ОСОБЛИВОСТІ ПРАВОВОГО СТАТУСУ ПІДПРИЄМСТВ В ГОСПОДАРСЬКОМУ ПРАВІ УКРАЇНИ

Abstract

Article is devoted to determining the legal status of enterprises in the commercial law of Ukraine. Theoretical approaches to defining the essence of the concept of "economic activity of the enterprise" are considered. The provisions of the normative legal acts that define the definition of the legal status of the enterprise are analyzed. The essential features and characteristics of the enterprise are investigated.

The article argues that the legal capacity of the enterprise is determined by the legal regime of property, while the ownership and economic right determine the overall legal capacity of the enterprise and the ability to qualify their activities as entrepreneurial, and the right of operational management - a special legal capacity.

It also provides a theoretical generalization of the legal status of an enterprise as an entity, its economic competence and responsibility at the current stage of market economy formation. It is noted that enterprises, both legal entities that carry out economic activity in both the public, communal and private-collective sectors of the economy, have both special and general legal capacity.

The legislation characterizing the multifaceted use of the term "enterprise" is considered. In domestic law, the term "enterprise" has always been used to define the subject or object of law. At the same time, there was often a confusion of the semantic meanings of the term, which impeded action. The Economic Code of Ukraine is analyzed, which finally put an end to the ambiguity of using the term "enterprise", defining the last subject of economic relations, and the object of transactions - the whole property complex of the enterprise as real estate belonging to the enterprise. Thus, it is necessary to distinguish between an enterprise as an entity and its property complex.

Thus, they defined the concept of enterprise and established that it is an economic organization, a really existing social entity, a legal entity that has specific economic and social functions in the economic system, namely the function of a collective producer, which satisfies the public needs for products, works and services.