Legal encyclopedia. Letter Y, I

ENTITY

- an organization that has property in its possession, economic management or operational management and is liable for its obligations under this property, can acquire and exercise property and personal non-property rights on its own behalf, incur obligations, be a plaintiff and a defendant in court.

Signs Yu.L. - organizational unity; Property isolation; Independent property responsibility; Ability to act in the civil turnover on its own behalf.

For Yu. L. is characterized by the possession of a special legal capacity, which presupposes that L.L. has only such rights and duties that correspond to the purposes of his activity and are directly fixed in his constituent documents.

There are two ways to create Yu.L .: regulatory and voluntary.

The essence of the administrative method lies in the fact that the decision to form an organization comes from outside, from the competent bodies, as a rule from the property owners, assigned to Yu. L., or the body authorized by him.

The voluntary way is expressed in the fact that the initiative of education of YL belongs to the members of the future organization. The voluntary method is in turn subdivided into:

1) permissive;

2) normative-secret. Classification. L .:

1) depending on the form of ownership, which underlies Yu. L., distinguish: public and private, i.e. Private. L .;

2) depending on the purposes of the activities of Yu. L. are divided into: commercial and non-commercial organizations. The main purpose of the activities of commercial organizations is to extract profit, as well as its distribution among the participants. Non-profit organizations are created to achieve managerial, educational, cultural, educational, charitable, religious and other purposes. They have the right to carry out entrepreneurial activity only to the extent that it is necessary to achieve the statutory goals;

3) depending on the composition of the founders, they are singled out: organizations whose members can only be Yu. L .; Organization, the founder of which can only be the state (unitary enterprises); Organizations, the founders of which can be both citizens and Yu. L. (business partnerships and companies, LLCs, joint-stock companies);

4) depending on the type of property the organization is established on, organizations that are created on the basis of federal property, property of the subjects of the Russian Federation, municipal property, property of YL, as well as property of citizens;

5) the scale of Yu. L.'s activity allows us to single out the following groups of them: small enterprises, monopoly enterprises, other enterprises;

6) depending on the amount of rights granted by the law of LA to the property used by them, distinguish: organizations that have the right to operational control of property (institutions and state-owned enterprises); Organizations that have the right of economic management of property

(State and municipal unitary enterprises, except for state ones); Organizations that have ownership of property - all others Yu. L .;

7) in terms of the degree of influence of one Yu.L. on the activity of another, they distinguish: the main or predominant Yu. Subsidiary or dependent Yu.

8) Depending on the organizational and legal form, commercial LA can be created as: economic partnerships and societies, production cooperatives, limited liability companies, additional liability companies, joint-stock companies, state and municipal unitary enterprises; Non-profit legal entities - as consumer cooperatives, public or religious organizations (associations), charitable and other funds, associations and unions, etc.