Municipal Enterprises, Institutions and Organizations: Concept and Essence

This paper delves into the examination of communal enterprises, institutions, and organizations through the lens of their organizational and legal essence. The study explores these legal entities both in a generalized manner within the composite terminological construct "communal enterprises, institutions, organizations" and in a differentiated manner within the concepts of "communal enterprise" and "communal institution (organization, establishment)". The findings reveal that enterprises, institutions, and organizations are the most prevalent organizational and legal forms of legal entities of public law. It is noted that they constitute a lexical triad denoting the entire spectrum of legal entities distinct from natural persons, and the list of which is not exhaustive. The conclusion drawn is that communal enterprises, institutions, and organizations represent a generic concept that encompasses legal entities of public law of the respective organizational and legal forms, which are created by an administrative act of a local self-government body on the basis of separated (provided, allocated) property of communal ownership and operate with the aim of ensuring public interests and needs of a significant number of persons, the legal status of which is established by the Constitution and laws of Ukraine. It is established that communal enterprises, institutions, and organizations possess all the general characteristics of legal entities of public law. At the same time, it is noted that the functioning of a communal legal entity of public law in a particular organizational and legal form is a factor that determines its specificity. In this regard, communal enterprises, institutions, and organizations have distinctive features that differentiate them from each other, particularly in terms of the content and direction of their main activities.