Features of Observance of the Pre-trial Procedure in Cases of Contesting Decisions to Refuse State Registration of Legal Entities and Individual Entrepreneurs: Legislative Provisions and Clarifications of the Highest Court
- 作者: Katukova S.Y.1, Milashevskaya A.O.1
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隶属关系:
- Russian State University of Justice (RSUJ)
- 期: 卷 18, 编号 3 (2022)
- 页面: 224-230
- 栏目: Articles
- URL: https://journals.eco-vector.com/2541-8025/article/view/532002
- ID: 532002
如何引用文章
详细
The purpose of the research. The article deals with issues related to the procedure for administrative appeal of decisions of tax authorities on the refusal of state registration of legal entities and individual entrepreneurs, making relevant entries in the Unified State Register of Legal Entities, EGRIP. A description is given of the mandatory pre-trial procedure for appealing and alternative re-appeal to the Federal Tax Service, the calculation of the deadlines for filing complaints and applications, the grounds for their restoration, and other law enforcement problems. The purpose of the study is to identify the prospects for the development of administrative pre-trial appeal against acts of tax authorities on the refusal of registration, the creation of a harmonious, consistent interaction between the pre-trial and judicial stages of public law protection. The scientific novelty of the study lies in the analysis of the new provisions of Chapter VIII.1 of the Federal Law «On State Registration of Legal Entities and Individual Entrepreneurs», regulations on the administrative procedure for considering complaints, judicial practice. Conclusions. As a result of the study, the author comes to the conclusion that there are two procedures for appealing against decisions of the tax authority to refuse registration: a mandatory pre-trial and an alternative repeated procedure for filing a complaint with the Federal Tax Service. The potential of the pre-trial stage of consideration of administrative complaints can be multiplied as a result of the development and adoption of an administrative procedure that will reflect the principles of competitiveness, publicity, immediacy, and elements of reconciliation. Differences in the procedural consequences of mandatory and alternative appeal are revealed: failure to comply with the mandatory procedure limits the right to apply to the arbitration court through the institute of returning the application, leaving it without consideration; the use of an alternative procedure leads to the impossibility of restoring the period of judicial challenge and the refusal to satisfy the application.
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作者简介
Svetlana Katukova
Russian State University of Justice (RSUJ)
Email: s.katukova@mail.ru
Cand. Sci. (Law), Associate Professor, associate professor of the Department of Civil Procedural Law St. Petersburg, Russian Federation
Alisa Milashevskaya
Russian State University of Justice (RSUJ)
Email: kes153@rambler.ru
Faculty of training specialists for the judiciary (jurisprudence) St. Petersburg, Russian Federation
参考
- Andreeva T.K. On the deadlines for appealing against decisions of bodies and persons exercising public functions // Arbitration practice. 2004. No. 12. pp. 58-60.
- Arzumanova L.L., Peshkova (Belogortseva) H.V., Averina K.N. and others. Commentary to the Federal Law of August 8, 2001 No. 129-FZ «On State Registration of Legal Entities and Individual Entrepreneurs» (item-by-article). Prepared for the ConsultantPlus system, 2020.
- Belov V.A. Problems of imperfection of the legal technique of arbitration legislation // Arbitration practice. 2004. No. 9. pp. 49-54.
- Vishnevsky A.V. Evidence of proper notification of persons participating in arbitration proceedings // Siberian law herald. 2017. No. 3(78). pp. 84-89.
- Gribkov D.A. Statute of limitations and deadlines for applying to the court in civil proceedings. Abstract of diss. … candidate of legal sciences. M., 2009. 26 p.
- Davydov K.V. Legislation on administrative procedures and administrative proceedings in Russia: some problems of theory and practice // Administrative law and process. 2018. No. 3. pp. 62-72.
- Zelentsov A.B. The institution of appeal to the body-the author of the act: the need for revival (returning to the problem) // Administrative law and process. 2019. No. 10. pp. 30-38.
- Zorina E.A. State registration of legal entities in the Russian Federation. Abstract of diss. … Candidate of Law. M., 2015. 25 p.
- Leonov D.V. Administrative and legal institution of pre-trial appeal. Abstract of diss…. Candidate of Law Sciences. M., 2020. -29 p.
- Malyavina N.B. Claim procedure for resolving disputes // Arbitration and civil process. 2018. No. 6. pp. 21-25.
- Filchenko D.G., Evtukhovich E.A. Commentary on the Review of the practice of application by arbitration courts of the provisions of procedural legislation on the mandatory pre-trial procedure for settling a dispute (approved by the Presidium of the Supreme Court of the Russian Federation on July 22, 2020) // Arbitration Court. 2020. 2021. No. 1. pp. 142-158.
- Chumakova O.V. Administrative and legal disputes in the field of registration of legal entities. Abstract of diss. … Candidate of Law Sciences. M., 2008. 18 p.
- Yakovlev V.F. V All-Russian Congress of Judges November 27-28, 2000 Report of the Chairman of the Supreme Arbitration Court of the Russian Federation // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2001. No. 1. p. 14.
补充文件
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