ПОНЯТТЯ ТА ЗМІСТ ГОСПОДАРСЬКОЇ ПРАВОСУБ’ЄКТНОСТІ НА СУЧАСНОМУ ЕТАПІ СТАНОВЛЕННЯ ГОСПОДАРСЬКОГО ПРАВА

Abstract

With the development in Ukraine, the fundamentals of a  market economy are rethinking the many phenomena that existed during the planning and distribution economies of a bygone era. Undoubtedly, they also include the creation of economic entities and their associations, which acted as an intermediate link between the enterprises and the structural subdivisions of public authorities in certain branches of the national economy. In market economies, business associations emerge with the aim of combining organizational and property efforts of business entities to ensure (increase) the effectiveness of their activities. They are created as a result of acquisitions and contractual forms in order to expand the investment opportunities of legal entities that are members of an economic association, to simplify settlements between them, to diversify production.

The most important principle in creating business associations is to achieve maximum production efficiency (reducing costs, increasing output, maximizing profits). In today's conditions in Ukraine, a large number of business organizations are being created in order to combine capital, resources, increase production efficiency, preserve the integrity of industrial complexes. Consolidation in all its forms is of great interest on the part of modern business entities, since the benefits of establishing business associations are obvious; this is, in particular, the combination of technical experience, production savings, efficiency in management.

World experience shows that the effective economic activity of small businesses is possible, provided that efforts are made and strong economic ties are established with larger businesses. In these conditions, the scientific substantiation of legal mechanisms of creation and functioning of business organizations (associations) in Ukraine becomes especially relevant. Their existence in modern conditions is caused by objective processes of consolidation and concentration of production, which is happening in the economy of Ukraine.

As a general rule, the order of creation, activity, reorganization and liquidation of certain organizational forms of business entities is determined by the legislation of Ukraine (enterprises, associations of enterprises, ministries, etc.). In addition, the entrepreneur has the right to choose the legal form of his enterprise. This may be one of the statutory forms or may not even be provided (for example, borrowed from abroad). In this case, the entrepreneur is guided by the Law of Ukraine "On Entrepreneurship" and its charter [3].

The second feature of a business entity is that it has legally separated and secured property in the form of fixed assets, current assets and other values. In other words, the economic entity is independent in property and does not depend on its founders and participants in its decisions. The property of a business entity is separated and assigned to it in a legal form, the elements of which the business law has determined the constituent documents (founding agreement, charter, act of creation, regulation) of the entity, independent or consolidated (for business associations) balance, which reflects the property value of the entity as a whole, current and other bank accounts.

Ownership law and economic legislation on property management determine the legal title to which the property belongs to the subject. These may include ownership, full economic ownership (in particular for state-owned enterprises), operational management rights (for ministries, other state institutions and organizations on the state budget, for state-owned enterprises), lease rights (leases and other enterprises, formed on the basis of leased property).

Third, a purely legal feature of a business entity is its economic personality. A business entity has the opportunity, based on "the law, to acquire from it, those property and personal non-property rights, enter into obligations, act in judicial bodies. The legal personality of a business entity is doctrinally defined as economic competence, ie the totality subjects of economic law (except for divisions of organizations and citizens- entrepreneurs) are legal entities.