Membership and corporate rights in a non-business associations: the relationship of concepts

Authors

  • V.V. Kuzyk

DOI:

https://doi.org/10.15330/apiclu.57.25-34

Keywords:

non-business society; Public Association; consumer cooperative; membership rights; corporate rights

Abstract

The article is devoted to the theoretical and legal analysis of membership and corporate rights in non-business societies as legal entities of corporate type.
The author of the article analyzed the concepts of understanding the essence of membership relations in non-business societies, in particular the concept of distinguishing between the concepts of «membership rights» and «corporate rights» and the concept of identifying the studied concepts.
It is determined that the heterogeneity of the legal nature of non-business companies determines the fact of emergence of corporate rights in some of them, and in some - membership rights.
The peculiarities of membership and corporate rights in non-business societies are outlined: membership rights in public associations as non-business societies do not have property content, and therefore are not identical to corporate rights; membership rights in consumer and service cooperatives as non-business associations may be endowed with property content and are identical to the concept of corporate rights; emphasis is placed on the tendency to expand the content of membership rights in non-business associations.
Emphasis is placed on the need to take into account the peculiarities of membership rights, which are formed in certain types of non-business associations in improving the relevant legislation in this area.

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Published

2021-09-15