scholarly journals Errors in the information (data) contained in the Unified State Register of Legal Entities: types and methods of elimination

2021 ◽  
Vol 5 (2) ◽  
pp. 209-230
Author(s):  
A. V. Gabov
Keyword(s):  
Legal Regulation ◽  
Civil Code ◽  
Current Regulation ◽  
Legal Norms ◽  
State Register ◽  
Scientific Hypothesis ◽  
Scientific Results ◽  
State Registration ◽  
Teleological Interpretation ◽  
Legal Entities

The subject of research. The issue of reliability (unreliability) of information (data) included in the Unified State Register of Legal Entities has increased after the amendments made to the Russian Civil Code in 2013 and to the Russian legislation on state registration of legal entities in 2015. The legislation, introducing the principle of public reliability of information included in the Unified State Register of Legal Entities does not clearly define what is meant by such reliability. Accordingly, the question arises about what is meant by “unreliability” of information. Although legal norms contain the concept of “error”; the legislation does not contain a single legal regime of “error”. This is expressed in the presence of several independent cases described in the legislation, including, among other things, an independent procedure for correcting an error. It is also not clear how the presence of an “error” correlates with the requirements for the reliability of the data of the Unified State Register of Legal Entities. The author shows the evolution of the concepts of “error” and “technical error” in the legislation on state registration of legal entities, as well as ways to eliminate it for the first time in the Russian doctrine.The purpose of the article is to: (a) analyze the current regulation and qualify various cases of “errors” in the information included in the Unified State Register of Legal Entities; (b) specify the objectives of regulation in each identified case of “errors”; (c) identify the main contradictions in the regulation; (d) form a new model of the reliability of the information included in the Unified State Register of Legal Entities and specific legal decisions based on the goals of the legislator to “whitewash” the Russian economy, strengthen the principle of good faith, and ensure the certainty of legal norms. The scientific hypothesis is that the “error” in the information included in the Unified State Register of Legal Entities, whatever its cause, is a special case of unreliability of information. Accordingly, all cases of “error” should be settled within the framework of the general model of reliability of information included in the Unified State Register of Legal Entities. The current regulation does not provide real public reliability of the information; in fact, such public reliability today is nothing more than an illusion. Approaches to determining the reliability (unreliability) of information included in the Unified State Register of Legal Entities do not provide such reliability.Description of research methods and methodology. The research is based on a systematic and teleological interpretation of normative material (legal norms, explanations of a normative nature, judicial legal positions). Information about the main scientific results. Conclusions. The conducted research fully confirmed the correctness of the proposed scientific hypothesis. Systematic proposals for changing existing approaches to regulation and specific legal solutions are formulated. Conclusions. It is noted that the current regulation regarding the criteria for the reliability/unreliability of information (data) of the Unified State Register of Legal Entities is confusing and creates uncertainty in the legal regulation. The necessity of changing the norms of the Civil Code of the Russian Federation and other federal laws, the abolition of the most odious explanations of a regulatory nature, the foundations of a new regulatory model and proposals for reforming the existing regulatory framework are formulated.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

scholarly journals ECONOMIC COSTS ON THE CHANGE OF ORGANIZATIONAL AND LEGAL FORMS OF ECONOMIC DECREASE BY RECORDING OF THE CIVIL CODE OF UKRAINE AND CANCELLATION OF THE ECONOMIC CODE OF UKRAINE: TO DISCUSSION

2020 ◽  
Vol 22 (1(74)) ◽  
pp. 80-87
Author(s):  
I.V. ZABLODSKA ◽  
O.P. PODTSERKIVNIY ◽  
D.V. ZABLODSKA
Keyword(s):  
Economic Activity ◽  
Methodological Approach ◽  
Civil Code ◽  
Economic Costs ◽  
Legal Form ◽  
Real Cost ◽  
Corporate Rights ◽  
Legal Forms ◽  
State Registration ◽  
Legal Entities

Topicality. Today, the scientific environment discusses a legislative proposal to abolish the Economic Code of Ukraine and enshrined in the recodified Civil Code of Ukraine types of organizational and legal forms of management based on corporate rights. Aim and tasks The purpose of the article is to develop a methodological approach to determining the economic costs of bringing legal entities to their organizational and legal forms and constituent documents in accordance with the requirements of the recodified Civil Code of Ukraine through the abolition of the Economic Code of Ukraine. Research results. The number of legal entities that are registered in Ukraine has been determined, which should change the legal form of economic activity and types of economic expenses: obligatory, highly probable, and unlikely. Compulsory expenses include expenses of legal entities for state registration of changes in constituent documents, administrative fee, payment of notary services, printing expenses. In addition, many legal entities may incur expenses related to: payment of legal services of third parties on state registration of changes in the constituent documents, production of new seals and stamps, payment of additional duties for the employees of the company. It is through registration of necessary documents, holding general meetings founders, transportation expenses for visiting state registration bodies, payment for printing services, etc. For some businesses, the costs may be increased by the cost of services such as: re-licensing, re-contracting with counterparties, re-issuing leases of land and real estate, as well as the amount of downtime associated with a reorganization. Conclusion. According to the results of the costs calculation for the change by the legal entities of their organizational and legal forms and constituent documents in accordance with the requirements of the recodified Civil Code of Ukraine. It is established that each legal entity will spend almost three thousand UAH, and the maximum amount of expenses depends on the type of economic activity and the legal form of management, and thorough an analytical research is needed to calculate the real cost.

scholarly journals Digital profile: the concept, regulatory mechanisms and enforcement problems

2022 ◽  
Vol 5 (4) ◽  
pp. 5-19
Author(s):  
E. V. Vinogradova ◽  
T. A. Polyakova ◽  
A. V. Minbaleev
Keyword(s):  
System Analysis ◽  
Comparative Method ◽  
State Level ◽  
Legal Regulation ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Nature ◽  
Other Information ◽  
State And Local ◽  
Legal Entities

The subject of the research is the legal nature of the digital profile of a citizen, as well as a set of legal norms regulating digital profiling relations in Russia.The comparative method, the method of system analysis, as well as the method of legal modeling are used in the article.The purpose of the article is to confirm or disprove the hypothesis that legal regulation is not the only mechanism for regulating relations in the field of digital profiling.The main results, scope of application. The article studies the phenomenon of digital profile, the main approaches to the digital profiling as well as the circumstances that have caused the state's interest in digital profiling. The creation and operation of a digital profile should be aimed at achieving the goal set out in the legislation. The digital profile is a set of relevant, reliable information about individuals and legal entities formed in the unified identification and authentication system or other information systems of state and local government authorities. The formation of a digital profile is carried out in order to provide data to authorities, legal entities and persons who have requested access to this information through the digital profile infrastructure. The analysis of the Russian legal regulation of relations in the field of digital profiling is presented, the problems of enforcement practice are identified. The analysis revealed the main differences between the digital profile and related categories, including social scoring, the unified population register and others. The comparison of a digital profile with a digital avatar and a digital character was carried out. It is extremely important to pay close attention to the problems of digital profiling both at the level of fundamental and applied scientific research. At the state level, it is important to strategically determine what a digital profile is, as well as formulate the main directions of the digital profiling development, challenges and risks. The importance of the development of digital profiling for unified system of public authorities in the Russian Federation is outlined.Conclusions. The analysis of the emerging practice of digital profiling in contemporary society shows that legal regulation does not always allow us to keep up with the rapidly developing relations in this area. The possibility of using other mechanisms should be considered. The use of mechanisms of regulatory experiments can also be considered as special mechanisms for regulating relations in the field of digital profiling. The goal of the research has been achieved, the legal nature of the digital profile has been revealed, approaches to regulating this phenomenon in the conditions of digital transformation have been proposed.

scholarly journals PROBLEMS OF CIVIL LEGAL PROTECTION AND DEFENSE OF BUSINESS REPUTATION OF A LEGAL ENTITY IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 33-38
Author(s):  
Olha Bondarenko ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Scientific Study ◽  
The Internet ◽  
The European Union ◽  
Legal Entity ◽  
The Law ◽  
Business Entities ◽  
Legal Entities

The article considers topical issues related to civil law protection and protection of the business reputation of a legal entity in Ukraine. The right to business reputation belongs to a special group of civil relations, which requires scientific study and analysis, given that there is still no legislative enshrinement of the concept of business reputation of a legal entity in the Civil Code of Ukraine. And in the time of constant socio-economic development, the relevance of the definition and legal regulation of civil relations in the field of business reputation of legal entities is significant and important because business reputation is a certain assessment of the legal entity, based on conclusions about business qualities and moral personality, which are closely related to the activities of the business entity and their compliance with the requirements of the law and the proper performance of contractual obligations to partners. The purpose of the article is to analyze, compare and study the foreign experience of the European Union to determine the optimal concept of business reputation, and provide suggestions on how to solve existing problems of protection of business reputation in violation of the Internet in our country. During the study of the issue, the basic concepts of business reputation contained in the regulations of Ukraine were analyzed. It is established that the civil legislation does not contain a definition of the term «business reputation of a legal entity», which in turn complicates the process of legal protection and protection of the business reputation of business entities. Equally important is the issue of protection against damage to business reputation on the Internet, which now affects almost every aspect of modern society. Protecting business reputation on the Internet is significantly complicated by the lag in the development of Ukrainian legislation from the realities of information technology development. If there are more or less clear ways to protect the infringed personal non-property right in traditional print media, television, then there is virtually no special regulation of relations and protection of the law on the Internet. In conclusion, we note that at the legislative level, namely in the Civil Code of Ukraine there is no legal regulation of protection and protection against violations of the business reputation of legal entities on the Internet. The problem of implementing the mechanism of protection of business reputation of a legal entity in the courts of Ukraine is relevant and unresolved and as a result requires further scientific study.

scholarly journals FEATURES OF THE ADMINISTRATIVE AND LEGAL STATUS OF COMMERCIAL AND NON-COMMERCIAL ORGANIZATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 304-311
Author(s):  
V. Y. Volkov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Science ◽  
The Russian Federation ◽  
Federal Laws ◽  
Commercial Organizations ◽  
Legal Entities ◽  
Modern Russian

The article deals with the administrative and legal status of commercial and non-commercial organizations. The author conducts a theoretical and methodological analysis of the administrative and legal status of commercial and non-commercial organizations. The author focuses on the fact that in modern Russian legislation there are processes of duplication of norms in the field of legal regulation of legal entities: the same issues are regulated by the civil code of the Russian Federation and special Federal laws, which in some cases leads to contradictions. The author notes that the administrative and legal status of commercial and non-commercial organizations in a number of representatives of legal science is studied in fragments, representing mainly a list of elements, without justification of why these characteristics are highlighted. The author concludes that the administrative and legal status of commercial and non-commercial organizations is a certain structure consisting of several blocks, which, in turn, consist of interrelated elements, the exclusion of which leads to the termination of the administrative and legal status.

scholarly journals Urgency of changes in legal regulation of property relations on plant varieties in connection with recodification of the Civil Code of Ukraine

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Pushkar Maryna ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Property Right ◽  
Intellectual Property Right ◽  
Intellectual Property Rights Protection ◽  
Plant Variety ◽  
State Registration

The urgency of the study liesin the development by scientists of the draft Law on recodification (update) of civil legislation of Ukraine. The article analyzes the norms of the Civil Code of Ukraine in the field of state registration of intellectual property rights to plant varieties for compliance with international norms, the binding nature of which is recognized by Ukraine. The norms of Article 485 of the Civil Code of Ukraine stipulate that the intellectual property right to a plant variety consists of: 1) personal in tangible intellectual property rights to a plant variety, certified by state registration; 2) intellectual property rights to a plant variety, certified by a patent; 3) property right of intellectual property for the distribution of plant varieties, certified by state registration. Norms of international acts in the field of intellectual property, namely: the International Convention for the Protection of New Varieties of Plants, the Association Agreement between Ukraine and the EU, Council Regulation (EC) № 2100/94 of July 27, 1994 «On Plant Variety Rights» property rights to plant varieties: certified by a patent and certified by the state registration for the distribution of plant varieties is not provided. This legislative discrepancy can be a serious obstacle to the protection of plant variety rights, especially at the time of litigation. This is a negative factor for cooperation in agriculture and breeding, as well as in the sector of ensuring a competitive environment in agricultural production. Keywords: intellectual property, legal regulation, registration of intellectual property rights to plant varieties, intellectual property rights to a plant variety, certified by a patent, intellectual property rights to the distribution of plant varieties, certified by state registration, protection of intellectual property rights, protection of new plant varieties

scholarly journals PROBLEMS OF LEGAL REGULATION OF LEGAL ENTITIES IN KAZAKHSTAN

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Майдан Сулейменов ◽  
Maydan Suleymenov
Keyword(s):  
General Meeting ◽  
Legal Regulation ◽  
Civil Code ◽  
The State ◽  
Corporate Body ◽  
The Law ◽  
The Republic ◽  
In Virtue Of ◽  
Legal Entities

This article deals with the issues related to the establishment of the legislation on legal entities in Kazakhstan, beginning with the 1991 Law on Enterprises and ending with the Laws enacted on the basis of the Civil Code of the Republic of Kazakhstan. Further, the article resolves most topical issues regarding legal regulation of legal entities. Considerable attention is paid to the concept of corporation and corporate relations. On the basis of the analysis of disputable viewpoints the author arrives at the conclusion that corporate relations constitute a part of the in-house relations regulated by civil standards. This is possible in virtue of the fact that the General Meeting is not a corporate body; rather it serves as an expression of the incorporators’ will. The article also tackles the issues on regulation of the activities of state legal entities, in relation to which the Law on the State Property is adopted in the Republic of Kazakhstan.

scholarly journals The improvement of legal regulation of franchising in the conditions of digital economy

2020 ◽  
pp. 40-55
Author(s):  
Petr Evgenievich Mazepov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Digital Economy ◽  
Civil Code ◽  
Alternative Methods ◽  
The Russian Federation ◽  
Simplified Procedure ◽  
State Registration

The subject of this research is the legal regulation of franchising at the current stage of economic development. The object of this research is social relations emerging as a result of conducting business activity in the form of franchising. The present state of legal regulation of franchising in the Russian Federation is being analyzed. Special attention is paid to the aspects of regulation of this institution in the conditions of digitalization. The author examines the prospects of using smart contracts in the sphere of franchising, peculiarities of digital elements within a franchise, concept of digital franchising, and prospects of its regulation. The scientific novelty consists in examination of franchising in the conditions of digital economy from the perspective of analysis and determination of the prospect of legal regulation of this institutions. It is concluded that the improvement of regulation of franchising in the context of digital economy in the Russian Federation is possible through the following avenues: 1) simplified procedure of state registration for granting exclusive rights based on the agreement of commercial concession; establishment of alternative methods of identification of the entity who expresses statement of intention; 2) introduction of amendments to the Part 3 of the Civil Code of the Russian Federation for assigning legal status to such objects as cloud technologies and big data; 3) improvement of norms of the Article 1033 of the Civil Code of the Russian Federation to specify the admissibility of restrictive terms with regards to user activity in the Internet; 4) formulation of regulatory norms for rendering digital services,.

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