LEGAL PROBLEMS IN THE CLASSIFICATION OF LEGAL ENTITIES OF PUBLIC LAW: A COMPARATIVE STUDY

Abstract

Since the institution of public legal entities plays an important role in contemporary society, both in the state and in the economic
development of countries, there is a need to clear up its legal status and specifics. The lack of a clear, universally accepted classification
criterion for distinguishing between legal entities under public law and legal entities under private law leads to difficulties in determining
their legal status and resolving civil disputes involving public law entities. An evaluation of the current theoretical provisions regarding
legal entities is required for the development of their further improvement, as well as for their adaptation to market relations and free
entrepreneurship. This study aims to identify: the specific features of legal entities in public law; the main peculiarities that can be used to
distinguish legal entities established under public law from legal entities established under private law; the criteria underlying the selection
of legal entities; as well as the status of research on the institution of public law legal entities in France, Germany and Ukraine. The result
of this scientific paper is elucidation of the significance of the classification of legal entities under public law as participants in civil legal
relations. This research highlights the importance of clearly defining and consolidating legal entities under public law in regulatory
documents to streamline litigation processes, using the notion of their purpose as a comprehensive classification criterion and drawing on
the benefits observed in the exhaustive lists of public-law entities in France and Germany.