CURRENT ISSUES OF THE PRACTICE OF RECOGNIZING THE REGISTRATION OF LEGAL ENTITIES AS INVALID IN THE REPUBLIC OF KAZAKHSTAN AND FOREIGN COUNTRIES

Abstract

In recent years, the country has developed the practice of «simplified» liquidation of legal entities, carried out on the basis of lawsuits by state revenue agencies. Carrying out the liquidation procedure by invalidating the registration of a legal entity entails the impossibility of collecting debts under contracts with such a legal entity, due to the fact that the legal entity whose registration is recognized as invalid disappears from civil circulation despite the fact that since its registration, a mass of transactions of a civil nature has been concluded for millions of turns. This practice leads to a gross violation of the rights and legitimate interests of business entities, creates a serious threat to their property rights, undermines trust in government and management institutions, which ultimately affects the country's economy as a whole. The article discusses the main provisions of the current legislation and the practice of its implementation in the field of termination of the activities of legal entities on the basis of invalidation of registration. The procedure for initiating the termination of the activities of legal entities by state bodies, as well as the legality and expediency of this procedure, is being studied. In some countries, the rights of creditors and their protection are one of the main tasks of legislation in the liquidation of a legal entity. The analysis of foreign experience regarding the procedure for terminating the activities of legal entities is carried out, on the basis of which the authors propose to improve this mechanism by applying the institutions available in national legislation. This allows you to comply with the specifics of current legislation and make gentle changes to the existing procedure for compulsory liquidation of a legal entity.