PRINCIPLES, STAGES AND SPECIFICS OF THE ADMINISTRATIVE PROCEDURE FOR STATE REGISTRATION

Abstract

The article highlights the principles, stages and defines the specifics of the Administrative Procedure of state registration in Ukraine. The analysis of the current legislation and practice of registration authorities allowed us to distinguish two groups of principles for the implementation of the state registration procedure: fundamental (general), which are inherent in any type of procedural activity; special, which are inherent only in a specific type of procedural procedures. It is noted that among the fundamental (general) principles, first, it is necessary to mention the principle of legality and the principle of protecting the rights and legitimate interests of citizens in the implementation of procedural activities, which is implemented taking into account the correlation of public and private interests. Among the special principles, such principles are characterized as the need to achieve the optimal volume (in terms of quantity and quality) of regulatory regulation of registration procedures; Prohibition of abuse of the right by registration authorities (state registrars); impartiality, reasonableness and fairness of consideration of the registration case; efficiency and cost-effectiveness of the registration procedure. In the procedure of State Registration, two stages can be distinguished: initiation of a registration case; consideration of the case and making a decision with its legal registration. The specifics of state registration as an administrative procedure are defined, which is manifested in the following: the behavior of participants in administrative and registration relations is usually not evaluated; measures of state coercion based on the results of resolving the registration case are not applied; the purpose of consideration of the case is to satisfy the legal rights and interests of individuals and legal entities that have applied for a resolution of a specific registration case (for example, registration and at the place of residence, registration of rights to real estate, etc.); individual cases that are resolved in the form of a registration procedure arise only on the initiative of individuals and legal entities that have applied for the relevant purpose; the authority in the decision of the registration case is the executive authority (or its official), which acts not as an arbitrator, but as an organizer of administrative activities. It is emphasized that the specifics of various types of state registration with greater benefit for practice should be reflected in separate laws devoted to a specific type of registration. However, the existing general principles inherent in all types of state registration should also be enshrined in law. It is noted that the establishment of general rules for the implementation of registration powers of executive authorities could strengthen the existing guarantees against administrative abuse in various spheres of public life. Based on this legal axiom, work should continue on more active implementation of the law of Ukraine “on administrative procedure”.