Kalinina L.E. State duty for licensing: payment for technical errors

Abstract: The author considers a state duty for licensing as a complex legal relationship, requiring a system regulation. In the process of a state duty establishing, licensing should be considered as a public service consisting of a range of managerial operations. The article analyzes the problems of establishing of the grounds for a state duty, determines the legally significant actions serving as a base for the duty. The author uses the court practice, including the resolutions of the Constitutional Court of the Russian Federation, which attribute the relations with the state to entrepreneurial risk. The author uses the general scientific methods of deduction, induction, analysis and synthesis, and the special scientific research methods: the historical-legal method, the juridical-dogmatic method, the logical method with the system analysis, the method of legal base analysis and generalization of its use. The novelty of the research lies in the theoretical study of the complex legal relationship of a state duty payment for licensing. The author concludes that a complex legal relationship presupposes that the legal regulation of the parts of the relationship, including the relulations of financial and administrative law, will be developing not independently, but will be integrating in the system, taking into account the regulation of the particular legal relationship. 

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