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

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 of the article 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.

1. Gabov A.V. The evolution of the registration system for the creation of legal entities in Russia: the main stages and trends. Uchenye zapiski Kazanskogo universiteta. Seriya: Gumanitarnye nauki = Scientific notes of Kazan University. The Humanities Series. 2019;161(4):77– 126. (In Russ.)

2. Chereshneva I.A. The management company of territories with a special regime of entrepreneurial activity and the problem of a legal entity of public law. Zakonodatel'stvo = Legislation. 2019;(6):35–42. (In Russ.)

3. Bannikov R.Yu. Pre-trial dispute settlement procedure. Moscow: Infotropik; 2012. 240 p. (In Russ.)

4. Moshkovoi D.M., Solov'eva A.A. (eds.) Pre-trial settlement of tax disputes: tax disputes in court. Moscow: Prospekt; 2023. 176 p. (In Russ.)

5. Ukraintsev S.V. Special administrative appeal in the system of mechanisms for the protection of citizens' rights. Administrativnoe pravo i protsess = Administrative law and process. 2023;(12):69–72. (In Russ.)

6. Panova I.V. Administrative procedure for consideration of cases. Vestnik Saratovskoi gosudarstvennoi yuridicheskoi akademii = Saratov State Law Academy Bulletin. 2013;(6):19–23. (In Russ.)

7. Zyryanov S.M., Lebedeva E.A., Spektor E.I., Garmaeva M.A. Pre-trial settlement of disputes in public law. Zhurnal rossiiskogo prava = Journal of Russian Law. 2011;(11):21–33. (In Russ.)

8. Lifanov D.M. Some problems of appealing acts of public authorities: theory and judicial practice. Rossijskij yuridicheskij zhurnal = Russian Law Journal. 2023;(2):102‒115. (In Russ.)

9. Murashova E I. Problems of proof in the framework of pre-trial (out-of-court) appeal. Aktual'nye problemy rossiiskogo prava = Current problems of Russian law. 2016;(7):50–56. (In Russ.)

10. Mokeev M.M. The formation of the institute of pre-trial appeal in the process of obtaining state and municipal services. Vestnik Povolzhskoi akademii gosudarstvennoi sluzhby im. P. A. Stolypina = Bulletin of the Volga Region Academy of Public Administration named after P. A. Stolypin. 2017;(6):17–24. (In Russ.)

11. Trofimova I.A. Features of administrative and legal protection of the rights and legitimate interests of applicants in the provision of public services. Administrativnoe pravo i protsess = Administrative law and process. 2023;(1):52–59. (In Russ.)

12. Buryaga V.O. Administrative regulation of management procedures. Aktual'nye problemy rossiiskogo prava = Actual problems of Russian law. 2009;(1):133–139. (In Russ.)

13. Buryaga V.O. Administrative regulations: some problems of application. Yuridicheskii mir = Legal World. 2013;(10):35–39. (In Russ.)

14. Lomakina V.F. The development of the Institute of administrative procedures (on the example of the formation of the regulatory legal framework of administrative regulations of federal executive authorities). Trudy Instituta gosudarstva i prava RAN = Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2016;(5):93–101. (In Russ.)

15. Zueva N.L. Problems of application and ways to improve administrative regulations. Vestnik Voronezhskogo gosudarstvennogo universiteta. Seriya: Pravo = Bulletin of the Voronezh State University. Series: Law. 2018;(3):152–160. (In Russ.)