Cooperative legal limitations on socialis. Prospects for the improvement of their regulation in Cuba

Abstract

This paper examines the legal transformations that accompany the newly initiated updating process of the Cuban socialist socioeconomic model and the perspectives that this process opens to this form of business in building the prosperous and sustainable socialism the country needs. The starting point is therefore a general description of the legal regulation of cooperatives in socialist models, with special emphasis on the conception of their nature and their relationship with the State, in order to understand the constraints imposed by law in assigning their role in the socioeconomic system. On this basis, an analysis is made of the limitations presented by cooperative regulation in Cuba under socialism, relating to their nature, the recognition of their right to associate in cooperatives, sector of the economy in which they operate, purpose with which they are created, form of operation, etc. These limitations must be overcome in the ongoing process of change that the country is undergoing so that the institution can develop its different potentialities. Finally, this paper makes a critical approach to the most recent legal transformations faced by cooperatives within the upgrading process of the Cuban socialist socioeconomic system and to the perspectives this process offers so that law can play its regulatory and enhancing role in this regard.