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The procedure for the formation of a state unitary enterprise is determined by Art. 73 of the ECU, which, in particular, provides that it can be approved by the competent public authority on an administrative basis on the basis of a separated part of state property, as a rule, without dividing it into shares, and is included in the scope of its management. contain the words "state enterprise".
Registration of a state-owned enterprise
State unitary enterprises can be either commercial or not. Given that the conditions of the present are not on the side of state-owned enterprises, which are a typical remnant of the Soviet economic system and for the most part are unable to compete with the private sector, the question of their reorganization and the preservation of jobs and production becomes acute. The privatization of property complexes of state-owned enterprises is prohibited by law, but in accordance with Part 7 of Art. 74 ECU, a state unitary commercial enterprise can be transformed into a corporatized enterprise (state joint stock company).
Today, there are no clear provisions that determined the legal status of property of state joint stock companies, 100% of whose shares are in state ownership. Analysis of the current legislation, especially the Law of Ukraine "On the Privatization of State Property" gives grounds to conclude that the property transferred to the statutory funds of state joint-stock companies is state property. In this regard, state joint-stock companies, the authorized capital of which is formed at the expense of state property and 100% of the shares of which are state-owned, are also state-owned enterprises.
The peculiarities of the formation of a state commercial enterprise are contained in Art. 74-75 HKU.
A state commercial enterprise is a subject of entrepreneurial activity, operates on the basis of the charter on the principles specified in Art. 44 ECU, and is responsible for the consequences of its activities with all property belonging to it on the right of economic management. The state and the body to the sphere of management of which such an enterprise belongs are not responsible for its obligations, except for the cases provided for by this Code and other laws.
The statutory fund of a state commercial enterprise must be formed in its registration as a business entity by the authorized body, to whose sphere of management it belongs. The minimum size of the authorized capital of a state commercial enterprise is established by law.
The state enterprise is created by the decision of the Cabinet of Ministers. The body, which is responsible for its creation, determines all the fundamental points in its activities, the possibilities of reorganization and liquidation. The state-owned enterprise is assigned to it on the basis of operational management. The procedure for the formation of state enterprises can be found in Articles 76-77 of the Civil Code of Ukraine. The name of a state enterprise must contain the words "state enterprise".
In accordance with Art. 77 ECU, state-owned enterprises are created in the sectors of the national economy, in which:
- The law allows only state-owned enterprises to carry out economic activities;
- The main (more than 50%) consumer of products (works, services) is the state;
- Under the terms of business, it is impossible free competition between producers or consumers;
- The predominant (more than 50%) is the production of socially necessary products (works, services), which, according to their conditions and nature of needs, cannot be profitable.
It is worth noting that the ECU uses the concept of "business entities of the public sector of the economy" (part 2 of article 22 of the ECU), and they should include not only those that operate on the basis of only state property, but also those with a state share in the authorized capital which exceeds 50% or simply provides the state with the right of decisive influence on their economic activities. However, not all business entities in the public sector of the economy are state-owned enterprises ....
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