Civil Law Status of the Institution of Higher Education in Ukraine

Abstract

Description: The purpose of the article is to examine the elements of the civil status of the institution of higher education as a legal entity. The subject of the study: The subject of the study is the features of the institution of higher education as a legal entity created in the organizational and legal form of the institution. Methodology: Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Among them: dialectical, formal and logical, system and structural, comparative and legal, historical and legal, bibliographical methods and the method of scientific forecasting. The results of the study: The results of the study showed that the features of the institution of higher education as a legal entity created in the organizational and legal form of the institution are: non-entrepreneurial nature of activities with special civil capacity; the main purpose of the activity is to provide non-material educational services; the presence of the special constituent document – the statute; special procedure for financing by the founder and transferring property by the founder; the specifics of the procedure for changing the objectives of the institution. Practical implications: It is concluded that the institution of higher education in Ukraine is endowed with a dual civil status. On the one hand, the institution is a non-profit legal entity and on the other – it is a full-fledged participant in commercial legal relations. Value/originality: While assigning the right to entrepreneurial activity of the institution, attention is drawn to the fact that the provision of educational services is a public affair, which the State implements through a network of public, municipal and private educational institutions, and not the means to satisfy corporate interests.