Autori
Fedorchenko, Nataliia V.
Shymon, Svitlana I.
Vyshnovetska, Svitlana V.
Mikhnevych, Liudmyla V.
Bazhenov, Mikhail I.

Titolo
Community Organisation as a Subject of Civil Relations According to Law of Ukraine and CIS Countries
Periodico
Osservatorio del diritto civile e commerciale
Anno: 2020 - Fascicolo: 1 - Pagina iniziale: 353 - Pagina finale: 370

In recent years, the concept of subjects of civil relations has obtained a new essential dimensiongiven the transformational processes of the modern world society. In turn, the right to freedomof association holds a valuable place in the system of human rights and freedoms. The activitiesof civil-society structures, an integral part of which are public associations, is one of the mostimportant conditions for the implementation of effective socio-political and economic transformationsand reforms. In this context, it was substantiated that the issue of obtaining the statusof a subject of civil relations by a community organisation requires further development, especiallybased on comprehensive comparative studies of legal regulation and enforcement practicein the post-Soviet space. Common archaic norms of civil law of the Soviet Union, «inherited»by states, despite their successful longstanding approbation, require their qualitative renewal inthe light of globalisation and the implementation of European standards and requirements. Therelevance of the subject matter is also determined by the need of Ukrainian society in effectivecommunity organisations that act as a full participant in civil relations, and constitute a componentof civil society and a catalyst for its growth and Europeanisation. Within the outlinedsubject area and purpose of the paper, the author: 1) analysed the specific features of legislativeinterpretation of the terms «public associations» and «community organisations» in Ukraineand CIS countries; 2) conducted a comparative legal analysis of the status of community organisationsin Ukraine and CIS countries; identified problems and features of their activity assubjects of civil relations; 3) based on the study, outlined the unified properties of communityorganisations as subjects of civil relations for Ukraine and for the CIS countries; 4) consideredthe controversial stance concerning the increase of the influence of community organisationson the state authorities and the management of society at large; 5) provided reasoning that thepurpose of the activity of modern civil-society organisations as subjects of civil relations shouldbe the long-term planning of the mechanism of realisation of certain social priorities, the developmentand introduction of clear limits of their powers and initiation of amendments to theexisting civil law in order to detail their special status in the above-mentioned legal relations.



SICI: 2281-2628(2020)1<353:COAASO>2.0.ZU;2-N
Testo completo: https://www.rivisteweb.it/download/article/10.4478/98143
Testo completo alternativo: https://www.rivisteweb.it/doi/10.4478/98143

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