Problematic Aspects Of Public Unions's Civil Status

Abstract

A scientific article is devoted to research of new participant of civil legal relation - public union with status of legal person. Focuses on the fact, that providing opportunities for legal persons of private law to be founders and members of public association satisfy European standarts about non-governmental organisations. As well as, it is noted that this possibility will serve to better realizing of their goal. It is supported the position of the legislator, that legal persons of public law can not be the founders and members of public unions. It is noted that the only significant difference between public union and public association is the subjective part. Of course, it is imposed some additional requirements for the registration and implementation of activities of public union, but they, are related to the subject part. The study analyzed which legal persons of private law may be recognized as public unions. The author concluded that public unions include: employers' organizations, association of employers, trade unions, self-regulatory organizations (trade - wmmerce and others, which are created on a voluntary basis), association of insurers, associations and credit unions and others which are created on a voluntary basis. Also, as public union can be recognize any association of legal persons of private law that do not have profit­making goal for the next allocation of earned money between participants

Revealed issues related to the civil liability of public unions. On the basis of national legislation and civil doctrine it is concluded that members of public unions, as a general rule, is not responsible for the obligations of such legal person. Nevertheless, it is noted that the charters of public associations, may provide the application to members of public unions of civil liability. The author proved that the imposition on members of public unions more responsibility for the obligations of the legal person can be realized only in that case when such member is involved in its management and public union carries on business.