Legal forms of participation of the territorial community in civil legal relations
In the article, the author studies the legal forms of participation of a territorial community in civil relations. The case law on the legal forms of participation of a territorial community as subjects of civil legal relations is analyzed. Thus, when considering a cassation appeal, the Cassation Administrative Court of the Supreme Court made legal conclusions that non-normative acts of local self-government are acts of one-time application, they exhaust their effect with the fact of their execution, and therefore cannot be canceled or changed by a local self-government body after their execution. Local self-government bodies cannot cancel their previous decisions, make changes to them, if, in accordance with the provisions of these decisions, legal relations related to the implementation of certain subjective rights and interests protected by law have arisen, and the subjects of these legal relations object to their change or termination. The article analyzes the legal status of legal entities of public law that can be created by a territorial community. The author considers the features of the creation and operation of municipal enterprises. The article analyzes the legal regime of the property of municipal enterprises, in particular, one of the types of rights to someone else’s property (usufruct) is considered. The author investigates the issue of the liability of a local government body for the debts of created municipal enterprises. The article analyzes the issue of concluding concession agreements by a territorial community, examples of judicial practice are given. The article investigates the issue of creating private law legal entities by a territorial community. Thus, the creation of a joint-stock company includes determining the founders, concluding a founding agreement (if there are several founders), issuing shares, holding constituent meetings and state registration of the company. Shares can be placed exclusively among the founders, which can be either one person or several individuals or legal entities, including the territorial community itself. The author analyzes the judicial practice of the participation of a territorial community in relations with business companies.
Authors
- Viktoriiа Piddubna (ORCID: https://orcid.org/0000-0001-6532-9884)
- A. Panfilova-Turchina
Institutions
- Max Planck Society (DE)
- Copiah-Lincoln Community College (US)
Publication Details
- Journal
- Uzhhorod National University Herald Series Law
- Published
- 2025-10-14
- DOI
- https://doi.org/10.24144/2307-3322.2025.90.2.23
- Primary Topic
- European and International Law Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00