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
https://doi.org/10.21869/2223-1501-2024-14-5-32-68
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.
About the Author
A. V. GabovRussian Federation
Andrey V. Gabov - Corresponding Member of the Russian Academy of Sciences, Doctor of Sciences (Juridical), Acting Head of the Civil and Business Law Sector, Chief Researcher
10 Znamenka Str., Moscow 119019
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Review
For citations:
Gabov A.V. 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. Proceedings of Southwest State University. Series: History and Law. 2024;14(5):32-68. (In Russ.) https://doi.org/10.21869/2223-1501-2024-14-5-32-68