ОРГАНІЗАЦІЙНО-ПРАВОВІ ФОРМИ ГОСПОДАРЮЮЧИХ СУБ’ЄКТІВ ЯК ІНСТРУМЕНТ ЗАБЕЗПЕЧЕННЯ ПІДПРИЄМНИЦЬКОЇ ДІЯЛЬНОСТІ

Abstract

Relevance of the problem due to the dynamics of the processes that have recently been observed in the fields of business activity, the expansion and complication of relations of business entities, which requires a systematic study, in particular, the organizational and legal forms in which such entities can be created and function at the present stage, as well as the definition of those requirements that the state puts forward to their activities in order to improve the overall situation.

Target of research. Conduct an analysis of established forms of business activity, organizational and legal forms of business entities, as well as new organizational forms and legal mechanisms for conducting business activities in accordance with the regulation of their current legislation.

Analysis of recent researches and publications. In the scientific literature, the problem of organizational and legal forms of economic entities engaged in entrepreneurial activity in one or another of its spheres has been investigated by some domestic scientists, in particular: in the sphere of corporations – Yu. Zhornokui; in the insurance sphere – N. Milovskaya; in the field of innovation – S. Glibko; in the sphere of tourism – N. Fedorchenko and others. The analysis of new organizational forms and legal mechanisms of entrepreneurial activity will allow at the theoretical level to improve approaches to structural elements and determinants, which will provide modeling of organizational forms of functioning of economic entities with the purpose of their further regulation at the legislative level.

Article’s main body. The article analyzes the organizational and legal forms of economic entities in the private and public sectors of the economy. It is argued that the activities of state, municipal and other enterprises must comply with universally recognized corporate standards. The provisions of the Law of Ukraine «On Limited and Additional Liability Companies» and the updated legislation in the field of agribusiness have been analyzed, particular attention is drawn to the novelties that it contains. The issues of investing in business are investigated.

Conclusions and prospects for the development. In modern conditions, the principle according to which entrepreneurship can be carried out on a collective and individual basis is well-established. Collective entrepreneurship is carried out either by a treaty between economic entities, namely joint activity contracts, or by creating legal entities, and in certain areas of entrepreneurial activity, in particular investment, by creating so-called quasi-entities. The search for new organizational forms and legal mechanisms of business activity continues using such universal legal forms and models as a legal entity, a civil contract, representation, which allows subjects of law to participate in business relations.