Наукові категорії «альтернативне оскарження» та «адміністративне оскарження» в контексті оскарження у сфері державної реєстрації
“Alternative Appeal” and “Administrative Appeal” as Scientific Categories in the Context of State Registration Appealing Procedure

Summary/Abstract: The article deals with categories of “alternative appeal” and “administrative ap-peal” in domestic and foreign legal doctrine, as well as under the prism of theappealing procedure in the field of state registration. The author emphasizesthat etymologically the problem is to determine the legal nature of the pro-cedure for appealing against decisions, actions or inaction in the field of stateregistration of real estate and business: whether it is alternative, administrativeor mixed. The researcher comprehensively uses the methods of comparativelaw and philology, so this research is intersectoral and interdisciplinary. Thearticle also analyzes the general state of modern jurisprudence’s categoricalapparatus by studying some scientific definitions of “alternative appeal” and“administrative appeal” terms to determine the essence of an out-of-court ap-peal in the field of state registration procedure. The author explores differentinterpretations of such a term as “alternative appeal” in the institutional contextof administrative law and administrative process. The scientific paper notes theexistence of scientific concepts on the synonymy of such terms as “alternativeappeal”, “extrajudicial appeal”, “pre-trial appeal”, “non-traditional appeal”. Theresearcher considers some scientific interpretations of administrative appeal inthe context of Ukrainian system of administrative services’ historical and socialreforming. The article also lists the basic principles of an out-of-court appealingprocedure in the field of state registration as well as it has signs of alternativeand administrative appeal mechanisms. There is information about the com-petence and positive features of special advisory structures of the Ministry ofJustice of Ukraine and its territorial offices – boards that consider complaintsagainst illegal decisions, actions or inaction of administrative service providersin the field of state registration. The author summarizes that the procedure forappealing against decisions, actions or inaction of state registrars is extrajudicial, administrative and alternative (alternative to litigation).

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