ВІДПОВІДАЛЬНІСТЬ ОРГАНІВ МІСЦЕВОГО САМОВРЯДУВАННЯ ЗА ЗОБОВ’ЯЗАННЯМИ НЕКОМЕРЦІЙНИХ КОМУНАЛЬНИХ ПІДПРИЄМСТВ

Abstract

The article examines the important scientific and practical problem on the liability of self-government bodies for the debts of non-commercial utility companies. It is argued that the essential and mandatory element of the legal construction of the right of operational management is the subsidiary liability of the property owner, as more completely expressed in the norms that regulate the activity of state enterprises. It is reasoned that a self-government body that exercises the powers of the owner on behalf of the territorial community, including organizational-economic powers, regarding non-commercial utility companies established by such body, incurs subsidiary liability for their obligations by virtue of P. 10 Art. 78, P. 7 Art. 77 of the Economic Code of Ukraine. Insufficient funds at the disposal of the state enterprise is the condition for the self-government body to incur subsidiary liability according to P. 7 Art. 77 of the Economic Code of Ukraine.