ACTUAL ISSUES OF THE LEGAL REGIME OF COOPERATIVE PROPERTY

Abstract

The modern development of Ukrainian society is characterized by a variety of organizational and legal forms of business, including cooperatives, which are part of a unified economic complex of the country along with other participants in economic relations. The aim of the article is to analyze the problems of economic and legal regulation of the legal regime of property of cooperatives and justify the ways to resolve them. Realization of the set purpose provides the decision of a number of problems, such as: 1) research of features of share fund, indivisible fund, reserve and special funds of cooperative; 2) analysis of problems of legal provision of the procedure for the formation and use of property of cooperatives and 3) justification of directions for improving the legal regime of property of cooperative and development of amendments to the legislation on cooperation. Methodology. The application of methods of comparative legal research, system and structural-functional analysis allowed to justify the feasibility of optimizing the legal regulation of property relations in production, service and consumer cooperatives. Scientific novelty. The article considers the features of the legal regime of property of different types of cooperatives in modern economic conditions. The shortcomings in legal regulation of the property funds of cooperatives are analyzed and changes to the current legislation on cooperation are proposed. In conclusion, the article emphasizes that the improving the legal regime of property of cooperatives will eliminate some shortcomings of the current legislation on cooperation and will serve for effective law enforcement in this area of legal relations. In particular, it is proposed in the Law “On Cooperation” to establish that the shares, taking into account contributions to the reserve and special funds, are personalized and in total determine the common part of the cooperative member in the property of the cooperative. The person has the right to receive his common part in cash in case of withdrawal or exclusion from the cooperative, unless otherwise provided by the charter of the cooperative. The term and other conditions for the cooperative member to receive common part shall be established by the cooperative's charter.