Legal status of officials of state corporations
DOI:
https://doi.org/10.31617/3.2026(143)03Keywords:
private law legal entity, state cor¬poration, charter, officials of state corporations, good faith.Abstract
In scientific research, insufficient attention is paid to the legal status of officials of state corporations, and in some cases, it is noted that there is no difference in the legal status of officials of private and state corporations. Therefore, it is relevant to determine the features of the legal status of state corporations compared to the legal status of officials of corporations created by individuals and legal entities. It is substantiated that the legal status of officials of state corporations is determined by the peculiarity of the public-legal status of subjects managing state-owned objects, which participate in civil-law relations by virtue of acquiring ownership rights to the corporate rights of private law legal entities. Officials of state corporations are appointed to their positions taking into account special requirements of an additional nature, as well as the general requirements of legislation regarding joint-stock companies and limited liability companies. The special requirements regarding the legal status of officials of state corporations are determined by the laws of Ukraine regulating the management of state-owned objects and by acts of the Cabinet of Ministers of Ukraine, as well as by the charters of state corporations, which are approved by the relevant subjects of public authority. Special requirements are established regarding officials of state corporations in terms of appointment to the relevant position on a competitive basis, taking into account special requirements that may exist in a certain area of economic activity, on a certain market. At the same time, they can be both citizens of Ukraine and citizens of foreign states, except for citizens regarding whom restrictions have been established, including those caused by armed aggression against Ukraine. In performing their duties, officials of state corporations have to ensure the interests of the people of Ukraine in addition to achieving their own private law goals, namely the corporationʼs profit. Such direction may be determined by the field of activity of the state corporation, the purpose of its creation, as well as by the possibility of meeting the needs of consumers in a certain market, etc.
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