Наукові категорії «альтернативне оскарження» та «адміністративне оскарження» в контексті оскарження у сфері державної реєстрації

Abstract

The article deals with categories of “alternative appeal” and “administrative appeal” in domestic and foreign legal doctrine, as well as under the prism of the appealing procedure in the field of state registration. The author emphasizes that etymologically the problem is to determine the legal nature of the procedure for appealing against decisions, actions or inaction in the field of state registration of real estate and business: whether it is alternative, administrative or mixed. The researcher comprehensively uses the methods of comparative law and philology, so this research is intersectoral and interdisciplinary. The article also analyzes the general state of modern jurisprudence’s categorical apparatus by studying some scientific definitions of “alternative appeal” and “administrative appeal” terms to determine the essence of an out-of-court appeal in the field of state registration procedure. The author explores different interpretations of such a term as “alternative appeal” in the institutional context of administrative law and administrative process. The scientific paper notes the existence of scientific concepts on the synonymy of such terms as “alternative appeal”, “extrajudicial appeal”, “pre-trial appeal”, “non-traditional appeal”. The researcher considers some scientific interpretations of administrative appeal in the context of Ukrainian system of administrative services’ historical and social reforming. The article also lists the basic principles of an out-of-court appealing procedure in the field of state registration as well as it has signs of alternative and administrative appeal mechanisms. There is information about the competence and positive features of special advisory structures of the Ministry of Justice of Ukraine and its territorial offices – boards that consider complaints against illegal decisions, actions or inaction of administrative service providers in the field of state registration. The author summarizes that the procedure for appealing against decisions, actions or inaction of state registrars is extrajudicial, administrative and alternative (alternative to litigation).