under private and public law. The author outlines the criteria for distinguishing between these types of legal entities, namely, the instrumental and interest criteria. The author also reveals the essence of organizational and legal form and advocates the position that legal entities under private law may be incorporated solely as companies and institutions, and thus suggests that the requirement for a non-exhaustive list should be abolished. The author examines the features of companies and institutions. It is argued that regardless of the types of legal entities in question, all legal entities are incorporated as an organization. The way a legal entity is defined in each of the organizational and legal forms is reflected in the constituent document, which is unique to that form and separates the legal entity from other legal entities by specifying its name, location, management bodies, objectives, etc. This article raises the issue of the personal non-property rights of legal entities. Once a legal entity acquires its status, it gains personal non-property rights, including the right to a name and for business entities, the right to a commercial (brand) name, and the right to customize products, works, and services produced, performed or provided by such a legal entity. The author draws significant conclusions based on the results of the study.