| Article | Institution as a Specific Legal Form of Non-Commercial Legal Entities |
|---|---|
| Authors | Borysova V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 4 / 2015 |
| Pages | 51 - 59 |
| Annotation | The article deals with the legal status of private and public institutions and makes proposals to improve the current legislation. An institution is proved to be a specific legal form of non-commercial legal entities; it is endowed with specific legal capacity, and its property can be used only for the intended purposes. It is proposed to distinguish between common features inherent in the institution as a non-commercial entity, and specific ones, characterizing it as a separate legal form of legal entity. It is argued that public law institution may carry out activities aimed at making additional income at its disposal; but these activities cannot be characterized as commercial. The author outlines that the legislator restricts the number of persons capable to establish the private law institution only to individuals possessing the property transferred thereto. Given the fact that the essence of the institution as a legal entity is an admeasurement of property, the duty of the founders to transfer property before the official incorporation of the institution is proposed to be enshrined in law. |
| Keywords | legal corporate form, private law institution, public law institution, institution of public power, targeted capacity, targeted property. |
| References | |
| Electronic version | Download |