Title of the article

Concept of the Commissioner for Entrepreneurs’ Rights and prospects of its development in the Russian Federation

 Authors 

Evgeniya B. Kazakova — Candidate of Law, Associate Professor, Head of the Sub-department of Private and Public Law, Penza State University, 40 Krasnaya street, Penza, 440026, Russia, 1-janni@list.ru

 Category 

PUBLIC LEGAL (STATE LEGAL) SCIENCES

Year,.Volume, Number 

2022, Vol. 10, № 4 (40)

 Pages 

52-59

 Article type 

Original article

 Index UDK 

34

 DOI 

10.21685/2307-9525-2022-10-4-6

 Abstract 

Background. The emergence in the Russian Federation of a new legal institution, namely the Commissioner for Entrepreneurs’ Rights under the President of the Russian Federation (or the Business Ombudsman), actualizes the need for scientific analysis and conceptual understanding of its constitutional and legal status. Nowadays, it is particularly relevant to explore the characteristics of the legal status of the Commissioner for Entrepreneurs’ Rights under the President of the Russian Federation, to identify the shortcomings in its legal regulation and to develop the proposals for improving legislation. The aim of this study is to comprehensively analyze the activity of the Commissioner for Entrepreneurs’ Rights and to outline the proposals for the further development and improvement of this institution in the Russian Federation. Materials and methods. The method of analysis and synthesis is used, which allows studying the essence of the legal status and considering its elements in relation to the Commissioner for Entrepreneurs’ Rights. The formal legal method makes it possible to analyze the structure and content of the Russian legal framework in the declared area and to formulate the conclusions. Results. The article examines the prerequisites for the emergence of the institution of the Commissioner for Entrepreneurs’ Rights, explores the current legislation concerning the constitutional and legal status of the Commissioner, studies the annual reports to the President on the activity of the Commissioner, as well as analyzes the opinions of scientists on the issues under consideration and shows the prospects for the development of this legal institution. Conclusions. As a result of the conducted research, the author concludes that the constitutional and legal status of the Commissioner for Entrepreneurs’ Rights needs to be further developed and improved. There are a number of issues that should to be resolved at the legislative level. However, at the same time, it can be stated with confidence that the Commissioner for Entrepreneurs’ Rights is an important and relevant state body for the modern constitutional and legal development of the Russian Federation. The results of the study can be useful in teaching and learning when studying the constitutional and legal status of the Commissioner for Entrepreneurs’ Rights, as well as for law enforcement and legislative bodies in terms of im-proving both federal and regional legislation.

 Keywords 

entrepreneurs, business community, Commissioner for Entrepreneurs’ Rights, business ombudsman, constitutional and legal status, development prospects

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References

1. Gorbachev A.P. Specialization of the Institute of the Commissioner for Human Rights in the Russian Federation (case study of the Commissioner for Entrepreneurs’ Rights). PhD abstract. Belgorod, 2015:22. (In Russ.)
2. Popolitov D.I., Synkov V.V. Concept of the Commissioner for Entrepreneurs’ Rights in the Russian Federation: Analysis of Efficiency. Biznes i obshchestvo = Business and Society. 2020;(4):7. (In Russ.)
3. Fadeeva V.A. Constitutional and Legal Status of the Commissioner for Entrepreneurs’ Rights under the President of the Russian Federation. PhD dissertation. Saratov, 2016:193. (In Russ.)
4. Fadeeva V.A. Constitutional Nature of the Commissioner for Entrepreneurs’ Rights in the Russian Federation. Leningradskiy yuridicheskiy zhurnal = Leningrad Journal of Law. 2014;(3):104–109. (In Russ.)
5. Tkachenko G.K. Prospects for Improving the Ways of Legal Protection of Small and Medium-Sized Businesses. Molodoy uchenyy = Young Scientist. 2021;(42):123–126. (In Russ.)
6. Abakumova E.B. Practical Aspects of the Functioning of the Commissioners for Entrepreneurs’ Rights in the Russian Federation. Part II. Pravo i ekonomika = Law and Economy. 2018;(7):9–16. (In Russ.)
7. Fadeeva V.A. Concept of the Ombudsman for Entrepreneurs’ Rights in the Russian Federation. Izvestiya Saratovskogo universiteta. Novaya Seriya. Ser.: Ekonomika. Upravlenie. Pravo = Bulletin of Saratov University. New series. Ser.: Economy. Management. Law. 2013;13(4-2):729–734. (In Russ.)
8. Gayfutdinova R.Z., Yaminova L.R. Activity of the Commissioner for Entrepreneurs’ Rights in the Russian Federation: Problems of Theory and Practice. Sotsialno-ekonomicheskie i tekhnicheskie sistemy: issledovanie, proektirovanie, optimizatsiya = Socio-Economic and Technical Systems: Research, Design, Optimization. 2019;(2):59–66. (In Russ.)
9. Talalaev N.S., Mitin D.V. Commissioner for Entrepreneurs’ Rights in the Russian Federation (Constitutional and Legal Research). Tendentsii razvitiya nauki i obrazovaniya = Trends in the Development of Science and Education. 2020;(59-5):45–47. (In Russ.)
10. Salokhidinova S.M. Commissioner for Entrepreneurs’ Rights. Pravovaya zhizn = Legal Life. 2015;(3):60–70. (In Russ.)
11. Fadeeva V.A. Some Aspects of the Constitutional and Legal Status of the Commissioner for Entrepreneurs’ Rights in Russia. Vestnik Universiteta imeni O.E. Kutafina (MGYuA) = Bulletin of O. E. Kutafin University (MSAL). 2021;(4):230–235. (In Russ.)
12. Kulishenko E.A. Constitutional and Legal Transformations of the Commissioner for Human Rights in Russia. PhD abstract. Belgorod, 2021:23. (In Russ.)
13. Larina K.S. On the Legal Nature of the Commissioner for Entrepreneurs’ Rights in the Russian Federation. Elektronnyy nauchnyy zhurnal «Nauka. Obshchestvo. Gosudarstvo» = Electronic scientific journal "Science. Society. State". 2017;(1):141–147. (In Russ.)

For citation

Kazakova E.B. Concept of the Commissioner for Entrepreneurs’ Rights and prospects of its development in the Russian Federation. Elektronnyy nauchnyy zhurnal "Nauka. Obshchestvo. Gosudarstvo" = Electronic scientific journal "Science. Society. State". 2022;10(4):52–59. (In Russ.). doi:10.21685/2307-9525-2022-10-4-6