CHARITABLE ORGANIZATIONS: PROBLEMS OF CIVIL-LAW STATUS IN THE CONDITIONS OF DEVELOPMENT OF THE SHARING ECONOMY

Abstract

Charitable organizations are special entities. Their successful activity promotes the development of many social sectors. The nature of relations in which charitable organizations are entering for the realization of their socially useful goals assume the availability of their civil legal personality. At the present time the regulation of civil-law status of charitable organizations is characterized by series of uncertainties and contradictory issues. It lowers the efficiency of function of these legal entities, including in the sharing economy. The article is based on the analysis of current regulatory provisions and their practical applications that reveal the main limitations of the legislation on charitable organizations. In particular, the plurality of normative acts regulating the civil-law status of charitable organizations are noted, and the absence of the necessary interrelation between them. The author draws attention to the vagueness of the concept of charitable organization and their characterizing features, establishes the problems regarding the notion of civil capacity of charitable organizations are established. In the result, the conclusion is formed regarding the necessity of carrying out the next stage of the reform of civil legislation on legal entities in the course of which it is necessary to determine the place of charitable organizations in the system of legal entities and to clarify the characteristics inherent to nonprofit organizations of a special kind; to strengthen the possibility of formation of charitable organizations only in certain legal forms, adequate to their purpose and methods of activity; more clearly establish the scope and content of their civil capacity. It will expand the legal opportunities of charitable organizations in the sharing economy.