ON THE ESSENCE OF THE STATUS OF ENTERPRISES COLLECTIVE PROPERTY

Abstract

Substantiated that points Order Derzhspozhivstandart Ukraine, which is not expected creation and state registration of new companies with the legal form of PCI should be canceled. It is proved that it is expedient to revive collective ownership. Collective property must occupy an intermediate position between private and public and should take the positive features of each of these other types of property, get rid of negative traits. In determining the optimal set of powers set to be “vkladuvatysya” in the legal status of PCI should be based on the so-called beam powers that offered the British lawyer A. Onore. Analysis of these powers to determine a set of desirable properties for enterprises of collective ownership. In particular, it is appropriate to include such properties ownership, usage rights, the right management (decision, by whom and how a thing can be used), the right to income, the right to security, is immune from expropriation; perpetuity ban the use of harmful things other way. Unwanted properties for these companies. These include the right to “capital value” way, which implies the right to alienation use, modification or destruction of things; the right to transfer things by inheritance, bequest; liability to a penalty, ie the possibility of seizure way to pay the debt; residual, ie expectations “natural” return transferred to someone powers after the expiry of the transfer or loss when they take effect for any other reason. Conclusion: 1) Order Derzhspozhivstandart Ukraine items that are not supposed to create new and registered enterprise with legal form PCI should be abolished; 2) collective ownership should be revived and the latter should occupy an intermediate position between private and public. Collective ownership is to take positive features of each of these other types of property and get rid of negative traits that are also characteristic of the species. In determining the optimal aggregate set of powers that will “vkladuvatysya” in the legal status of PCI should be based on the so-called beam powers, which offered British lawyer A. Onore.