界定“经济组织”概念的理论问题

O. Shchokina
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引用次数: 0

摘要

“经济组织”的概念早在苏联时期就出现在经济法科学中。然而,它并没有被广泛使用,只有一些学者使用。乌克兰经济法学界对经济组织的法律地位研究尚不全面。本文旨在阐述界定“经济组织”概念的理论问题,并概述解决这些问题的方向。“经济组织”这个概念非常适合用来表示所有经济实体的多样性,但它的使用引起了一些理论问题。这些问题包括:“经济组织”和“企业”概念之间的关系、法人实体的地位、经济组织的组织形式和法律形式的定义、商业和非商业经济组织的区别以及一般经济组织的分类。“经济组织”的定义需要明确,考虑到以下几点:在经济周转中涉及一些非法人实体的经营组织;进行经济活动的权利应当具有按照规定的组织形式和法律形式形成的组织,为经营性或非经营性的经济活动提供经济能力
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Theoretical problems of defining the concept of «economic organization»
The concept of “economic organization” is known in the science of economic law since Soviet times. However, it did not become widespread and was used only by some scholars. The legal status of economic organizations has not been comprehensively studied in the Ukrainian science of economic law. The purpose of the article is to set out the theoretical problems of defining the concept of “economic organization” and to outline the directions of their solution. The concept of “economic organization” is quite apposite to denote all the diversity of economic entities, but its usage caused a number of theoretical problems. These include problems: the relationship between the concepts of “economic organization” and “undertaking”, the status of a legal entity, the definition of organizational and legal forms of economic organizations, the distinction between commercial and non-commercial economic organizations and classification of economic organizations in general. The definition of “economic organization” needs to be clarified taking into account the following: in the economic turnover involved some business organizations that are not legal entities; the right to carry out economic activities should have the organization, that formed in the prescribed organizational and legal form, which provides economic competence for commercial or non-commercial economic activities
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