Challenging (appealing) decisions, actions (inaction) of state bodies (their officials) and other persons (organizations) involved in the process of state registration of a legal entity. Part 2

Relevance. A legal entity is a popular legal tool for citizens of the Russian Federation to implement their economic and other interests, as evidenced by the statistical data of the Federal Tax Service of Russia in terms of state registration of legal entities. The scale of interaction between applicants and authorized bodies, as well as persons (organizations) involved in the state registration process, the current (far from optimal) state of legislation on state registration, which creates a favorable basis for the emergence of conflicts and disputes, suggests the need to develop effective forms and means of protecting the rights and legally protected interests of applicants, which, unfortunately, does not exist yet. The purpose is to identify key problems and trends in the development of legislation in terms of appealing (challenging) decisions, actions (inaction) of state bodies (their officials) and other persons (organizations) involved in the process of state registration of a legal entity. Objectives of the study: to analyze the development of legislation in terms of appealing (contesting) decisions, actions (inaction) of state bodies (their officials) and other persons (organizations) involved in the process of state registration of a legal entity; to identify the directions of such development, to understand the reasons for their formation; to identify the main problems and formulate ways to overcome them. Methodology. The article is written on the basis of traditional methods for legal research; the study is based on a systems analysis. Results. It has been established that the existing regulations were formed to a greater extent "spontaneously", in the absence of a special political and legal basis; inconsistency in the provisions of the main regulatory documents has been revealed; problems arising with pre-trial appeal of decisions (actions / inaction) of authorized bodies, actions of the MFC and its employees have been identified; problems with appealing / challenging the actions / inaction of notaries are indicated. Conclusion. The study shows the need for a systemic reform of the rules governing issues of appealing (challenging) decisions, actions (inaction) of state bodies (their officials) and other persons (organizations) involved in the state registration process; directions for appropriate changes are proposed.

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Publication Details

Journal
Proceedings of the Southwest State University Series History and Law
Published
2024-11-21
DOI
https://doi.org/10.21869/2223-1501-2024-14-5-32-68
Citations
1
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
2.23
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article

Challenging (appealing) decisions, actions (inaction) of state bodies (their officials) and other persons (organizations) involved in the process of state registration of a legal entity. Part 2

Аndrey V. Gabov
1 citations
Proceedings of the Southwest State University Series History and Law
European and International Law Studies
2.23
article

Challenging (appealing) decisions, actions (inaction) of state bodies (their officials) and other persons (organizations) involved in the process of state registration of a legal entity. Part 2

Аndrey V. Gabov
article en
1 citations

Abstract

Relevance. A legal entity is a popular legal tool for citizens of the Russian Federation to implement their economic and other interests, as evidenced by the statistical data of the Federal Tax Service of Russia in terms of state registration of legal entities. The scale of interaction between applicants and authorized bodies, as well as persons (organizations) involved in the state registration process, the current (far from optimal) state of legislation on state registration, which creates a favorable basis for the emergence of conflicts and disputes, suggests the need to develop effective forms and means of protecting the rights and legally protected interests of applicants, which, unfortunately, does not exist yet. The purpose is to identify key problems and trends in the development of legislation in terms of appealing (challenging) decisions, actions (inaction) of state bodies (their officials) and other persons (organizations) involved in the process of state registration of a legal entity. Objectives of the study: to analyze the development of legislation in terms of appealing (contesting) decisions, actions (inaction) of state bodies (their officials) and other persons (organizations) involved in the process of state registration of a legal entity; to identify the directions of such development, to understand the reasons for their formation; to identify the main problems and formulate ways to overcome them. Methodology. The article is written on the basis of traditional methods for legal research; the study is based on a systems analysis. Results. It has been established that the existing regulations were formed to a greater extent "spontaneously", in the absence of a special political and legal basis; inconsistency in the provisions of the main regulatory documents has been revealed; problems arising with pre-trial appeal of decisions (actions / inaction) of authorized bodies, actions of the MFC and its employees have been identified; problems with appealing / challenging the actions / inaction of notaries are indicated. Conclusion. The study shows the need for a systemic reform of the rules governing issues of appealing (challenging) decisions, actions (inaction) of state bodies (their officials) and other persons (organizations) involved in the state registration process; directions for appropriate changes are proposed.

Proceedings of the Southwest State University Series History and LawVol. 14(5)
Institute of State and Law (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 9%
European and International Law Studies
2.23
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