THE ISSUE OF LEGAL SUBJECTITY OF MANAGEMENT BODIES AND STRUCTURAL UNITS OF A LEGAL ENTITY

Volodymyr Sichevliuk

Abstract


he author notes that the law nature of a legal entity presupposes the presence in the internal space of this legal actor a number of local legal relationships, in which the sole and collective elements of its organizational structure are involved. All of them are endowed with the status of a participant (party) of this kind of legal relations and possess a certain individualized part of the legal subjectity, inherent for legal entity in general. Therefore, governing bodies and other internal structures of legal entities do not have their own legal subjectity. Through the organizational structure of the legal entity it is realized personal legal subjectity just of this entity in all dimensions of the latter's existence. Accordingly, the structural elements of a legal entity are also not endowed with the status of subject of law.
There are few essential features, characterizing the individual status of legal subjectity, inherent for the structural element of the legal entity. Firstly, the content and scope of the rights and obligations of such formation (so-called «individual legal capacity») is always limited in accordance with the list of functions, provided for it; secondly, so-called «individual active capacity» of a structural element of a legal entity is determined by the needs of the organization as a whole and is interdependent with the ability to act on its other internal entities; thirdly, the governing bodies and divisions of the legal entity are the operators of the active segment of its delictual capacity, but they are deprived of the opportunity to be held responsible for the offenses, committed by them (their individual status doesn’t support the segment of «passive delictual capacity» of the legal person).
The aforementioned individualization of the legal subjectity of governing bodies and structural subdivisions of a legal entity is their essential attribute which: а) creates the basis for effective internal corporate or administrative control over the activities of such entities, and b) allows to realize an external regulation of the volume of a legal subjectity potential of certain internal structural elements of a legal entity for the purpose of, among other aims, the implementation of actual public interests in their activity.

Keywords


legal subjectity; management bodies; structural units; legal entity

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DOI: http://dx.doi.org/10.21303/2504-5571.2019.001053



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