Zhelinskyi V. Administrative and Legal Framework for Registration Activity of the Ministry of Justice of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101972

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

21-10-2020

Specialized Academic Board

К 26.503.01

Research Institute of Public Law

Essay

The thesis reveals the scientific problem of administrative and legal framework for registration activity of the Ministry of Justice of Ukraine. The paper provides a thorough analysis of scientific and theoretical approaches, current domestic and international legislation in the field of registration. The author's definition of "registration activity of the Ministry of Justice of Ukraine" is formulated and its key specificities are described. It is concluded that the registration activity of the Ministry of Justice of Ukraine is an exclusive administrative and legal instrument, when its body or official, performing registration by fixing and taking into account legally significant facts and providing control satisfies public-private interests, is an object of administrative legal regulation. It is proved that the administrative and legal status of the Ministry of Justice of Ukraine in the field of registration is characterized by administrative legal personality, determined by administrative (competence) regulations. For a more thorough and objective analysis, we have made our own classification division of regulations that regulate different types of registration activities into groups according to certain unifying characteristics, which consists of six groups. The first group includes those acts that determine the legal basis of registration in Ukraine, which in turn are divided into subgroups: 1) general; 2) departmental. The second group consists of regulations that determine the procedure for registration of a particular object or special bases for the implementation of a particular area of development of state registration activities: 1) state registration of printed media; 2) state registration of news agencies; 3) state registration of property rights to property, which is divided into subgroups: real estate; movables; 4) state registration of individuals and legal entities; 5) state registration of civil status acts, which is divided into subgroups: international regulations and national regulations; 6) state registration of normative legal acts. The third group includes those acts that determine the procedural aspects of the settlement of financial relations that arise in the field of state registration of the Ministry of Justice of Ukraine. The fourth group includes those acts that determine the legal status and procedure of state registers. The fifth group includes acts regulating legal liability for offenses in the field of state registration. The sixth group includes acts regulating the issues of interaction of the Ministry of Justice of Ukraine with other authorities in matters of state registration. The concept of "registration procedure" is defined and the stages of the registration procedure carried out by the Ministry of Justice of Ukraine are clarified. It is proved that the content of registration procedure for legal regulations is that the state, represented by its authorized bodies – the Ministry of Justice of Ukraine, guarantees their compliance with current national and international standards and requirements.

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