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Publications of Shukhareva Anna Vasil'evna
Legal Studies, 2019-11
Shukhareva A.V. - Invalid Entry in the Uniform State Register of Legal Entities: Consequences of Inaccurate Data in the Register and Measures of Protection of Bona Fide Entities pp. 53-60

DOI:
10.25136/2409-7136.2019.11.30182

Abstract: The subject of the research is the analysis of implementation of the public accuracy principle to the Uniform State Register of Legal Entities and legal consequences of inaccurate entries. The author of the article analyzes how a state entry can be declared invalid and associated decisions can be made. The author also studies judicial experience in declaring entries made by the Tax Inspection of Russia in the Uniform State Register as invalid based on the analysis of 'nominee director' cases. These cases included registration of a legal entity as a physical entity using passport information of an individual who had received a certain payment and cases when criminals steal personal information. In the course of her research Shukhareva has applied the following research methods: analysis and synthesis, systems approach, structural functional and formal legal analysis. The results of the research demonstrate that to declare an entry as invalid in cases of 'nominee director', it is first necessary to initiate a criminal case according to Article 170.1 of the Criminal Code of the Russian Federation and make a procedural decision. The author concludes that criminal prosecution proves the fact that a legal entity which registration is disputed does not have a competence to manage or be recognized as a bona fide entity. Criminal measures combine with civil measures and even influence efficiency of one another. In cases when an individual becomes a nominal director not by his will but as a result of wrong actions of the third parties, it is possible to recognize invalid entry in the Uniform State Regiser of Legal Entities by appealing procedural decisions due to the absence of a violator. 
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