CORPORATE RIGHTS OF THE STATE AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

Abstract

This scientific article highlights the problem of
defining the concept of corporate rights of the state. It
is problematic in this context to attribute this concept
to the object of certain types of legal relations, since
the state acts as a political and legal organization,
which at the same time can have a certain share in a
business entity and, through its system of bodies, own,
use and dispose of them. The article focuses attention
on the need for legislative consolidation of this
definition in order to eliminate differences in
interpretation and understanding. The author
emphasizes the need to make changes directly to the
Law of Ukraine "On the Management of State-Owned
Objects", as it does not fully meet today's
requirements. Thus, the corporate rights of the state
are only indicated as one of the objects of state
property, the bodies that manage this object and their
functions are defined, but no clear definition of the
concept itself is given.
Also, the concept of "corporate rights of the
state" is analyzed from the point of view of
administrative and economic law, because the
complexity of nature and the presence of large
differences in the theoretical work of domestic
scientists required a clear understanding of the
essence of these two quite different types of legal relations. The author of this article comes to the conclusion that the corporate rights of the state are
precisely the object of administrative and legal
regulation. In particular, this thesis is confirmed by
research on the issue of understanding the essence of
this concept, its main properties, the presence of a
great public interest in its effective use, its public
nature (since we are talking about public property)
and the peculiarities of their management. It is emphasized that normative changes also require parallel changes in the doctrine, in particular, in the elimination of differences in the understanding of the essence of the corporate rights of the state and the establishment of a unified understanding, which in turn should also correspond to the current development of social relations.

Keywords: corporate rights of the state, economic legal relations, administrative legal relations, method of legal regulation, object of legal regulation.