Some legal aspects of the territorial community as a subject of law

It is indicated that in the system of civil legal relations, territorial communities act as equal subjects along with other participants. However, modern legal doctrine and current legislation are characterized by the lack of a unified understanding of the legal status of territorial communities. In addition, the issues of their legal personality and the peculiarities of the mechanisms for implementing their participation in civil legal relations remain insufficiently studied. In the article, the author examines territorial communities as subjects of law. The author considers approaches to the legal nature of the territorial community, the article analyzes the concept of the territorial community, theories of origin and signs. The article examines the legal status of municipalities in Germany as legal entities under public law, the latter belong to public corporations operating on the basis of membership, state supervision of the activities of such corporations must be established. The author analyzes the issues of possession of legislative, administrative, personnel sovereignty by German municipalities. The article analyzes the characteristics of a territorial community as a legal entity: organizational unity, the presence of property, civil liability, and circulation on its own behalf. The article analyzes judicial practice regarding the issue of legal personality of a territorial community. Thus, the territorial community is a subject of civil legal relations, which participates in these legal relations on an equal basis with natural persons, legal entities and the state. At the same time, the recognition of legal capacity by a territorial community by virtue of a direct norm of the Central Committee of Ukraine excludes the need to obtain such status through state registration as a legal entity under public law. The author considers the legal form of participation of the territorial community in civil relations. Thus, analyzing the current legislation, territorial communities can create legal entities under public law, in particular, the creation of communal enterprises, joint communal enterprises, educational institutions. The article pays attention to the analysis of judicial practice regarding the responsibility of the local self­government body for the activities of established communal enterprises. The author considers the issues of forms of management of communal property, the article outlines the legal problems associated with the definition of the legal regime of the property of a communal enterprise, the characteristics of objects of communal property law.