The problem of criteria for classifying legal entities to public law

The division of legal entities into two categories according to the criterion of their belonging to public law or private law is carried out on the basis of the provisions of Art. 81 of the Civil Code of Ukraine, according to which the basis for the division of legal entities based on whether they belong to private or public law is the order of their creation: for legal entities of public law - by decision of an authorized body of the state, of the Autonomous Republic of Crimea/ARC or local self-government body, and for legal entities of private law - in accordance with the founding documents in accordance with Art. 87 of the Central Committee of Ukraine. The assignment of legal entities to the sphere of public law has important consequences for them: special requirements for activities, including compliance with anti-corruption requirements in accordance with the legislation and in particular the provisions of the Law of Ukraine "On Prevention of Corruption". However, the specified criteria for classifying legal entities as subjects of public law in accordance with Art. 81 of the Civil Code of Ukraine are insufficient and do not fully reflect the influence of individual legal entities of private law on society, in particular if they perform public functions.. Modern social, including economic life, has a number of examples of public influence on the part of legal entities, which according to the criteria of Art. 81 of the Civil Code of Ukraine belong to legal entities under private law. This applies, in particular, to cases where the state/ARC/ territorial community grants such persons public functions or in the case of such persons acquiring public influence over other participants in social relations, which is characteristic of monopolists, participants in agreements on concerted actions aimed at establishing control in a certain area. The presence of public functions in legal entities created in the manner inherent to legal entities of private law indicates the peculiarities of their status, which should have legal consequences. Taking into account the modern trends in the acquisition of public functions by certain categories of legal entities under private law necessitates the regulation of the peculiarities of their legal status at the level of the law, which is particularly important from the point of view of protecting public interests from abuse of their position by such individuals.

legal entities under public law; legal entities under private law; separation criteria; public functions; anti-corruption requirements