The urgency of the choice of the topic is due to the fact that today there are all grounds to state the imperfection of the procedure for the provision of administrative services in the field of amending the Unified State Register, as regards the head of a legal entity. In the conditions of the active development of modern information and communication technologies and their widespread use in many administrative and legal aspects, and in the case of amendments to the Uniform State Register, as regards the information about the head of a legal entity, the aspect of the appropriateness of such an administrative procedure becomes more and more relevant. As how the existing administrative procedure goes against the norms of labor law, which are based on the Constitution of Ukraine and numerous norms of international law ratified by Ukraine, - which forms a cross-sectoral conflict between the rules of substantive and procedural law governing the relations that are the subject of this work.
The disadvantage of legal regulation of such a procedure for amending the information of the Unified State Register as a direct administrative service is the legislative unregulatedness of the issue, from the position of the head who has expressed a desire to exercise his constitutional and international right to freely choose a job in another organization or enterprise.
It has been proposed: a) preventive measures, in order to make the situation that is the subject of the research impossible, at the stage of appointment of the head and amending primary information about him to the Uniform State Register; b) a preparatory complex of organizational and economic issues, which must precede the initiation of the initiation by the head of the administrative procedure, with regard to making changes to the information in the Unified State Register; c) a direct appeal from the head, that is his expression of will, if he wishes to be dismissed from office, for the administrative service of making the corresponding changes in the Unified State Register; d) the actions of the state registrar at the stage of familiarization with the application and the provided set of documents as the initial stage of the administrative procedure; e) making changes to the information about the head of a legal entity in the Uniform State Register.
Proceeding from the above described problems, in this paper, proposed ways of reforming, through the development of proposals to amend the Law No. 755-IV in the event of the will of the head of dismissal on the grounds of a certain Labor Code, or temporarily forced him to abstain from work in the workplace, such as illness, etc. Such proposals are based on:
1) improvement of the existing institution in the USR "persons who can take actions on behalf of the legal entity, including sign contracts, submit documents for state registration, etc." to replace them in the wording of "persons who can take actions on behalf of a legal entity without power of attorney, and in the absence of the head, performs his powers »;
2) justified and classically the period of the possible absence of a management body in the enterprise:
– short-term period up – to 12 months;
– Medium term from – 12 months;
– a long period – of 24 months (under certain conditions);
3) the proposed legal mechanism for the replacement of the management body in enterprises, through the improvement of the procedure for conducting the USR (amending).
