Правові форми участі держави в цивільно-правових відносинах

In the article, the author examines the legal forms of the state’s participation in civil law relations, in particular the legal problems of the state’s creation of legal entities under public law, examines both the doctrinal and legislative provisions of the current legislation. The article provides a definition of the concept of a legal entity of public law, features, and criteria for distinguishing it from legal entities of private law. A legal entity under public law is defined as legal entities that are created directly by law or an administrative act as bearers of public tasks, their organization is regulated by the prescriptions of public interest laws, and they generally perform relevant public functions. The criteria for distinguishing legal entities under private and public law include the following: 1) interest; 2) the presence of authority; 3) organizational and property subordination of a legal entity. The author examines judicial practice regarding the establishment of a legal fact on the issue of classifying a state-owned enterprise as a legal entity under private law. The article analyzes the issue that only state bodies have the authority and competence to create legal entities under public law, local self-government bodies and private individuals cannot have such competence. The author considers the issue of the responsibility of the local self-government body for the debts of commercial enterprises. The article analyzes the legal status of an educational institution as a legal entity under public law on the example of a state university. The author examines the issue of the state’s creation of legal entities of private law. The most common organizational and legal form in which legal entities under private law are created are joint-stock companies. The article analyzes the current legislation in the field of corporatization of state enterprises. The author analyzes the legal status of a public joint-stock company, considers the issues of its creation and nature of activity.