About The Commissioners For The Protection Of The Rights Of Entrepreneurs In The Russian Federation

Original Language Title: Об уполномоченных по защите прав предпринимателей в Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW on authorized for protection of entrepreneurs ' rights in the Russian Federation adopted by the State Duma April 26, 2013 year approved by the Federation Council April 27, 2013 onwards (as amended by the federal laws of 02.11.2013 N 294-FZ;
from 28.11.2015 N 352-FZ) Article 1 1. This federal law defines legal status, main tasks and competencies of the Plenipotentiary of the President of the Russian Federation on the protection of the rights of entrepreneurs, as well as Commissioners for the protection of the rights of entrepreneurs in the constituent entities of the Russian Federation.
2. the Plenipotentiary of the President of the Russian Federation for the protection of the rights of entrepreneurs (hereinafter the Commissioner) and its working device is a public body with the right of legal entity, providing State guarantees to protect the rights and legitimate interests of subjects of entrepreneurial activity and observance of these rights by the public authorities and local self-government bodies and their officials, with current and other accounts, printing and forms with its name and with the image of the State emblem of the Russian Federation.
3. the Ombudsman shall be appointed by the President of the Russian Federation, taking into account the views of the business community for a period of five years. One and the same person may not be appointed Authorized more than two consecutive terms.
4. The authorized person is appointed, a citizen of the Russian Federation not younger than 30 years, has a higher education.
5. the Commissioner may not be a member of the Federation Council of the Federal Assembly of the Russian Federation, Deputy of the State Duma of the Federal Assembly of the Russian Federation, Deputy of the legislative (representative) body of State power of constituent entities of the Russian Federation, to engage in other paid activity, except teaching, scientific or other creative activities. The Ombudsman shall discontinue any activity that is incompatible with his status, not later than fourteen days from the date of the appointment. In its activities the Commissioner cannot be guided by the decisions of the political party or other public association, of which it is composed. (As amended by the Federal law of 02.11.2013 N 294-FZ)
6. the powers of the Commissioner can be prematurely terminated by the decision of the President of the Russian Federation.
Article 2 the main tasks of the Commissioner are: 1) the protection of the rights and legitimate interests of Russian and foreign subjects of entrepreneurial activity on the territory of the Russian Federation and Russian subjects of entrepreneurial activity on the territory of a foreign State in accordance with the legislation of the Russian Federation, international treaties of the Russian Federation, the arrangements on a reciprocal basis, the federal authorities with State authorities of foreign States, international organizations and foreign organizations;
2) monitor observance of the rights and legitimate interests of subjects of entrepreneurial activity of federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government;
3) promote the development of social institutions aimed at protecting the rights and legitimate interests of subjects of entrepreneurial activity;
4) interaction with the business community;
5) participate in the formulation and implementation of State policy in the field of entrepreneurship, protection of the rights and legitimate interests of subjects of entrepreneurial activity.
Article 3 1. The Commissioner is accountable to the President of the Russian Federation. At the end of the calendar year, the Commissioner shall send to the President of the Russian Federation on the results of its activities, including an assessment of business conditions in the Russian Federation, as well as proposals for improving the legal status, of the business entities in the part relating to the competence of the Ombudsman.
2. The annual reports of the Ombudsman shall be subject to the placement (publication) on the official website of the Ombudsman in the field of information and Telecommunications Internet and official publication in the Official Gazette.
Article 4 1. The Ombudsman examines complaints of subjects of entrepreneurial activity in the manner prescribed by the legislation of the Russian Federation, taking into account the peculiarities stipulated by this federal law, as well as the complaints procedure, the adoption of decisions on them, approved by the Commissioner.
2. the Commissioner shall adopt a decision on the complaints of the business entity (hereinafter also referred to as applicant) or of the refusal to consider a complaint within ten days from the date of its receipt, as shall notify the applicant accordingly within three days. In future, the Commissioner shall notify the applicant of the results of the implementation of measures to restore his violated rights and legitimate interests with a periodicity of at least once every two months.

3. the Commissioner shall send to the applicant a reasoned refusal to consider a complaint if the complaint indicate postal and/or e-mail address of the applicant on the following grounds: 1) the text of the complaint in writing, did not lend themselves to reading;
2) the complaint contained only an issue on which the applicant has repeatedly given the authorized substantive replies in writing in connection with the previously sent complaints and the complaint does not provide new evidence on this issue;
3) response on the merits of the complaint in question cannot be answered without divulging information that constitutes a State or other secret protected by federal law.
4. If a request addressed to the Ombudsman complaint not listed surname, name and patronymic (if any) and (or) postal or email address of the applicant, such a complaint is not subject to review.
5. on the basis of a complaint, the Ombudsman is obliged to perform one or more of the following: 1 the complainant) to clarify issues relating to their rights and legitimate interests, including the forms and ways of their protection under the legislation of the Russian Federation;
2) refer the complaint to the State authority, local self-governing body or official, the competence of which is the resolution of the complaint on its merits. Send complaint to the officer, the decision or action (inaction) of which on appeal, is prohibited;
3) to send to the public authority, local self-governing body or official in decisions or actions (inaction) of which the facts of the violation of rights and lawful interests of subjects of entrepreneurial activity, conclusion, indicating measures to restore the rights and respect for the legitimate interests of specified entities;
4) request a court to invalidate non-regulatory legal acts, recognition of unlawful decisions and actions (inactivity) of State bodies (with the exception of the procuratorial authorities, the investigative Committee of the Russian Federation, the judiciary), local authorities, other bodies, organizations with federal law, some State or other public authority, officials in case the contested normative legal act, decision and action (inaction) do not comply with the law or other normative legal act and violated rights and legitimate interests of subjects of entrepreneurial activity in the sphere of entrepreneurial activity illegally impose on them any obligations pose other obstacles to entrepreneurial activity;
5) apply to the Court for the protection of the rights and lawful interests of other persons, including persons who are subjects of entrepreneurial activity;
6) appeal entered into legal force Court acts adopted the arbitration courts in respect of the applicant, in accordance with the legislation of the Russian Federation;
7) to send to the State authorities, local governments, other bodies, organizations with federal law, some State or other public authority, of bringing the perpetrators of violations of the rights and legitimate interests of subjects of entrepreneurial activity and to disciplinary, administrative or criminal liability in accordance with the procedure established by the legislation of the Russian Federation.
6. When dealing with complaints, the Ombudsman has the right to attract experts capable of providing assistance in their full, comprehensive and objective consideration.
7. information on the outcome of complaints of subjects of entrepreneurial activity shall be subject to placement (publication) on the official website of the Ombudsman in the field of information and telecommunications network "Internet" subject to compulsory disclosure of personal data.
Article 5 1. During its consideration of the complaint, the Ombudsman shall have the right to: 1) request and receive from State authorities, local self-government bodies and officials the necessary information, documents and materials;
2) free access to State authorities, local self-government, upon presentation of i.d.;
3) in order to protect the rights of subjects of entrepreneurial activity, suspects, accused and convicted of offences under articles 159-159-6, 160 and 165 of the Criminal Code of the Russian Federation, when those crimes are committed in the sphere of entrepreneurial activity, as well as articles 171-172, 173-1-174-1, 176-178, 180, 181, 183, 185, 185-2-185-4, 190-199-2 of the Criminal Code of the Russian Federation without special permission to visit places of detention of suspects and accused persons and institutions enforcing criminal penalties in the form of deprivation of liberty;
4) with the written consent of the applicant to take part in the visiting inspection carried out by the applicant under the State control (supervision) or municipal control;

5) simultaneously against the justiciability of non-regulatory legal acts of local self-government bodies, which violate the rights and lawful interests of subjects of entrepreneurial activity, subject to immediate execution in the manner prescribed by the legislation of the Russian Federation on general principles of organization of local self-government provisions to suspend their action until the entry into force of a court decision rendered by the results of the examination of the application. (As amended by the Federal law of 02.11.2013 N 294-FZ)
2. managers and other officials of State bodies, local self-government bodies are obliged to provide reception, send the Ombudsman a written response to the appeal of the Commissioner, as well as provide the Commissioner requested information, documents and materials in a period not exceeding fifteen days from the date of receipt of the relevant application. At the request of the Commissioner shall be sent under the signature of the officer to whom it was addressed directly.
3. For the purposes of consideration of applications of the authorized organs of the Procurator's Office, law enforcement agencies, public authorities, on the initiative of the Commissioner may establish working groups.
Article 6 in order to perform certain tasks by this federal law, the Ombudsman shall have the right to: 1) to the President of the Russian Federation, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the legislative (representative) organs of State power of the constituent entities of the Russian Federation, other State authorities, local self-government proposal to adopt normative legal acts (amending the regulatory legal acts or declaring them null and void) within the scope of Authorized activities;
2) to the President of the Russian Federation proposals to suspend motivated acts of the executive authorities of the constituent entities of the Russian Federation in case of contradiction between these acts to the Constitution of the Russian Federation and federal laws, the international obligations of the Russian Federation or the violation of the rights and legitimate interests of subjects of entrepreneurial activity to address this issue, the relevant court;
3) to the President of the Russian Federation motivated proposals to abolish the decrees and orders of the Government of the Russian Federation in case of contradiction of the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation;
4) sent to the Government of the Russian Federation is motivated proposals repealing or suspending Federal Executive Body adopted normative legal act or its individual provisions unduly impede business, including investment activities;
5) direct the highest authority of the Russian Federation (the head of the Supreme executive body of State power of the constituent entities of the Russian Federation) motivated proposals to abolish or suspend the acts of the executive authorities of the constituent entities of the Russian Federation (in case the relevant powers provided for by the Constitution (the Charter) of the Russian Federation);
6) giving opinions on draft regulatory legal acts affecting the rights and legitimate interests of business entities that are mandatory for consideration by the Government of the Russian Federation, federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government. The conclusion of the Ombudsman must be notified in writing in a period not exceeding thirty (30) days from the date of receipt of the opinion;
7) to bodies and persons having the right to appeal to the Constitutional Court of the Russian Federation, motivated by proposals in the part relating to the competence of the Commissioner to apply to the Constitutional Court of the Russian Federation according to the Constitution of the Russian Federation, federal laws, regulatory acts of the President of the Russian Federation, the Government of the Russian Federation, laws and other normative acts of the constituent entities of the Russian Federation issued on matters pertaining to the State authorities of the Russian Federation and the joint responsibility of the State authorities of the Russian Federation and bodies of State power of the constituent entities of the Russian Federation contracts between the State bodies of the Russian Federation and State Government bodies of constituent entities of the Russian Federation, contracts between the State authorities of the constituent entities of the Russian Federation, has not entered into force international agreements of the Russian Federation.
Article 7 1. The Commissioner may appoint public representatives acting on a voluntary basis.

2. public representatives Authorized exercise of Executive and expert functions.
3. the Ombudsman within its competence coordinates the interaction with State authorities, local self-government bodies, authorized representatives of the President of the Russian Federation in the Federal districts, investment authorized in the Federal districts and other persons.
4. the Commissioner may create expert, advisory and community councils, working groups and other deliberative bodies acting on a voluntary basis, and to bring to their activities of representatives of State authorities, local self-government bodies, the business community, non-governmental organizations.
5. the Commissioner may establish on the territory of the Russian Federation, public reception, providing entrepreneurs with advice on matters within the competence of the Ombudsman.
Article 8 1. Spot permanently Authorized is the city of Moscow.
2. financial and logistics activity is carried out by the Office of the Plenipotentiary of the President of the Russian Federation at the expense of the federal budget. In the annual federal budget provides for a separate line of funds necessary for the activities of the Commissioner and his staff. (As amended by the federal laws of 02.11.2013 N 294-FZ; 28.11.2015 N 352-FZ) 2-1. The Commissioner sets the size and staffing of its staff, approves staff structure, it and its structural subdivisions and directly manages its work. (Part is supplemented by federal law from 02.11.2013 N 294-FZ) 2-2. On issues related to the leadership of the working machine, the Commissioner shall issue orders and instructions. (Part is supplemented by federal law from 02.11.2013 N 294-FZ)

3. information on the activities of the Ombudsman, including the procedure for filing complaints and taking decisions on it, is placed on the official website of the Ombudsman in the field of information and telecommunications network "Internet".
Article 9 1. The law of the Russian Federation could be established the post of Commissioner for the protection of the rights of entrepreneurs in the constituent entities of the Russian Federation (hereinafter referred to as authorized in the constituent entities of the Russian Federation), which is the public office of the Russian Federation.
2. the Commissioner in the constituent entities of the Russian Federation carries out its activities within the boundaries of the territory of the Russian Federation.
3. the legal status, main tasks and competence of the Ombudsman in the constituent entities of the Russian Federation shall be defined by the law of the Russian Federation, subject to the provisions of this federal law.
4. the appointment of a candidate for the post of Commissioner in the constituent entities of the Russian Federation shall be exercised in the manner prescribed by the law of the Russian Federation, in consultation with the designated taking into account the views of the business community.
5. Authorized in the constituent entities of the Russian Federation may not replace the public office of the Russian Federation, other public office of constituent entities of the Russian Federation, the State civil service posts and positions of municipal service. (As amended by the Federal law of 02.11.2013 N 294-FZ)
6. Premature termination of the powers of the Ombudsman in the constituent entities of the Russian Federation shall be exercised in the manner prescribed by the law of the Russian Federation, upon the submission of the Commissioner or with his consent.
7. The activities of the Ombudsman in the constituent entities of the Russian Federation is financed from the budget of the relevant constituent entity of the Russian Federation.
Article 10 1. Authorized in the constituent entities of the Russian Federation shall consider complaints from business entities registered in authority exercising State registration on the territory of the Russian Federation, and complaints of subjects of entrepreneurial activity, rights and legitimate interests have been violated in the territory of the Russian Federation (hereinafter also referred to as applicant), decisions or actions (inaction) of bodies of State power of constituent entities of the Russian Federation, territorial bodies of the federal executive authorities in the constituent entities of the Russian Federation local authorities and other bodies and organizations with federal law, some State or other public authority officials that violate the rights and lawful interests of subjects of entrepreneurial activity.

2. A complaint on the same issue by the authorized operating in different regions of the Russian Federation shall not be permitted. If, after the adoption of a complaint for consideration by the authorized in the constituent entities of the Russian Federation it is found that a similar complaint is already authorized in other constituent entities of the Russian Federation, the complaint is left without further consideration and having it returned to the subject of entrepreneurial activity.
3. in carrying out its activities authorized in the constituent entities of the Russian Federation shall have the right to: 1) request and receive from State authorities, local self-government bodies and officials the necessary information, documents and materials;
2) apply to the Court for invalidation of non-regulatory legal acts, recognition of unlawful decisions and actions (inaction) of bodies of State power of constituent entities of the Russian Federation, bodies of local self-government, other bodies, organizations with federal law, some State or other public authority, officials in case the contested normative legal act, decision and action (inaction) do not comply with the law or other normative legal act and violated rights and legitimate interests of subjects of entrepreneurial activity in the sphere of entrepreneurial activity illegally impose on them any obligations pose other obstacles to entrepreneurial activity;
3) sent to the State authorities of the constituent entities of the Russian Federation, bodies of local self-government motivated proposals for normative legal acts (amending the regulatory legal acts or declaring them null and void) relating to the activities of the Plenipotentiary in the constituent entities of the Russian Federation;
4) direct the highest authority of the Russian Federation (the head of the Supreme executive body of State power of the constituent entities of the Russian Federation) motivated proposals to abolish or suspend acts of executive authorities of the constituent entities of the Russian Federation;
5) taken with the written consent of the applicant to participate in the visiting inspection carried out by the applicant under the State control (supervision) or municipal control;
6) to carry out other actions in the framework of its competence, in accordance with federal laws and laws of constituent entities of the Russian Federation.
4. Authorized in the constituent entities of the Russian Federation within the framework of its competence, cooperates with State authorities, local self-government bodies, authorized representatives of the President of the Russian Federation in the Federal districts, investment authorized in the Federal districts and other persons.
5. managers and other officials of the organs of State power of constituent entities of the Russian Federation, territorial bodies of the federal executive authorities in the constituent entities of the Russian Federation, local authorities are obliged to ensure the reception of the Commissioner in the constituent entities of the Russian Federation, as well as to provide him with the requested information, documents and materials in a period not exceeding fifteen days from the date of receipt of the relevant application. At the request of the Commissioner in the constituent entities of the Russian Federation shall be sent under the signature of the officer to whom it was addressed directly.
6. at the end of the calendar year in the constituent entities of the Russian Federation Ombudsman directs the Ombudsman informed about the results of its activities with the assessment of business conditions in the constituent entities of the Russian Federation and suggestions on improving the legal status of subjects of entrepreneurial activity.
Article 11 1. This federal law shall enter into force on the day of its official publication, except for part 2 of article 1 of the present Federal law.
2. Part 2 of article 1 of this federal law shall enter into force from January 1, 2015 year. (As amended by the Federal law of 02.11.2013 N 294-FZ)
3. the Commissioner within thirty days from the date of entry into force of this federal law approves the complaint, take action on them.
The President of the Russian Federation v. Putin in Moscow, the Kremlin May 7, 2013 year N 78-FZ

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