scholarly journals Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states

2020 ◽  
pp. 392-398
Author(s):  
Olga Ovechkina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Member States ◽  
Legal Entity ◽  
Eu Member States ◽  
Cross Border ◽  
Eu Directive ◽  
The Status ◽  
Personal Law ◽  
Legal Entities

entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice. In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.

scholarly journals Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states

2020 ◽  
pp. 392-398
Author(s):  
Olga Ovechkina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Member States ◽  
Legal Entity ◽  
Eu Member States ◽  
Cross Border ◽  
Eu Directive ◽  
The Status ◽  
Personal Law ◽  
Legal Entities

entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice. In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.

scholarly journals Signs of a Legal Entity of Public Law under the Legislation of Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 386-394
Author(s):  
V. F. Poddubnaya ◽  
A. M. Yevkov ◽  
Yu. M. Filonova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Method ◽  
The Status ◽  
Separate Property ◽  
Cis Countries ◽  
Legal Entities

The article examines the legal status of legal entities of public law as participants in civil circulation. Both general and special research methods were used, which were determined by the purpose of the article, taking into account the object and subject of the research. To study the above-mentioned civil law relations in their interconnection and development, the dialectical method was used. The comparative legal method was used to analyze the world experience of legal regulation of the status of legal entities of public law in foreign legislation and the doctrine of law, in particular, in the legislation of the CIS countries. Results showed that legal entities of public law are organizations; as legal entities; have the characteristics of a legal entity: organizational unity, the presence of separate property, acting in circulation on their own behalf, independent civil liability. In addition to the general features of a legal entity, legal entities of public law also have special features that characterize them as participants in civil turnover. It was concluded that legal entities of public law are a type of legal entity, are created in the administrative order by the state and have targeted legal capacity.

scholarly journals General And Limited Partnerships: Features Of Legal Regulation In Ukraine And European States

2021 ◽  
pp. 130-142
Author(s):  
V.V. Anatiichuk
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Legal Entity ◽  
Joint Activities ◽  
The Status ◽  
Legal Forms ◽  
Limited Partnerships ◽  
Legal Entities

The article focuses on one of the corporate forms of entrepreneurial activity - general and limited partnerships. Limited liability companies and joint stock companies are among the most popular legal forms of companies. However, the development of Ukrainian legislation moves in the direction of creating a system of different forms of entrepreneurship, which are aimed at different needs and interests of their founders. Such forms of entrepreneurship exist and operate successfully in Europe. Carrying out a comparative analysis in the article allows the author to confirm the existing thesis that there is no single vector in European countries concerning the legal status of these partnerships. Some states define these partnerships as legal entities, others - as a form of joint business activity. It is emphasized in the article that the European legal space is characterized by the use of the concept of defective legal entity. The author perceives any of these European approaches, but points to the need for its consistent reflection in all legal acts that determine the status of general and limited partnerships. The article supports the assertion formed in the scientific literature about the criticism of domestic legislation on general and limited partnerships. Such criticism concerns to those norms of Ukrainian legislation, which use untypical provisions for legal entities. All existing researches are directed to one aim - to develop a single vector in the regulation of general and limited partnerships. They should be regulated either as legal entities or as forms of joint activity on the basis of an agreement. The author states that the main attention in granting general and limited partnerships the status of a legal entity should be focused on clear boundaries between the liability of a legal entity and the subsidiary liability of its members. The article supports leading scholars’ critical assessment of the legislative definition of general partnerships as an association of persons for joint business activities. Based on the analysis of the definitions of a general partnership in EU law (for example, France), it is proposed to define a general partnership as an association of persons engaged in business activities through joint contributions of all participants (full partners) and their subsidiary liability for the company’s obligations. This wording indicates that the partnership itself carries out business activities, and not its members. The author also does not deny the possibility of introducing general and limited partnerships as associations of persons on the basis of an agreement on joint activities. At the same time, it is noted that all norms of national legislation should consistently adhere to such concept.

scholarly journals Features of transformation of legal entities in the conditions of Brexit

2021 ◽  
pp. 531-538
Author(s):  
Olha Ovechkina
Keyword(s):  
United Kingdom ◽  
The State ◽  
Member States ◽  
Eu Member States ◽  
The United Kingdom ◽  
The Status ◽  
The Uk ◽  
Actual Location ◽  
The Eu ◽  
Legal Entities

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

scholarly journals Legal status of direct sales of agricultural and food products in the legislation of selected EU Member States

2020 ◽  
pp. 65-77
Author(s):  
Anna Kapała
Keyword(s):  
Legal Status ◽  
Food Products ◽  
Agricultural Activity ◽  
Business Law ◽  
Member States ◽  
Direct Sales ◽  
Eu Member States ◽  
Italian Law ◽  
The Status ◽  
Definition Of

The purpose of the discussion presented in the article was to determine the legal status of direct sale of agricultural and food products and its place in the agricultural activity in the legislation of selected EU Member States: Poland, Italy, and France. The considerations show that each legislator has chosen a different way of determining the legal status of this activity, though with a view to a similar ratio legis, which is to support it by enabling and facilitating farmers involvement. In Polish law, “agricultural retail sale” is outside the narrow definition of agricultural activity. It is not, however, subject to the provisions of business law provided it meets the conditions specified in law. Italian law defines the status of direct sales explicitly as agricultural, situating them among connected agricultural activities carried out by the agricultural entrepreneur. The detailed criteria for its connection with the agricultural activity by nature constitute a separate special regulation. In French law, thanks to the broad definition of agricultural activity, the place of direct sale as an agricultural activity par relation which is an extension of the act of production, is defined by case-law.

THEORETICAL AND PRACTICAL PROBLEMS OF ESTABLISHING BENEFICIARY OWNERS OF ECONOMIC LEGAL RELATIONS PARTICIPANTS

2017 ◽  
Author(s):  
Anastasiia Diadiuk ◽  
Keyword(s):  
National Level ◽  
Legal Regulation ◽  
Primary Component ◽  
Legal Entity ◽  
Insider Information ◽  
Economic Relations ◽  
Decisive Influence ◽  
The Status ◽  
Financial Monitoring ◽  
Legal Entities

The article is devoted to issue establishing and disclosing the beneficial owner by the participants of economic relations. The identification of beneficial owners is an integral and primary component of preventing and combating money laundering, terrorist financing, and the proliferation of weapons of mass destruction. The current legislation supplemented the range of persons to whom identification and verification procedures should be by trusts and «other similar (to trusts) legal entities». Nevertheless, the definition of beneficial owners in this category of persons has been complicated by the lack of proper legal regulation of trusts at the national level and lack of unification in international law. Subjects of primary financial monitoring must take into account many different types of trusts and similar structures. Trust has to be recognized even in a combination of the beneficiary and the proxy in one person. The concept of «other similar (to trusts) legal entities» should be consolidated by establishing their qualifications. The beneficial owner, unlike the beneficiary, can only be a person who has direct or indirect influence (control) over the client's activities and does not have the status of an intermediary, commercial agent, or nominal owner/holder. The features of the concepts «significant influence on the management or activity of a legal entity» and «decisive influence (control)» are analyzed. The availability of access to insider information and the possibility of its use personally or through third parties should be studied for financial monitoring purposes, as it may indicate the indirect decisive influence on a legal entity or other legal entities.

Main stages of establishment of farms in independent Ukraine

2021 ◽  
pp. 125-132
Author(s):  
M. Dolynska
Keyword(s):  
Legal Status ◽  
Functional System ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Family Farms ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Natural Person ◽  
The Status ◽  
Logical Semantic

Purpose. The aim of the article is to outline the evolution of the formation of farms from peasant (farmer) farms to family farms during 1991-2021 in independent Ukraine; to distinguish separate stages of development of various agricultural formations, which were called "farms" in independent Ukraine. Methodology. The methodology covers a comprehensive analysis and generalization of available scientific and theoretical material and the formation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: comparative-legal, logical-semantic, functional, system-structural, and logical-normative. Results. In the course of the research, the historical and legal analysis of the legal status of the most common types of agribusiness entities such as peasant farms, family farms of independent Ukraine is carried out. Scientific novelty. Having analyzed the development of farming in Ukraine during 1991-2021, five main stages of the development of farming in independent Ukraine are determined. The author states that the main types of farms in Ukraine since 2017 are: a farm-legal entity and a farm without the status of a legal entity, which is registered as a natural person-entrepreneur. Members of one family who have established a farm in the form of a family farm based on registration of a natural person-entrepreneur are co-entrepreneurs of the above-mentioned family farm.Practical significance. The results of the research can be used in lawmaking and law enforcement during the preparation of normative and legislative acts on the legal regulation of farming.

scholarly journals Internetional Experience Of Legal Regulation Of The Status Of Non-Entrepreneurial Legal Entities

2021 ◽  
pp. 22-33
Author(s):  
O.I. Zozuliak ◽  
Yu.I. Paruta
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Personality ◽  
For Profit ◽  
The Status ◽  
Legal Model ◽  
Charity Organization ◽  
European Standards ◽  
Legal Entities

The article deals with studying the legislation of individual countries on the legal status of non-entrepreneurial legal entities. It is stated that in international practice there is no single term that would describe all non-entrepreneurial legal entities. Typically, several terms are used, such as non-for-profit orgnisation, non­governmental organization, charity organization, private voluntary organization, civil social organization. In the scientific work authors analyzed the documents that are common to the whole European community and individual countries. The main features of non­entrepreneurial legal entities according to European standards are outlined. Among them: the main goal can not be making a profit, and in the case of making a profit it is aimed at achieving the goals for which the organization was created, non­entrepreneurial legal entities with legal personality acquire the same rights as other legal entities, the possibility of creating member organizations and organizations without membership. It is noted that the division of non-entrepreneurial legal entities on the basis of the system is the fundamental in Poland. That is why non­entrepreneurial legal entities in Poland are divided into companies and foundations. German law provides the creation of not only companies and foundations, but also associations that may not be intended for business purposes. The scientific work studies not only the provisions of legislative acts, but also the scientific developments of domestic and foreign scientists. In particular, doctrinal approaches to non-entrepreneurial legal entities in Germany, Japan, England and Wales were studied. It is concluded that it is not possible to accept the legal model of a non­entrepreneurial legal entity of a certain country and introduce it into national legislation, because each country has its own peculiarities.

scholarly journals Legal regulation of cooperation in Russia in 1917

2021 ◽  
Vol 26 (4) ◽  
pp. 202-208
Author(s):  
Yuliya O. Novikova
Keyword(s):  
Rapid Growth ◽  
Spiritual Development ◽  
Legal Status ◽  
Well Being ◽  
Legal Regulation ◽  
Legal Entity ◽  
The Status ◽  
Cooperative Partnership ◽  
Definition Of ◽  
First Time

The article deals with the features of the normative legal regulation of cooperation in 1917. New provisions regulating the activities of cooperative associations, that were fundamentally different from the norms of the cooperative legislation of the tsarist government, are defined. The author highlights the ideological foundations of the cooperative policy of the Provisional government, which influenced the formation of the main provisions of the cooperative legislation in 1917. Key features of the cooperative legislation of 1917 stand out: the determination of the legal status of cooperative companies for the first time a legislator was fixed definition of the concept of "cooperative partnership"; an accomplished fact of registration of a legal entity, this provision was introduced by the legislator for the first time since before the 1917 registration of a legal entity was permissive. This provision greatly facilitated the creation of cooperative associations, which contributed to their rapid growth. Another feature was that minors were allowed to become a member of a cooperative partnership from the age of seventeen, but they were not allowed to be included in the control and management bodies. Cooperative societies were now considered not only as an institution that increased the material well-being of the population, but also as an institution for its spiritual development. Since 1917, there had been a rapid growth of Union associations of cooperative associations both in the provincial and all-Russia ones. This was also a consequence of the new cooperative legislation. It is concluded that the rules of law that completely re-built the cooperative network, defined the status of cooperative partnerships, gave a new impetus to the development of cooperation as a powerful social movement that can mobilize huge masses of the population.

scholarly journals PENINGKATAN HAK GUNA BANGUNAN YANG HABIS MASA BERLAKUNYA MENJADI HAK MILIK ATAS TANAH

2019 ◽  
Vol 3 (2) ◽  
pp. 353
Author(s):  
Werdi Haswari Puspitoningrum
Keyword(s):  
Legal Status ◽  
Land Rights ◽  
Legal Entity ◽  
The Status ◽  
Ownership Rights ◽  
Personal Law ◽  
The Way

Status hukum HGB yang sudah berakhir masa berlakunya menurut peraturan perundang-undangan adalah kembali kepada status hukum asal hak atas tanah tersebut, yakni kembali menjadi tanah negara atau tanah dengan hak-hak tertentu yang dikuasai oleh subyek hukum pribadi atau badan hukum perdata.Tanah berstatus HGB yang habis masa berlakunya tidak dapat ditingkatkan menjadi hak milik. Meskipun demikian, dalam peraturanperundang-undangan telah disediakan dua carayang memungkinkan pemegang HGB yang jangka waktunya berakhir tetapmenjadi pemegang HGB, yaitu melalui perpanjanganhak dan pembaharuan hak. Cara mengajukan permohonan peningkatan status tanah dari HGB yang sudah habis masa berlakunya menjadi hak milik adalah dengan mengajukan kembali HGB yang telah berakhir masa berlakunya melalui perpanjanganhak atau pembaharuan hak.Kata Kunci: peningkatan,  hak guna bangunan, hak milik            The legal status of the HGB which has expired according to legislation is returning to the legal status of origin of the land rights, namely returning to state land or land with certain rights controlled by subject to personal law or civil legal entity. Land with a status of HGB which expires cannot be increased to ownership rights. Nevertheless, in the legislation two ways have been provided which allow HGB holders whose term expires to become HGB holders, namely through extension and renewal of rights. The way to apply for an increase in the status of land from HGB that has expired into ownership is by re-submitting the HGB which has expired through extension or renewal of rights. Keywords: improvement building rights, right of ownership  

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