Legal Bulletin (Oct 2022)
SUBSTANTIVE-SYSTEMIC IDEAS OF LAW ENFORCEMENT WHEN CREATING LEGAL ENTITIES AND THEIR REGULATORY SIGNIFICANCE
Abstract
The relevance of the study of the status of a legal entity in the aspect of its creation is predetermined by the renewal of the role of such a subject in the special conditions of the impact of external sanctions on the economic life of Russia. The main purpose of this work is to substantiate conceptual approaches to improving the legal mechanism for creating legal entities based on substantive and systemic ideas of the legality of the rule of law. The mechanism of creating a legal entity is considered as a complex legal order in the Russian legislation on legal entities. The problems considered are: the problem of the legal nature of the creation of a legal entity from the position of doctrines about the essence of a legal entity; the problem of the intersectoral structure of the mechanism for creating a legal entity and the consistency, consistency and legal certainty of its components; the problem of the reliability of all information and documents that formalize the process of creation and state legitimation (registration) of the created legal entity; problems of ways to eliminate significant negative consequences of violations of the mechanism of creating a legal entity and the use of effective legal instruments to purify legal signs of legitimation of a legal entity from false information, protection of the public value of the Unified State Register of Legal Entities. The research methods used. General scientific methods are applied: dialectical materialism, analysis, synthesis, etc.; special scientific methods are formal-dogmatic, normative-analytical, comparative-legal, statistical, sociological, etc. Special attention in the study of legal relations that develop when creating a legal entity is paid to the methods of system analysis, complex analysis, structural and differentiated analysis, comparative jurisprudence and the conflict-of-evaluation ratio of industry norms and institutions. Conclusions. The substantive and systematic approach to solving the problems of legality of the rule of law when creating legal entities is the justification of the author's proposals aimed at improving the appropriate regulatory mechanism for restoring and preserving the lawful and reliable civil status of the created and created legal entity, as well as optimizing the institution of criminal liability for the illegal creation of a legal entity.
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