Refusals of Public Authorities to Participants in Civil Law Relations

The article analyzes the problems associated with the refusals of public authorities to requests of participants in civil law relations. The significance of civil studies of this problem is argued. It is proposed to distinguish two types of refusals of public authorities to participants of civil relations: refusals to perform legal actions and refusals to perform actual actions. The consequence of the first ones will be the non-occurrence of civil legal relations (legal fact, object, legal personality), the consequence of the second – the possibility of committed actions qualification by subjects of civil law as unlawful. Legal nature of refusal of public authorities to participants of civil law relations is analyzed. The author concludes that it is impossible to qualify such refusals as unilateral transactions, despite the fact that these actions give rise to civil law consequences, proposes to characterize these types of refusals as a special category – a legal obligation, pays attention to the need to clarify terminology and to distinguish between the concepts «issuing consents» and «issuing authorizations». The issues related to contestation of public authorities’ refusals are examined. The author concludes that such refusals affect the focus and the course of the enforcement process in private law, and therefore this technical and legal method is subject to further study in the framework of civic studies.