HISTORICAL DEVELOPMENT OF THE LEGAL REGULATION OF THE ESTABLISHMENT OF LEGAL ENTITIES IN UKRAINE

Abstract

The article provides a historical and legal analysis of the formation and development of the regulatory 
framework governing the establishment of legal entities in Ukraine, identifying the key stages in the transformation 
of the relevant legal models. The study covers the imperial, Soviet, and contemporary periods, which makes it  possible to trace the evolution of approaches to determining the moment of acquisition of legal personality by 
a legal entity and the procedures for its legal recognition.
It is substantiated that during the pre-revolutionary and Soviet periods, a permissive (authorization
based) procedure for the establishment of legal entities predominated, characterized by the significant role 
of state authorities in granting permissions and the absence of a unified registration procedure. It is established 
that only in the late 1980s did state registration begin to acquire constitutive legal significance, which was 
subsequently consolidated in the legislation of independent Ukraine.
The codification changes associated with the adoption of new civil legislation and the formation of a modern 
registration model based on the principles of publicity, formalization, and legal certainty are analyzed. The main 
shortcomings of the current regulation are identified, including the fragmentation of the regulatory framework, 
terminological inconsistencies, and conceptual conflicts.
It is concluded that the historical and legal approach enables a comprehensive assessment of the current 
state of legal regulation of the establishment of legal entities and outlines directions for its further unification 
and improvement.