Suchergebnisse

Non-commercial organizations are an important segment of civil society in Ukraine. In order to develop its institutes it is necessary to change legal regulation. That is why commercial legislation becomes more important as a system of legal acts which define the status of non-commercial entities in business activities. There are no doubts that non-commercial organizations play a significant role in formation of modern civil society. It is possible to notice some changes in solving of national and local tasks related to the development of economy and social security. Activities of these organizations not only ensure operation of numerous public associations but are also remarkable element of the market system. Non-commercial organization is established to ensure equal conditions for all forms of property and types of business entities (irrespective of commercial nature) and as a result universality of mechanisms for indirect commercial relations. Topicality of the research on legal status of non-commercial business in Ukraine is resulted by the following factors: lack of theoretical provisions, existence of numerous problematic issues on fixing certain types of business entities in legislation, non-effective and ambiguous mechanism for legal regulation of their activities which arises in national law. One of the main conditions for business activities particularly non-commercial one is when the state confirms that the entity has entered business legally which is the procedure of legalization. Legitimization of non-commercial business entities includes several stages. All non-commercial entities should undergo the procedure of the state registration which includes entry of information to the Unified State Registry of Legal Entities, Individual Entrepreneurs and Public Organizations as well as the Registry of Non-Profit Organizations. In this regard, legitimization of non-commercial entities is authorization for carrying out of non-commercial activities which means that the business entity obtained the right to ...

It is known that establishment of associations of business entities is included to the mechanisms for ensuring of favorable conditions for development of modern market relations. Their role increases every year but there are no clear provisions in legislation about the notion of associations of legal entities as well as there is no single direction for development of legal regulation of relations regarding their activities. According to the Commercial Code of Ukraine legal entities have the right to unite their own activities based on the agreement (particularly joint operation agreement) and by establishing new entities (particularly joint companies). Joint companies play an important role among members of commercial relations. Procedures of consolidating funds and concentrating production which take place in modern Ukrainian economy contribute to business associations. In spite of their active participation in commercial relations and taking into account historical and economic conditions of their activities legal regulation of organization and activities of business associations in various business spheres are inadequate because: i) there are incompliances in legislation regarding business associations; ii) on practice one can see that associations are established and exist in the forms which are not provided for by Ukrainian legislation such as business group, the group of companies, financial and industrial group etc. They are not legally formalized, registered, do not have clear rights and duties of members, legal status of property etc. Certain issues which shall be regulated in legislation relate to establishment and activities of business associations such as procedure of managing the state association; differentiation of authorities between the Cabinet of Ministers of Ukraine and central executive agencies regarding establishment of the state associations, approval of the articles of association, appointment of managers etc.