Legal administrative regulation of state registration of legal entities
Journal Title: Адміністративне право і процес - Year 2017, Vol 1, Issue
Abstract
The issue of sectoral affiliation of state registration of legal entities is analyzed in this article. It’s proved that specific features of executive activity, legal status, methods and means of legal regulation that subjects of state registration use, de- fine legal administrative nature and of state registration of legal entities. The the- sis that due to the versatility of the notion, state registration of legal entities can be considered as a method of state regulation of social relations is justified; go- vernance function that complements and specifies such common functions of gover- nance as regulation, control and accounting; the legal form of the public admi- nistration; legal regime; administrative service; legal institute; means of control; administrative procedure; administrative proceedings. However, when describing the state registration in scientific papers there is quite widespread identification of concepts or synonymous use of «administrative procedure» and «administrative proceedings» that is not conducive to ensuring terminological unity both in science of administrative law and in practice. Turning to the draft law «On administrative procedures», the administrative pro- cedure is defined as the legislative order of administrative proceedings; adminis- trative proceedings — as a set of procedural actions consistently committed by an administrative authority, and adopted procedural decisions of consideration and resolution of administrative affairs, followed by the adoption and, where appropriate, execution of administrative act. The national approach to understanding of the admi- nistrative procedures and administrative proceedings has its counterparts in the legislation of the Member States. The analysis of scientific positions and legislative drafting allows to make a con- clusion that the procedure of state registration of legal entities — is defined by the legislation order, model proceedings for registration of legal entities. Accordingly, the proceedings of state registration of legal entities — is a set of procedural ac- tions committed consistently by authorized entities and made procedural decisions on review and resolving of specific individual cases, followed by an administrative act. Thus, the concept of administrative procedures and administrative proceedings are not identical, synonymous, and their value can be described through the philo- sophical categories of general and specific.
Authors and Affiliations
А. С. Кисіль
Keywords
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