Trofimova, E.V. Registration regime for the making entrepreneurial subjects legitimate in the Russian Federation: legal problems and ways for improvement

Abstract: The article concerns legal problems regarding the existing order of making entrepreneurial subjects legitimate in the Russian Federation. The author defines the key tendencies of legislative development on state registration of legal entities and individual entrepreneurs, and she analyzes the existing legal practice. The article aims to formulate the propositions in order to optimize the registration regime of entrepreneurial activity within the framework of improvement of business conditions in the Russian Federation. The study showed that the process of development of legislation on state registration of legal entities and individual entrepreneurs is simultaneously influenced by a number of factors, including the civil legislation reforms, administrative reform, formation of the unified economic territory with the Republic of Belarus, the Republic of Kazakhstan. It is established that currently unification of the order of making subjects of entrepreneurial activities legitimate within the legislations of the Member States of the Eurasian Economic Community (EEC). Solving the existing legal regulation problems in the sphere of state registration of entrepreneurial subjects (such as inefficient control over lawfulness of formation of legal entities, failure to provide public and authentic data on state registration, imperfections within the system of conditions for the refusal in state registration, etc.) requires simultaneous achievement of two opposite goals – strengthening control over legality of formation of such entities (mostly, organizations), and de-bureaucratizing the procedure. It is offered to guarantee the control over compliance of charter documents of newly formed legal entities, order of their formation and authenticity of the provided data at the stage of their formation, providing notary control over this sphere.

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