Trends of the development of legislation and doctrine of private law regarding organizational and legal forms of legal entities

Abstract

The article raises certain issues in the light of the recodification of the Civil Code of Ukraine. One of the aspects of the research is legal approaches regarding the procedure for determining the organizational and legal forms of legal entities. Attention is focused on the fact that all developments in the study of organizational and legal forms of a legal entity can be divided into three concepts.
Accordingly, the first concept mediates an approach according to which it is allowed to select several organizational and legal forms of legal entities, with the maximum grouping of them according to certain characteristics.
The second concept involves the use of an open list of organizational and legal forms of a legal entity. At the same time, what is problematic in this concept is that legal entities are often attributed to an independent organizational and legal form due to their individualizing features. However, such signs are not sufficient to distinguish an independent organizational and legal form, instead, it is worth dividing by species.
The third concept consists of a closed list of organizational and legal forms of a legal entity with a corresponding dichotomous division into companies and institutions.
The authors of the article stand in solidarity with the developers of the Concept in that the legal regulation of organizational and legal forms should be developed in the direction of a closed list of organizational and legal forms of legal entities - companies and institutions.
It is emphasized the need to systematize those legal entities that are part of the organizational and legal form «institution», because institutions, foundations, individual legal entities of public law operating in the organizational and legal form of an institution differ in their legal status, and the fundamental principles of such a distinction must be reflected in the Civil Code of Ukraine.
The authors conclude on the need to strengthen the role of the Civil Code of Ukraine in determining the legal status of legal entities under public law. This can be provided by definition in the Code of Ukraine norms that would indicate the fundamental nature of the provisions of private law when regulating the institution of a legal entity under public law.