THE CONFLICT OF STATE REGISTRATION AS A CONDITION FOR THE EMERGENCE OF A PUBLIC LEGAL DISPUTE
The article is devoted to the study of the conflict of state registration as a condition for the emergence of a public legal dispute. The legal nature of state registration is determined, taking into account the determinant of conflict as a condition for the emergence of public legal disputes. It...
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| Format: | Article |
| Language: | deu |
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Alfred Nobel University
2022-06-01
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| Series: | Alfred Nobel University Journal of Law |
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| Online Access: | https://law.duan.edu.ua/images/PDF/2022/1/9.pdf |
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| _version_ | 1841525721915195392 |
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| author | Olena S. Lunina |
| author_facet | Olena S. Lunina |
| author_sort | Olena S. Lunina |
| collection | DOAJ |
| description | The article is devoted to the study of the conflict of state registration as a condition for the
emergence of a public legal dispute. The legal nature of state registration is determined, taking into
account the determinant of conflict as a condition for the emergence of public legal disputes.
It is noted that the development of justice in Ukraine should be aimed at strengthening the
rule of law by ensuring access to justice, fair judicial procedures, independence, impartiality and
professionalism of judges, as well as legal certainty, Uniformity of judicial practice and openness of
judicial decisions, effectiveness of judicial protection. The article studies an opinion on determination
of stages of development of legal conflict. The existing definitions of the concept of legal conflict have
been analyzed, which is generally well-established in the doctrine of public law. A legal conflict is
defined as a conflict between two or more actors based on the opposite or incompatibility of their
interests, needs or values. The features of legal conflict are named: the connection of the conflict with
legal relations, the presence of legal features of the subjects or the object of the conflict; the possibility
of legal settlement; sectoral certainty of the conflict; the presence of legal consequences; the
possibility of using coercive means in the conflict resolution process; conflict resolution through a
special legal procedure. The doctrinal definitions of terms “registration”, “registration proceedings”,
“state registration” were studied. The conclusion concerning the special character of the conflict of
relations in the field of state registration is given, which is: that the improper exercise of authority by
subjects in the field of state registration may violate not only the public rights of persons to properly
carry out registration activities, but also the relevant rights, on the occurrence or implementation of
which obstacles are created (ownership of real estate, the right to conduct business, etc.). The
concepts of “foundation” and “conditions” of public-legal dispute are delimited. It is emphasized that
the conflict of relations in the field of state registration as a condition for the emergence of public legal
disputes is determined by the individual's interest in realizing, first of all, certain rights granted by law
(rights to real estate, the right to carry out entrepreneurial activities, etc.), and not the rights to accept
the subject of the authority of relevant decisions or actions. |
| format | Article |
| id | doaj-art-a0fbbfea78f845ceaba14808f8cf1f7f |
| institution | Kabale University |
| issn | 3041-2218 3041-2226 |
| language | deu |
| publishDate | 2022-06-01 |
| publisher | Alfred Nobel University |
| record_format | Article |
| series | Alfred Nobel University Journal of Law |
| spelling | doaj-art-a0fbbfea78f845ceaba14808f8cf1f7f2025-01-17T07:27:04ZdeuAlfred Nobel UniversityAlfred Nobel University Journal of Law3041-22183041-22262022-06-0114738110.32342/2709-6408-2022-1-4-8THE CONFLICT OF STATE REGISTRATION AS A CONDITION FOR THE EMERGENCE OF A PUBLIC LEGAL DISPUTEOlena S. Lunina0Alfred Nobel UniversityThe article is devoted to the study of the conflict of state registration as a condition for the emergence of a public legal dispute. The legal nature of state registration is determined, taking into account the determinant of conflict as a condition for the emergence of public legal disputes. It is noted that the development of justice in Ukraine should be aimed at strengthening the rule of law by ensuring access to justice, fair judicial procedures, independence, impartiality and professionalism of judges, as well as legal certainty, Uniformity of judicial practice and openness of judicial decisions, effectiveness of judicial protection. The article studies an opinion on determination of stages of development of legal conflict. The existing definitions of the concept of legal conflict have been analyzed, which is generally well-established in the doctrine of public law. A legal conflict is defined as a conflict between two or more actors based on the opposite or incompatibility of their interests, needs or values. The features of legal conflict are named: the connection of the conflict with legal relations, the presence of legal features of the subjects or the object of the conflict; the possibility of legal settlement; sectoral certainty of the conflict; the presence of legal consequences; the possibility of using coercive means in the conflict resolution process; conflict resolution through a special legal procedure. The doctrinal definitions of terms “registration”, “registration proceedings”, “state registration” were studied. The conclusion concerning the special character of the conflict of relations in the field of state registration is given, which is: that the improper exercise of authority by subjects in the field of state registration may violate not only the public rights of persons to properly carry out registration activities, but also the relevant rights, on the occurrence or implementation of which obstacles are created (ownership of real estate, the right to conduct business, etc.). The concepts of “foundation” and “conditions” of public-legal dispute are delimited. It is emphasized that the conflict of relations in the field of state registration as a condition for the emergence of public legal disputes is determined by the individual's interest in realizing, first of all, certain rights granted by law (rights to real estate, the right to carry out entrepreneurial activities, etc.), and not the rights to accept the subject of the authority of relevant decisions or actions.https://law.duan.edu.ua/images/PDF/2022/1/9.pdfconflictpublic legal disputeregistrationstate registrationadministrative proceedings |
| spellingShingle | Olena S. Lunina THE CONFLICT OF STATE REGISTRATION AS A CONDITION FOR THE EMERGENCE OF A PUBLIC LEGAL DISPUTE Alfred Nobel University Journal of Law conflict public legal dispute registration state registration administrative proceedings |
| title | THE CONFLICT OF STATE REGISTRATION AS A CONDITION FOR THE EMERGENCE OF A PUBLIC LEGAL DISPUTE |
| title_full | THE CONFLICT OF STATE REGISTRATION AS A CONDITION FOR THE EMERGENCE OF A PUBLIC LEGAL DISPUTE |
| title_fullStr | THE CONFLICT OF STATE REGISTRATION AS A CONDITION FOR THE EMERGENCE OF A PUBLIC LEGAL DISPUTE |
| title_full_unstemmed | THE CONFLICT OF STATE REGISTRATION AS A CONDITION FOR THE EMERGENCE OF A PUBLIC LEGAL DISPUTE |
| title_short | THE CONFLICT OF STATE REGISTRATION AS A CONDITION FOR THE EMERGENCE OF A PUBLIC LEGAL DISPUTE |
| title_sort | conflict of state registration as a condition for the emergence of a public legal dispute |
| topic | conflict public legal dispute registration state registration administrative proceedings |
| url | https://law.duan.edu.ua/images/PDF/2022/1/9.pdf |
| work_keys_str_mv | AT olenaslunina theconflictofstateregistrationasaconditionfortheemergenceofapubliclegaldispute AT olenaslunina conflictofstateregistrationasaconditionfortheemergenceofapubliclegaldispute |