LEGAL PROBLEMS IN THE CLASSIFICATION OF LEGAL ENTITIES OF PUBLIC LAW: A COMPARATIVE STUDY
LEGAL PROBLEMS IN THE CLASSIFICATION OF LEGAL ENTITIES OF PUBLIC LAW: A COMPARATIVE STUDY
Author(s): Viktoriia Piddubna, Аnatoliy Stativka, Ganna KorniyenkoSubject(s): Law, Constitution, Jurisprudence, Public Law
Published by: Mykolas Romeris University
Keywords: public legal entities; state institutions; classification of legal entities; legal doctrine; territorial communities; state;
Summary/Abstract: Since the institution of public legal entities plays an important role in contemporary society, both in the state and in the economic development of countries, there is a need to clear up its legal status and specifics. The lack of a clear, universally accepted classification criterion for distinguishing between legal entities under public law and legal entities under private law leads to difficulties in determining their legal status and resolving civil disputes involving public law entities. An evaluation of the current theoretical provisions regarding legal entities is required for the development of their further improvement, as well as for their adaptation to market relations and free entrepreneurship. This study aims to identify: the specific features of legal entities in public law; the main peculiarities that can be used to distinguish legal entities established under public law from legal entities established under private law; the criteria underlying the selection of legal entities; as well as the status of research on the institution of public law legal entities in France, Germany and Ukraine. The result of this scientific paper is elucidation of the significance of the classification of legal entities under public law as participants in civil legal relations. This research highlights the importance of clearly defining and consolidating legal entities under public law in regulatory documents to streamline litigation processes, using the notion of their purpose as a comprehensive classification criterion and drawing on the benefits observed in the exhaustive lists of public-law entities in France and Germany.
Journal: International Comparative Jurisprudence
- Issue Year: 9/2023
- Issue No: 1
- Page Range: 80-91
- Page Count: 12
- Language: English