LEGAL BASIS FOR JUDICIAL CONSIDERATION OF CASES ON APPEAL AGAINST REFUSAL OF STATE REGISTRATION

INDONESIAN JOURNAL OF MODERN KNOWLEDGE AND REVIEW ISSN-L8776-0932 E-ISSN 8776-0932 IF(Impact Factor)12.57 Issue:11 Volume:11 October-2025 http://bibjournals.is-great.net/ 1 LEGAL BASIS FOR JUDICIAL CONSIDERATION OF CASES ON APPEAL AGAINST REFUSAL OF STATE REGISTRATION Aminov Anvarbek Aminbek ugli independent researcher of the Academy of Justice of the Republic of Uzbekistan Abstract: The article examines the legal basis for court proceedings related to appealing the refusal of state bodies to carry out state registration. The author analyzes the regulatory framework of the Republic of Uzbekistan, including the provisions of the Code of Administrative Proceedings, the Law "On Appeals of Individuals and Legal Entities," and other acts regulating the procedure for protecting the rights of subjects in case of refusal to register. Special attention is paid to the principles of legality, validity, and accessibility of judicial protection, as well as the practice of applying these norms by courts. The annotation reveals the key problems arising during the consideration of such cases and suggests ways to improve administrative and judicial procedures. Keywords: state registration, registration refusal, judicial appeal, administrative proceedings, administrative dispute, justice The refusal of the state registration body (or its inaction) may constitute a violation of the rights of legal entities and individuals. In such a situation, there is a need for legal protection by appealing the relevant decision or inaction in court. P.I.Kononov defines registration proceedings as the regulated by administrative procedural norms activity of competent administrative (registration) bodies on the recognition and confirmation by the state of the legal status (state) of individual property or non-property rights and obligations of individuals or legal entities, the emergence, change, and termination of the facts of belonging to these persons of INDONESIAN JOURNAL OF MODERN KNOWLEDGE AND REVIEW ISSN-L8776-0932 E-ISSN 8776-0932 IF(Impact Factor)12.57 Issue:11 Volume:11 October-2025 http://bibjournals.is-great.net/ 2 certain types of property (things) and the possibility of using them for their intended purpose, the legality of the actions performed by these persons and the decisions they make, other legal facts [1]. Legal regulation of the modern system of registration of legal entities and accounting of taxpayers represents a set of laws and subordinate regulatory legal acts that establish the rights and obligations of taxpayers - individuals and organizations and tax authorities in terms of carrying out registration and accounting actions, and formalize the procedural features of registration of legal entities and accounting of taxpayers, in particular, the forms of necessary documents and the procedure for their completion. If for a commercial organization, the purpose of the institution is to generate profit, then for a non-commercial organization, it is to satisfy certain public needs. In this sense, the difference in the procedures for registering and registering commercial and non-commercial organizations is due to the fact that the creation of a commercial organization primarily affects the private interests of its founders, while the creation of a non-commercial organization may reflect the public interests of certain public groups [2]. In the Republic of Uzbekistan, a legal mechanism for such an appeal has been established, including administrative-judicial proceedings. The Law of the Republic of Uzbekistan "On Appeals of Individuals and Legal Entities" of September 11, 2017, No. ZRU-445 regulates relations in the field of submitting appeals from citizens and legal entities to state bodies [3]. In the event that the application, complaint of a natural or legal person is satisfied by a state body, organization, and their officials who have made illegal decisions on them, the applicant who applied in court shall be compensated for losses related to the submission and consideration of the application or complaint, expenses incurred in connection with travel to the place to consider the application, complaint at the request of the relevant state body, INDONESIAN JOURNAL OF MODERN KNOWLEDGE AND REVIEW ISSN-L8776-0932 E-ISSN 8776-0932 IF(Impact Factor)12.57 Issue:11 Volume:11 October-2025 http://bibjournals.is-great.net/ 3 organization, as well as their officials, and lost earnings during this time. Moral damages may also be compensated in court. The Code of the Republic of Uzbekistan on Administrative Proceedings regulates the procedure for considering administrative cases. In particular, these norms allow appealing decisions, actions, or inaction of public authorities. Any interested person has the right to apply to the administrative court (court) for the protection of their violated or disputed rights or legally protected interests. In cases stipulated by law, the prosecutor, state bodies, and other persons have the right to apply to the court. Refusal of the right to appeal to the court is invalid [4]. Additional acts and regulations: instructions, court rulings on the practice of terminating proceedings on complaints about refusal to register or inaction. For example: a ruling stating that upon consideration of a complaint about refusal of state registration, proceedings may be terminated if the subject of the dispute is a dispute about the right. The practice of refusing to register a media outlet (as a private example) where it is explicitly stated that "the founder may appeal to the court against the decision of the registering body to refuse to register a media outlet." Refusal to register means the decision or action (or inaction) of a state body that, in accordance with the law, is obliged to register a legal entity, a media outlet, a non-profit organization, or another entity, but refuses or evades registration. Example: refusal to register a media outlet due to non-compliance of the objectives with the requirements of the legislation [5]. Violation of procedural requirements of the legislation (for example, failure to notify the applicant of the reasons for refusal, as provided for when registering the media). Decision or inaction exceeding the authority of the registration body, or non-compliance with the legal interests of the applicant. Lack of a reasoned decision to refuse or failure to notify the applicant of the possibility of eliminating the INDONESIAN JOURNAL OF MODERN KNOWLEDGE AND REVIEW ISSN-L8776-0932 E-ISSN 8776-0932 IF(Impact Factor)12.57 Issue:11 Volume:11 October-2025 http://bibjournals.is-great.net/ 4 shortcomings. Example: in case of refusal to register the NGO, it is indicated that the applicant had to send a notification indicating the grounds and the timeframe for elimination [6]. It should be noted that a court appeal is only possible if there is a violation or dispute of a person's right, freedom, or legal interest. The Code of the Republic of Uzbekistan on Administrative Proceedings stipulates that the case should be "the protection of the rights and legitimate interests of citizens and legal entities." The application shall be submitted to the administrative court at the location of the body whose actions or inaction are being appealed. It is necessary to indicate: the name of the body/official, the essence of the action (or inaction), the legal requirements of the applicant, the justification for the violation. You can simultaneously file a claim for damages if they are related to the offense being appealed. The court appeal for refusal of state registration in the Republic of Uzbekistan has a clear legal basis: the Law on Appeals of Individuals and Legal Entities, the Code of Administrative Procedure, and relevant practice. The key is the presence of a violated or disputed right, the correct choice of jurisdiction, and the timely preparation of a complaint. With competent preparation and compliance with procedural requirements, the applicant has real opportunities to restore their right or to obtain recognition of the registration authority's refusal as illegal. The administrative case is formed on the basis of documents submitted to the court by persons participating in the case and other participants in administrative proceedings, or requested by the court, as well as court and other acts drawn up on paper. The administrative case can be formed in electronic form. INDONESIAN JOURNAL OF MODERN KNOWLEDGE AND REVIEW ISSN-L8776-0932 E-ISSN 8776-0932 IF(Impact Factor)12.57 Issue:11 Volume:11 October-2025 http://bibjournals.is-great.net/ 5 When forming an administrative case in electronic form, the persons participating in the case and other participants in administrative proceedings have the right to submit to the court documents in electronic form, confirmed by their electronic digital signature. Written documents submitted to the court by the persons participating in the case and other participants in administrative proceedings are attached to the case in electronic form, after which the written documents are returned to the persons who submitted them. In the case of the formation of an administrative case in electronic form, judicial acts are confirmed by the electronic digital signature of the judge (s), and the minutes of court sessions and individual procedural actions are confirmed by the electronic digital signature of the presiding judge and the secretary of the court session. Transfer of an administrative case in electronic form to another administrative court or other body is carried out through the information system. An administrative case, formed in electronic form, may have a copy on paper. Justice in administrative cases is carried out on the basis of equality before the law and the court of citizens - regardless of gender, race, nationality, language, religion, beliefs, social origin, social status, and legal entities - regardless of their form of ownership, location, as well as other circumstances. Administrative proceedings are conducted on the basis of the active role of the court. The court, not limiting itself to explanations, statements, petitions of the persons participating in the case, the evidence they presented, and other case materials, comprehensively, fully, and objectively investigates all factual circumstances relevant to the correct resolution of the administrative case. The court, on its own initiative or at the request of the persons participating in the case, collects additional evidence, and also performs other actions aimed at INDONESIAN JOURNAL OF MODERN KNOWLEDGE AND REVIEW ISSN-L8776-0932 E-ISSN 8776-0932 IF(Impact Factor)12.57 Issue:11 Volume:11 October-2025 http://bibjournals.is-great.net/ 6 solving the tasks of administrative proceedings. Persons participating in the case are obliged to assist the court in investigating the factual circumstances of the case and in gathering evidence. The court, when considering an administrative case, is obliged to directly examine all evidence in the case. The court resolves administrative cases on the basis of the Constitution and the laws of the Republic of Uzbekistan, other legislative acts, as well as international treaties of the Republic of Uzbekistan. The court, having established during the consideration of an administrative case the non-compliance of an act of an administrative body with the law, including its adoption with exceeding authority, shall make a decision in accordance with the law. In the absence of legal norms regulating the disputed relationship, the court applies legal norms regulating similar relationships, and in the absence of such norms, the dispute is resolved based on the general principles and meaning of the laws. When considering administrative cases, all irreparable contradictions and ambiguities of legislation are interpreted in favor of citizens and legal entities. In accordance with Article 55 of the Constitution of the Republic of Uzbekistan and Article 4 of the Code of the Republic of Uzbekistan on Administrative Proceedings, an interested person, and in cases stipulated by law, the prosecutor, as well as state bodies and individual citizens authorized to act in defense of the rights and interests of other persons, have the right to apply to the court with a statement (complaint) on recognizing the decision, action (inaction) of an administrative body and its official as invalid, illegal, if they believe that this decision, action (inaction): his rights and legally protected interests have been violated; INDONESIAN JOURNAL OF MODERN KNOWLEDGE AND REVIEW ISSN-L8776-0932 E-ISSN 8776-0932 IF(Impact Factor)12.57 Issue:11 Volume:11 October-2025 http://bibjournals.is-great.net/ 7 obstacles have been created to the exercise of his rights, freedoms, and the realization of his legitimate interests; has been illegally assigned any obligation; create other obstacles to carrying out activities in a particular sphere. Courts should bear in mind that complaints against decisions, actions (inaction) of administrative bodies, including those related to: approval and permission for the placement, design, construction, reconstruction, commissioning, operation, and demolition of buildings, structures, and other objects (Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 200 of April 20, 2022 "On Approval of Unified Administrative Construction Regulations in the Field of Construction"); refusal to register public associations, including political parties, as well as the evasion of such registration by a state body within the established timeframe (part four of Article 12 of the Law of the Republic of Uzbekistan "On Public Associations in the Republic of Uzbekistan," part three of Article 9 of the Law of the Republic of Uzbekistan "On Political Parties," Article 26 of the Law of the Republic of Uzbekistan "On Non-Governmental Non-Commercial Organizations"). [7]. It should be borne in mind that when considering cases concerning appeals against decisions, actions (inaction) of administrative bodies and their officials, the court is not entitled to apply the norms of the Civil Code of the Republic of Uzbekistan on statute of limitations, and should be guided only by the terms provided for in the Code of Administrative Offenses and the laws regulating the relevant legal relations. 19. Filing an application after the deadlines established by legislative acts shall not be grounds for its return. In such cases, the application must be accepted for proceedings and considered on its merits. INDONESIAN JOURNAL OF MODERN KNOWLEDGE AND REVIEW ISSN-L8776-0932 E-ISSN 8776-0932 IF(Impact Factor)12.57 Issue:11 Volume:11 October-2025 http://bibjournals.is-great.net/ 8 The court, for each case, must ascertain whether the applicant has complied with the legally established deadlines for applying to the court, and, if these deadlines are violated, discuss the reasons for missing them, regardless of whether the interested party has referred to this circumstance. The deadline for applying to the court begins to run from the day following the day when the applicant became aware of: violation of his rights, freedoms, and legitimate interests; creation of obstacles to the exercise of his rights and freedoms; imposing any obligation on him. Since the issue of compliance with the deadline for applying to the court is a circumstance of importance for the correct resolution of the case, the conclusions on its restoration or on the refusal to restore it due to paragraph 2 of part one of Article 156 of the Code of Civil Procedure must be substantiated in the court decision. If the deadline for appealing to the court has been missed or the court has refused to restore the missed deadline, the application shall be denied. When considering a case on the merits, the court must carefully examine all relevant circumstances, in particular, clarify: Does an administrative body, official have the authority to make a decision or perform an action? In the event that the adoption or non-adoption of a decision, the commission or non-commission of an action due to a law or other normative legal act is at the discretion of the administrative body or official, the court is not entitled to assess the expediency of such a decision, the commission or non-commission of an action (for example, when appealing the inaction expressed in the non-adoption of an act on awarding a specific person); has the administrative body or official observed the procedure for making a decision, performing an action, if such requirements are established by regulatory legal acts (form, timeframe, grounds, procedure, etc.). At the same time, it should be INDONESIAN JOURNAL OF MODERN KNOWLEDGE AND REVIEW ISSN-L8776-0932 E-ISSN 8776-0932 IF(Impact Factor)12.57 Issue:11 Volume:11 October-2025 http://bibjournals.is-great.net/ 9 borne in mind that non-compliance with the procedure for making a decision, performing an action may be grounds for satisfying the application (complaint) only if this circumstance has affected its legality; does the content of the disputed decision, the committed action (inaction) comply with the requirements of the law and other regulatory legal act regulating these legal relations. The presence of at least one of the above-mentioned circumstances, indicating the illegality of the decisions made, the actions (inaction) taken, may serve as grounds for satisfying the application (complaint). The court appeal for refusal of state registration in the Republic of Uzbekistan has a clear legal basis: the Law on Appeals of Individuals and Legal Entities, the Code of Administrative Procedure, and relevant practice. The key is the presence of a violated or disputed right, the correct choice of jurisdiction, and the timely preparation of a complaint. With competent preparation and compliance with procedural requirements, the applicant has real opportunities to restore their right or to obtain recognition of the registration authority's refusal as illegal. Bibliography: 1. Кононов П. И. Административный процесс в России: проблемы теории и законодательного регулирования: монография. – Киров, 2001. – С. 81. 2. Астафьев, Д.Р., Васильева, О.Н. Правовое регулирование системы регистрации юридических лиц // Безопасность бизнеса. 2020. № 4. – С. 19-26. 3. Закон Республики Узбекистан «Об обращениях физических и юридических лиц» // https://lex.uz/docs/3336171. 4. Кодекс Республики Узбекистан об административном судопроизводстве // https://lex.uz/docs/3527365 5. Отказ в регистрации средства массовой информации // https://advice.uz/ru/document/3196.