The concept and legal nature of non-commercial unitary legal entities
This article analyzes the concept and legal nature of non-commercial unitary legal entities. Disclosure of the legal nature of this subject of civil law will, in a number of cases, prevent the onset of certain civil disputes with the participation of a non-profit unitary organization, will act as an effective tool used as anti-corruption legal education and a preventive measure for committing crimes, and will also allow eliminating legislative gaps and optimizing the uniformity of judicial arbitration practice. It is noted that in practice it is impossible to imagine the conduct of financial and economic activities of non-profit unitary organizations without the participation of the founders in the management of this organization. According to the author, Art. 65.1 of the Civil Code of the Russian Federation, a clause establishing, as signs of a non-profit unitary organization, a form of management that allows the founders to exercise control functions and the absence of a membership relationship. In addition, it seems appropriate to expand the range of responsibilities of the founders of a non-profit unitary organization in terms of non- committing acts that significantly complicate the achievement of the main goal of creating a non-profit unitary organization, as well as non-disclosure of confidential information about the activities of the analyzed legal entity.