Theoretical problems of defining the concept of «economic organization» Cover Image

Теоретичні проблеми визначення поняття «господарська організація»
Theoretical problems of defining the concept of «economic organization»

Author(s): O. O. Shchokina
Subject(s): Law on Economics, Commercial Law, Labour and Social Security Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: economic organization; business entity; undertaking;

Summary/Abstract: The concept of “economic organization” is known in the science of economic law since Soviet times. However, it did not become widespread and was used only by some scholars. The legal status of economic organizations has not been comprehensively studied in the Ukrainian science of economic law. The purpose of the article is to set out the theoretical problems of defining the concept of “economic organization” and to outline the directions of their solution. The term “economic organization” was first used in the draft of the Economic Code of Ukraine of June 15, 2001, submitted to the Verkhovna Rada for the second reading. Today, the definition of this concept is contained in Part 2 of Art. 55 of the Economic Code of Ukraine, according to which economic organizations are legal entities established in accordance with the Civil Code of Ukraine, state, municipal and other undertakings established in accordance with this Code, as well as other legal entities engaged in economic activity and registered in accordance with law. Economic organizations are characterized by a number of features that are mostly derived from the Economic Code of Ukraine: the status of a legal entity, its economic activity and the registration in the manner prescribed by law. The concept of “economic organization” is appropriate to denote all the diversity of economic entities, however its usage caused a number of theoretical problems. These include problems of: the relationship between the concepts of “economic organization” and “undertaking”, the status of a legal entity, the definition of organizational and legal forms of economic organizations, the distinction between commercial and non-commercial economic organizations and classification of economic organizations in general. The definition of “economic organization” needs to be clarified taking into account the following: in the economic turnover involves some business organizations that are not legal entities; the right to carry out economic activities should have an organization, that formed in the prescribed organizational and legal form, which provides economic competence for commercial or non-commercial economic activities.

  • Issue Year: 2/2021
  • Issue No: 20
  • Page Range: 173-188
  • Page Count: 16
  • Language: Ukrainian