LEGAL REGIME OF PROPERTY OF STATE JOINT-STOCK COMPANIES IN UKRAINE: PROBLEM OF DETERMINATION AND IMPLEMENTATION

Abstract

Problematic issues of determining the legal regime of property of state joint-stock companies, including those created in theprocess of corporatization of state-owned enterprises, are considered in this article. The specific features of the legal regime ofproperty of this category of companies are analyzed, taking into account the specifics of their legal status and the participation ofthe state in the process of foundation and management of such companies. The author made the analytical generalization of theexisting doctrinal approaches to determination of the legal regime of such property, legislative regulation in this area, nonuniformand inconsistent case law on the legal regime of property of state joint-stock companies. It is suggested to consider theproperty of such companies as exclusively state property, and the state joint-stock company is vested with only limited powersrelated to the use of such property within the framework of its statutory activities. Changing the legal regime of such propertyand its transfer to private ownership is possible due to the privatization procedures, and not as a result of transfer of such propertyby the state to the charter capital of a state joint stock company or corporatization of a state enterprise.Keywords: state joint-stock company, property, state ownership, corporatization, privatization, powers of the owner.