LEGAL BASIS OF ESTABLISHMENT OF THE EUROREGIONAL COOPERATION GROUPING

Abstract

The article examines that cross-border cooperation can be carried out through various organizational forms, including through the euroregional cooperation grouping, this provision is supported by the legislator. Separately focusing on the provisions of national legislation on the general principles and requirements for the establishment of a euroregional cooperation grouping in our country, it is determined that the Law of Ukraine “On Cross-Border Cooperation” establishes the legal status of a particular type non-entrepreneurial companie, as an euroregional cooperation grouping. It is established that during the state registration of an euroregional cooperation grouping in accordance with the procedure defined in the Law of Ukraine “On State Registration of Legal Entities, Individuals – Entrepreneurs and Public Associations”, problems may arise, as this normative legal act does not provide registration of such legal entities as the euroregional cooperation grouping. In accordance with the Classification of Organizational and Legal Forms of Business Entities, in accordance with it, state registration should be carried out as type non-entrepreneurial companie, but this classifier does not provide for the registration of a euroregional cooperation grouping. It is important that when conducting cross-border cooperation through the organizational form of euroregional cooperation grouping, certain difficulties may arise, because based on the analysis of the legislation of neighboring Member States of the European Union, there is no possibility of creating euroregional cooperation grouping of subjects and participants of cross-border cooperation of Ukraine with relevant subjects and participants of cross-border cooperation of neighboring Member States of the European Union, as Protocol № 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities, which regulates the issue, has not been signed or ratified by neighboring Member States of the European Union.