LEGAL FORMS OF STATE PARTICIPATION IN CIVIL RELATIONS

Abstract

The article deals with the study of legal forms of state participation in civil relations. Today, an unresolved and complex issue is the existence of the legal personality of the state as a legal entity and state bodies for participation in property relations. The legal nature of the state and state bodies is analyzed. The article deals with the issues of direct participation or indirect participation of the state and state bodies. The legal forms of participation of the state in the creation of legal entities of public law, the creation of legal entities of private law, as well as the participation of the state in the activities of created legal entities are investigated. The article emphasizes that the types of legal entities of public law created by the state should be distinguished. State bodies vested with public authority and state institutions, which may have separate powers of authority. The article analyzes the signs of a state body and gives the author's conclusion about the participation of state bodies in civil circulation. The article examines the issue of the rights of legal entities of public law, in particular, the article emphasizes the need to replace the existing “quasi-speech” rights: the right of operational management and the right of economic management, as such that do not correspond to the principles of a market economy. It is proposed to replace these rights with market instruments in the form of organizational and legal forms of joint-stock and other companies, various types of contracts, private law structures of rights. The article in the historical aspect examines the legal approaches to the definition of the legal nature of the state. The issues of the concept and types of state bodies, their signs, features of the legal status and participation in civil legal relations are considered. The legal status of the legal entity of private law of PJSC Ukrzaliznytsia is analyzed and it is necessary that the creation and regulation of the activities of this legal entity takes place in accordance with the Law of Ukraine “On Joint Stock Companies”. But there is another scientific position that PJSC “Ukrzaliznytsia” belongs to legal entities of public law. And since today there are no clear criteria for distinguishing between these legal entities, this issue should be clarified in order to resolve practical issues that arise in the activities of such legal entities.