NON-PROFIT ORGANIZATIONS AS SUBJECTS OF CORPORATE RELATIONS

Abstract

 The article is devoted to the scientific analysis of the institute of non-profit corporations under the laws of Kazakhstan and some CIS countries. The novelty of the institute under consideration is due to the complete absence in the legislation of the Republic of Kazakhstan of the concept, signs of a corporation as a whole and types of corporations, as well as a certain illogicality of fixing this term in the civil legislation of the CIS countries (for example, in Russia unitary enterprises are also called state corporations). The lack of legislative consolidation of such a type of legal entities as non-profit corporations, combined with the practical absence of scientific developments regarding the characteristics and types of non-profit corporations, leads, for example, in Kazakhstan, to practical problems in determining the jurisdiction of corporate disputes. These and other circumstances determine the relevance of the study in this article of the features of non-profit organizations as corporations in comparison with commercial corporate organizations.

As a result of the scientific and legal analysis, on the examples of several types of non-profit organizations, it was concluded that non-profit self-regulatory organizations in the form of public associations and associations / unions, created on the basis of professional membership, have all the features of corporations. The results of scientific research are not only theoretical, but also of great practical importance, and if introduced into the legislation not only of the Republic of Kazakhstan, but also of other countries of the post-Soviet space, they will increase the level of legal protection of participants in non-profit corporations.