The legal nature of registration act according to the Law on Administrative Regulation and Administrative Control on Economic Activity  Cover Image
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За правната природа на регистрационния акт съгласно Закона за ограничаване на административното регулиране и административния контрол върху ...
The legal nature of registration act according to the Law on Administrative Regulation and Administrative Control on Economic Activity

Author(s): Maria Kazandzhieva
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The registration act is only a doctrinarian concept, which does not explicitly correspond to any legal term neither in the Law on Administrative Regulation and Administrative Control on Economic Activity, nor in the special laws, arranging the registration regime. In the legal doctrine there have been expressed divergent views on the essence of the registration act. Saying that, legislation allows associations of the legal form not only with the registration in the public register but also with issue of a registration certificate, as well as with issue of an explicit authorization act. The uncontroversial understanding of the legal form and the legal nature of the registration act offers support for overcoming the existing ambiguities in the order of the Law on Administrative Regulation and Administrative Control on Economic Activity. In addition to that, it allows us to find relevance explicit solutions for the registration procedures according to the special laws. The article offers a study of the concept of the registration act in terms of the administrative law and the active legislation. As a result of that, the registration act is defined as an act of declaratory individual administration, gained by registering through the public registration process. It has an external influence and is beneficial to the addressee character and is supposed to maintain his constitutional right to free enterprise.

  • Issue Year: LIV/2013
  • Issue No: 2
  • Page Range: 3-16
  • Page Count: 14
  • Language: Bulgarian