LEGAL NATURE OF LEGAL ENTITIES UNDER PUBLIC LAW IN THE DOCTRINE OF ADMINISTRATIVE LAW OF UKRAINE

Abstract

The article is devoted to the study of the legal nature of public law legal entities in the doctrine of administrative law of Ukraine. The legislative consolidation and trends of scientific research regarding the concept of “legal entities under public law” are considered. The characteristics of legal entities that determine the status of a legal entity under public law are analyzed. A “legal entity under public law” and a “legal entity under private law” are compared based on the following criteria: purpose/goals of activity; legal regime of property; legal capacity; the presence/absence of the possibility to issue normative legal acts; method of formation; list of organizational and legal forms, etc. The issue of the competence of a legal entity under public law is raised, which should be understood as an element of its administrative-legal status, which is outlined by special public legal norms, includes powers (rights/ obligations), subject matter and sphere of activity. The competence of a legal entity under public law directly depends on its organizational and legal form. For a better understanding of the legal nature of legal entities under public law, the concept of “administrativelegal status”, “powers” and “rights and obligations” is studied. Emphasis is placed on the fact that there is no unanimous approach to the construction of better application – rights and duties, powers. Usually, the term “powers” is used to outline the power rights/obligations of state or municipal authorities, other subjects of delegated powers. Whereas the term “rights and obligations” is applied to legal entities under private law. The author comes to the conclusion that the legal nature of a legal entity of public law in the doctrine of administrative law directly depends on its features, its competence and administrative-legal status. A legal entity of public law is an organization that, unlike a legal entity of private law, is created in accordance with the norms of public law and on the basis of an administrative document of the Head of State/President of Ukraine, a state authority, an authority of the Autonomous Republic of Crimea, a local self-government authority/municipal authority for the purpose of performing the functions of the state and/or local self-government.