In the sphere of market relations, people act in relation to each other in various properties. They can enter into relations with each other directly (as individuals) or indirectly (through various associations of individuals). The concept of an individual and a legal entity is associated with this. Such associations of people, as in the latter case, can be formalized and informal. In the event that the group is of a formalized nature, it is already a question of a legal entity.
The concept and characteristics of a legal entity exist to distinguish it from an individual. According to the Civil Code of the Russian Federation, a legal entity is an organization that owns (operational management, economic management) separate property, which is responsible for its own obligations, on its own behalf can exercise and acquire property and non-property rights, be a claimant or defendant in court, be liable for myself.
The concept and characteristics of a legal entity can be identified as follows. The meaning of a legal entity is to create a new subject of law. Moreover, the fact that the legal entity’s property is separated from the property of its founders makes it possible for the created organization to independently participate in economic and civil life.
The term "legal entity" means that the organization as a public entity has a special character. She, in fact, as a subject of law does not have a real embodiment, unlike its creators. However, she has all the necessary rights and obligations to participate in all spheres of economic life.
The meaning of such an ideal design has been studied by many researchers. According to some, the concept and characteristics of a legal entity boil down to the fact that a legal entity is a fiction and a product of legislation. According to others, a legal entity is a special kind of so-called “social reality”.
Defining the concept and features of a legal entity , these features are distinguished as follows. A legal entity is characterized by the presence of property of a separate nature, which is recorded in the balance sheet; the existence of separate liability for obligations from the founders' property; independent participation in civil relations on their own behalf (not the name of its founders); availability of a special certificate of state registration; the presence of rights to defend one’s interests in court.
Thus, the main features of a legal entity are: organizational unity (ability to solve social problems) and internal structure (has governing bodies); the presence of separate property (independent balance sheet); independent property liability.
The legal capacity of a legal entity is identical to its legal capacity. It occurs at the time of registration and ceases with the liquidation. Types of legal capacity of a legal entity: special (a legal entity may have special goals of activity, which are provided for by its constituent documents) and general (a legal entity has rights and obligations stipulated by law).
According to the clauses of the Civil Code of the Russian Federation, legal entities are classified according to the objectives of their activities (making a profit or other purposes not prohibited by law), legal form, nature of the relationship between the legal entity and its founders (do the founders have ownership rights to contributions to the property of the created organization).
According to the purpose of the activity, the following legal entities are distinguished: commercial organization (market participants) and non-commercial organization
By legal form, legal entities are divided into the following groups. Commercial organizations may exist in the form of business partnerships, production cooperatives, business companies, municipal and state unitary enterprises. Non-profit organizations are created in the form of institutions financed by the owner; consumer cooperatives; religious and public associations; charitable foundations, etc.
The nature of the relationship between legal entities and their founders may be as follows: preservation of the right of ownership of their contributions or its loss in favor of the created legal entity.