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Public Procedures for State Registration

https://doi.org/10.17803/1729-5920.2019.146.1.040-050

Abstract

The paper reviews the types of state registration carried out to meet private and public needs, as well as the content of the relevant administrative procedures. The author substantiates the conclusion concerning the public purpose of the state registration referred to the jurisdiction of the federal executive authorities and other public bodies. Special attention is paid to the state registration of independent contractor agreements and public deals. The paper considers the content of the state registration under administrative law as it is established in relation to the objects of intellectual property, possession, use and disposal of individual real estate objects, as well as movable things. Also, the registration relations caused by law enforcement needs are analyzed. The paper substantiates the classification of types of state registration depending on the goalsetting, the essence of registration procedures, the status of a registering body.

The content of administrative procedures arising in ordinary or extraordinary registration relations is considered in detail.

Special attention is paid to tort relations in the sphere of public registration activities, indirect violations of administrative procedures by executive authorities and their authorized officials — “state registrars of rights.” Administrative procedures referred to the authority of public registration entail the emergence, modification, suspension or termination of a registration relationship and civilistic or public authority preconditioned by the registration authority.

Identification of features of the offense committed by the registration authority entails compensation of property damage and moral damage and damage to reputation.

Not only a specific thing with its expressed property and commodity properties, but also an intangible substance, primarily an object of intellectual property, can be an object of state registration. The public purpose of state registration is preconditioned by protection of non-public rights and interests of a business entity or a participant of a non-profit activity.

The content of administrative procedures of state registration in the sphere of law enforcement is considered in detail.

About the Author

A. A. Agapov
Kutafin Moscow State Law University
Russian Federation

Agapov Andrey Borisovich, Doctor of Law, Professor, Professor of the Department of Administrative Law and Procedure

125993, Moscow, yul. Sadovaya-Kudrinskaya, d. 9



References

1. Agapov A. B. Administrativnaja otvetstvennost : uchebnik dlja bakalavriata i magistratury. [Administrative responsibility : A Textbook for Bachelor and Master Students]. 8th ed., rev. and suppl., Moscow, Yurayt publ., 2018. (In Russian)

2. Agapov A. B. Administrativnoe pravo : v 2 t. : uchebnik dlya bakalavriata i magistratury [Administrative law : in 2 vol. A Textbook for Bachelor and Master Students. 10th ed., rev. and suppl., Moscow, Yurayt publ., 2016. Vol. 2 : Publichnye procedury. Osobennaja chast [Public procedures. Special part]. (In Russian)

3. Agapov A. B. Kvalifikatsiya korporativnoy viny [Qualification of corporate fault]. Lex Russica. 2010. No. 6. P. 1291—1314. (In Russian)

4. Agapov A.B. Publichnye protsedury : ucheb. posobie dlya bakalavriata i magistratury [Public procedures : A Study Guide for Bachelor and Master Students]. Moscow, Yurayt publ., 2017. (In Russian)

5. Agapov A. B. Subekty administrativnogo prava : ucheb. posobie dlya bakalavriata i magistratury [Administrative Law Subjects : A Study Guide for Bachelor and Master Students]. Moscow, Yurayt publ., 2017. (In Russian)


Review

For citations:


Agapov A.A. Public Procedures for State Registration. Lex Russica. 2019;(1):40-50. (In Russ.) https://doi.org/10.17803/1729-5920.2019.146.1.040-050

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)