LEGAL CAPACITY OF FOREIGN LEGAL ENTITIES AS DEBTORS IN ENFORCEMENT PROCEEDINGS

Abstract

This article examines the issue of the legal capacity of foreign legal entities as debtors in enforcement proceedings. Given the global trends of globalization of social legal relations and the widespread cross-border economic activities of companies, corporations, etc., domestic legislators have felt the need to regulate legal relations with a foreign element. Thus, a foreign legal entity, in the course of its activities, may be a participant in various types of legal relations on the territory of Ukraine, including within the framework of enforcement proceedings. Research into the legal regulation of the activities and legal status of foreign legal entities has its place in domestic scientific literature, but has not yet reached a sufficient volume. Therefore, the relevance of this study is determined by the need to supplement the achievements of fellow scientists, in particular with regard to the legal status of a foreign legal entity as a debtor in enforcement proceedings.The study focused mainly on the elements of legal personality of such entities, namely legal capacity, capacity to act, and capacity to commit a tort. Each of these elements is discussed separately, with an emphasis on the specifics of domestic legislation in the field of enforcement of decisions. The legal status of foreign legal entities, their legal regime, and legislative regulation of activities on the territory of Ukraine are analysed.In addition, attention was paid to the peculiarities of the implementation of the elements of legal personality by foreign legal entities. Consequently, the issue of determining the legal capacity of a legal entity in the context of its lack of legal ability to independently exercise its own rights was examined. In this regard, the issue of representation of a legal entity as the only way to exercise legal personality in relevant legal relations was also examined.This study combined the study of the legal status of legal entities, including foreign ones, both in the sphere of civil legal relations and within the framework of enforcement proceedings, where they may act as debtors on the territory of Ukraine. Thanks to this, it was possible to fully determine the scope of legal capacity of a foreign legal entity as a debtor in enforcement proceedings, identify the peculiarities of its implementation, and highlight certain issues.