LEGAL REGIME OF PROPERTY OF THE NATIONAL ACADEMY OF SCIENCES OF UKRAINE AND NATIONAL BRANCH ACADEMIES OF SCIENCES: A PARADIGM SHIFT

Abstract

The article analyzes the consequences of the large-scale reform launched in the sector of state and municipal property, taking into account more than twenty years of experience of parallel regulation of these relations by the Civil and Commercial Codes of Ukraine. The author analyzes the issues of further legislative regulation of relations in the sector of state and municipal property, in particular, corporatization of state and municipal enterprises, transparency of management of state and municipal property, replacement of quasi-real rights of economic management and operational management with private law structures of temporary use (lease), management of other people’s property, and usufruct. Detailed attention is paid to the reform of the property complex of the National Academy of Sciences of Ukraine and sectoral academies. The mechanism of termination of existing enterprises whose sole participant (founder) is the National Academy of Sciences of Ukraine or sectoral academies is considered, given the ban on subsidized financing of such enterprises from the state and local budgets envisaged from 2027. The author examines the procedure for forming the authorized capital of a legal entity – a legal successor, the procedure for relations with creditors, mortgagees, tax authorities of reorganized enterprises, and the legal consequences of failure of the Presidium of the National Academy of Sciences of Ukraine or sectoral academies to make decisions on the transformation or liquidation of enterprises. The author analyzes the challenges associated with the introduction of the institute of usufruct into property circulation, and the peculiarities of transferring property to organizations under the jurisdiction of the National Academy of Sciences of Ukraine and sectoral academies.