LEGAL NATURE AND ESSENCE OF STATE REGISTRATION

Abstract

This scientific article is devoted to the actual problems of determining the legal nature and essence of state registration. The article defines the list of objects that are subject to state registration, namely: legal entities regardless of organizational and legal form, a form of ownership and subordination, their symbols, public formations that do not have the status of a legal entity, and natural persons – entrepreneurs; acts of civil status; real property rights and their encumbrances; movable property and its encumbrances; printed media. Theoretical and legislative approaches to defining the essence of the concept of state registration are analyzed and groups of approaches to defining the state registration procedure are identified, in particular, state registration is considered as a means of recording certain facts, a legal act, a legal fact, an institution of administrative law, and an administrative procedure. The signs of state registration are also defined, among which, there are: state registration ensures the recording of facts and takes place in accordance with the law. Having analyzed the prescriptions of the current legislation in the field of state registration of legal entities, natural persons-entrepreneurs, and real rights to immovable property, their encumbrances, common features of state registration are named: it is official; is recognized as a legal fact; consists in the recognition and confirmation of the relevant legal fact; is carried out by authorized entities and is a set of targeted administrative procedures; such procedures relating to the entry of information into a special register. It is proposed to define the concept of state registration as a procedure regulated by administrative and legal norms, which, while ensuring the recording of facts, provides making entries in state the registers, regulates administrative and legal relations with the aim of legitimizing the legal status of a legal entity, an individual entrepreneur, the rights to immovable and movable property, their encumbrances and other objects of state registration.