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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 entrepreneurs in Russian Federation adopted by the State Duma on April 26, 2013 Approved by the Federation Council on April 27, 2013 02.11.2013 N 294-FZ , 28.11.2015 N 352-FZ Article 1 1. This Federal Law defines the legal position, the main tasks and competence of the Presidential Commissioner for the Protection of Entrepreneurs 'Rights, as well as the Ombudsman's Commissioners for the Protection of Entrepreneurs' Rights in the Russian Federation. THE RUSSIAN FEDERATION 2. The Commissioner of the President of the Russian Federation for the Protection of Entrepreneurs ' Rights (hereinafter referred to as the Commissioner) and his working apparatus is a public body with the right of a legal entity providing guarantees of the State protection of rights and lawful rights. the interests of business entities and the observance of these rights by state authorities, local authorities and officials having a design and other account, printing and stationery with their name and with of the Russian Federation. 3. The Commissioner is appointed by the President of the Russian Federation, taking into account the views of the business community for a period of five years. The same person may not be appointed for more than two consecutive terms. 4. The Commissioner is a citizen of the Russian Federation who is not less than 30 years of age who has higher education. 5. The Commissioner may not be a member of the Federation Council of the Federal Assembly of the Russian Federation, a member of the State Duma of the Federal Assembly of the Russian Federation, a member of the legislature (representative) of the State OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Ombudsman is obliged to cease activities incompatible with his or her status, not later than fourteen days from the date of appointment. In his activities, the Commissioner may not be guided by the decisions of a political party or other public association of which he is a member. (In the wording of Federal Law of 02.11.2013) N 294-FZ) 6. The powers of the Commissioner may be terminated early on the decision of the President of the Russian Federation. Article 2 The main tasks of the Commissioner are: 1) protection of the rights and legitimate interests of Russian and foreign business entities in the Russian Federation and the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION the State authorities with the State organs of foreign States, international and foreign organizations; 2) to monitor the observance of the rights and legitimate interests of business entities by the federal executive authorities, the executive authorities of the entities Russian Federation, local authorities; 3) promoting the development of public institutions oriented to the protection of the rights and legitimate interests of business entities; 4) interaction with the business community; 5) participation in the Formation and implementation of state policy in the field of entrepreneurship development, protection of rights and legitimate interests of business entities. Article 3 1. The Commissioner reports to the President of the Russian Federation. At the end of the calendar year, the Commissioner sends a report to the President of the Russian Federation on the results of his activities, including an assessment of the conditions for doing business in the Russian Federation, as well as the assessment of the situation in the Russian Federation. Proposals to improve the legal position of business entities within the competence of the Commissioner. 2. The Commissioner's annual reports are to be published on the official website of the Commissioner in the Internet Information and Telecommunications Network and officially published in the Rossiya Gazeta. Article 4 1. The Commissioner examines complaints from business entities in accordance with the procedure established by the legislation of the Russian Federation, taking into account the circumstances provided by this Federal Law and the procedure for filing and consideration Complaints, decisions on them, approved by the Commissioner. 2. The Commissioner decides whether to accept a complaint from a business entity (hereinafter referred to as the applicant) for consideration or refusal of a complaint to be considered within ten days from the date of receipt of the complaint, as notified by the complainant at the time of the complaint. for three days. The Commissioner further notifies the complainant of the results of the measures for the restoration of his violated rights and legitimate interests at intervals of not more than once every two months. 3. The Commissioner sends the complainant a reasoned refusal to accept the complaint, if the complaint is to indicate the applicant's mail and/or e-mail address on the following grounds: (1) the written communication Form, cannot be read; 2) the complaint only contains the question to which the complainant has been repeatedly given a written record by the Ombudsperson in relation to previous complaints, and there is no complaint new circumstances on this issue; 3) the answer on the merits The question raised in the complaint cannot be made without disclosure of information constituting a State or other secret protected by federal law. 4. In the event that the name, surname, patronymic (if any) and the postal or electronic address of the applicant are not given in the complaint to the Commissioner, the complaint is not subject to review. 5. As a result of the complaint, the Commissioner is under an obligation to carry out one or more of the following actions: 1) to explain to the complainant questions relating to his rights and legitimate interests, including the forms and modes of protection provided for in the complaint. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Directing the complaint to an official, decision or action (inaction) of which is to be appealed, is prohibited; 3) to be referred to a public authority, a local authority or an official, in decisions or The actions (omissions) of which are considered to be a violation of the rights and legitimate interests of business entities, the conclusion of measures to restore rights and respect for the legitimate interests of those entities; 4) apply to the court with a declaration of inoperative legal of acts, recognition of unlawful decisions and actions (inaction) of the public authorities (except for the procuratorial bodies, the Investigative Committee of the Russian Federation, the judiciary), local authorities, other bodies and organizations, vested with federal law by individual public or other public powers, officials in the event that the contested legal act, decision and action (inaction) are not in conformity with the law or other regulatory legal framework of the rights and legitimate interests of the business activities in the sphere of entrepreneurial activity, illegally impose duties on them, create other obstacles to business activity; 5) to sue for protection The rights and legitimate interests of other persons, including groups of persons who are business entities; 6) to appeal against the legal acts of arbitral tribunals that have entered into force in respect of the applicant, in the order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION (a) To submit to the public authorities, local authorities, other bodies, organizations empowered by federal law with separate public or other public powers, petition for the involvement of those responsible for the violation of rights and the legitimate interests of business entities, disciplinary, administrative or criminal liability in accordance with the procedure established by the law of the Russian Federation. 6. In considering complaints, the Ombudsman is entitled to involve experts who can assist in their full, comprehensive and objective consideration. 7. Information on the results of the processing of complaints by business entities is to be published on the official website of the Commissioner in the Internet Information and Telecommunications Network (ITT), provided that it is mandatory to disqualify personal data. Article 5 1. During the examination of the complaint, the Commissioner is entitled: 1) to request and receive from the public authorities, local authorities and officials the necessary information, documents and materials; (2) to visit the public authorities, local authorities on the production of a service permit; 3) to protect the rights of business entities, suspects, accused persons and convicted persons offences under articles 159-159-6, 160 and 165 Criminal Code of the Russian Federationif these crimes were committed in the sphere of entrepreneurial activity, as well as articles 171-172, 173-174-1, 176-178, 180, 181, 183, 185, 185-2-185-4, 190-199-2 Criminal Code of the Russian Federation, without special permission to visit places of detention under of suspects and accused persons and institutions, In the form of deprivation of liberty; 4) to accept, with the written consent of the applicant, participation in a field inspection carried out against the applicant in the context of State control (supervision) or municipal control; 5) simultaneously with judicial review of abnormal legal acts of local self-government bodies violating the rights and legitimate interests of business entities, to carry out of immediate enforcement in accordance with the law of the Russian Federation The Federation on the general principles of the organization of local self-government, orders to suspend their activity until the entry into force of the court act resulting from the consideration of the Ombudsman's application. (...) (...) N 294-FZ) 2. The heads and other officials of the public authorities and local self-government bodies are obliged to ensure the reception of the Ombudsman, to send a reply in writing to the Ombudsman and to provide the Ombudsman with a reply. the requested information, documents and materials within a period not exceeding fifteen days from the date of receipt of the relevant appeal. The reply to the Ombudsman's appeal is sent to the official to whom it was directly addressed. 3. In order to consider complaints from the Public Prosecutor's Office, law enforcement agencies, the public authorities at the initiative of the Ombudsman may set up working groups. Article 6 In order to fulfil the tasks set by this Federal Law, the Commissioner is entitled: 1) to send to the President of the Russian Federation, members of the Federation Council of the Federal Assembly of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION authorities, local authorities ' proposals for the adoption of regulations (o) Legal acts (amending or invalidation of legal acts) within the scope of the Commissioner's activities; 2) sending reasoned proposals to the President of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION the legitimate interests of business entities of the relevant court; 3) to send a reasoned proposal to the President of the Russian Federation to cancel the decisions and orders of the Government of the Russian Federation in the event of their contradiction with the Constitution of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION of a legal act or its separate provisions, without justification which make it difficult to conduct business, including investment, activities; 5), to send to the highest official of the constituent entity of the Russian Federation (the head of the highest executive organ of the State authority) OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION); 6) Legal acts affecting the rights and legitimate interests of business entities that are binding on the Government of the Russian Federation, the federal executive authorities and the executive branch THE RUSSIAN FEDERATION The results of the review shall be communicated to the Commissioner in writing within a period not exceeding thirty days from the date of the receipt of the opinion; 7) to send to the authorities and persons entitled to be consulted in the proceedings. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION of the Russian Federation Article 7 1. The Ombudsman has the right to appoint public representatives acting on a voluntary basis. 2. Representatives of the Ombudsman carry out representative and expert functions. 3. The Commissioner carries out interaction with the state authorities, local self-government bodies, plenipotentiary representatives of the President of the Russian Federation in federal districts and investment commissioners. in federal districts and other persons. 4. The Ombudsman has the right to establish expert, advisory and public councils, working groups and other advisory bodies acting on a voluntary basis and to involve representatives of the State authorities in their activities. the local authorities, the business community and public organizations. 5. The Commissioner has the right to create public reception centres on the territory of the Russian Federation, providing business entities with advice on matters within the competence of the Commissioner. Article 8 1. The permanent residence of the Commissioner is the city of Moscow. 2. Financial and logistical support for the Commissioner's activities is carried out by the Office of the President of the Russian Federation at the expense of the federal budget. In the federal budget annually provides a separate line of funds to support the activities of the Commissioner and his working apparatus. (...) (...) N 294-FZ; of 28.11.2015 N 352-FZ) 2-1. The Commissioner establishes the size and staffing of his office, approves the structure of the working apparatus, the provision of it and its structural units, and directly supervises its work. (Part of the addition is the Federal Law of February 2, 2013. N 294-FZ)2-2. On matters related to the administration of the working apparatus, the Commissioner issues orders and orders. (Part of the addition is the Federal Law of February 2, 2013. N 294-FZ 3. Information on the activities of the Ombudsman, including the procedure for the filing and consideration of complaints, is placed on the official website of the Commissioner in the Internet Information and Telecommunications Network. Article 9 1. The law of the constituent entity of the Russian Federation may establish a position of Commissioner for the protection of the rights of entrepreneurs in the constituent entity of the Russian Federation (hereinafter referred to as the Commissioner in the constituent entity of the Russian Federation), which is a public office of the Russian Federation 2. The Commissioner in the constituent entity of the Russian Federation carries out its activities within the boundaries of the territory of the relevant subject of the Russian Federation. 3. The legal status, basic tasks and competence of the Commissioner in the constituent entity of the Russian Federation shall be established by the law of the constituent entity of the Russian Federation, subject to the provisions of this Federal Act. 4. The appointment of a candidate for the post of Commissioner in the constituent entity of the Russian Federation shall be carried out in accordance with the procedure established by the law of the constituent entity of the Russian Federation, in consultation with the Commissioner, taking into account the views of the business community. 5. The Commissioner in the constituent entity of the Russian Federation does not have the right to replace the State posts of the Russian Federation, the State posts of the constituent entities of the Russian Federation, the civil service and the posts of the State Civil Service. Municipal service posts. (In the wording of Federal Law of 02.11.2013) N 294-FZ) 6. The early termination of the powers of the Commissioner in the constituent entity of the Russian Federation shall be carried out in accordance with the procedure established by the law of the constituent entity of the Russian Federation, either upon the Commissioner's submission or with his or her consent. 7. The financial support for the activities of the Commissioner in the constituent entity of the Russian Federation is provided from the budget of the relevant entity of the Russian Federation. Article 10 1. The Commissioner in the constituent entity of the Russian Federation considers complaints by business entities registered in the State registration authority in the territory of the respective constituent entity of the Russian Federation and complaints Business entities whose rights and lawful interests have been violated in the territory of the relevant constituent entity of the Russian Federation (hereinafter referred to as "petitioners"), to decisions or actions (inaction) of the public authorities of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION violating the rights and legitimate interests of business entities. 2. It is not permitted to submit a complaint on the same question to the authorized persons conducting their activities in different subjects of the Russian Federation. In the event that after the complaint has been submitted to the competent authority in the constituent entity of the Russian Federation, it will be established that a similar complaint is already being considered by the Commissioner in another constituent entity of the Russian Federation, and the complaint is left without further appeal. Review and return to the subject of business activity. 3. In carrying out his activities, the authorized person in the constituent entity of the Russian Federation has the right: 1) to request and receive information, documents and information from the public authorities, local authorities and officials. materials; 2) to apply to the court for the annulment of deviating legal acts, the recognition of unlawful decisions and actions (inaction) of the State authorities of the constituent entity of the Russian Federation, Governments, other bodies, organizations with federal by law, by separate public or other public powers, officials in the event that the challenged legal act, decision and action (inaction) are not in accordance with the law or other normative legal act and violate rights and the legitimate interests of business entities in the sphere of business activity, illegally impose duties on them, create other obstacles to doing business; 3) of the Russian Federation Federations, local authorities motivated proposals for the adoption of regulatory legal acts (amending or recognizing them as being void) within the scope of the authorized person in the subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION Suspension of acts of executive bodies of the relevant constituent entity of the Russian Federation; 5) to accept, with the written consent of the applicant, participation in a field inspection carried out against the applicant in the context of State control (supervision) or municipal control; " (6) To take other actions within the scope of its competence in accordance with federal laws and the laws of the constituent entity of the Russian Federation. 4. The Commissioner in the constituent entity of the Russian Federation, in the framework of his/her competence, interacts with the State authorities, the local self-government bodies, the plenipotentiary representatives of the President of the Russian Federation in the federal districts, Investment Commissioners in the federal districts and other persons. 5. The heads and other officials of the State authorities of the constituent entities of the Russian Federation, the territorial bodies of the federal executive authorities in the constituent entity of the Russian Federation and the local self-government bodies are obliged to provide the reception in the constituent entity of the Russian Federation, as well as to provide it with the requested information, documents and materials within a period not exceeding fifteen days from the date of receipt of the relevant appeal. The reply to the Commissioner's appeal in the constituent entity of the Russian Federation shall be sent for the signature of the official to whom it was directly addressed. 6. At the end of the calendar year, the Commissioner in the constituent entity of the Russian Federation sends information to the Commissioner on the results of his activities with an assessment of the conditions of doing business in the constituent entity of the Russian Federation; and Proposals to improve the legal position of business entities. Article 11 1. This Federal Act shall enter into force on the date of its official publication, with the exception of article 1, paragraph 2, of this Federal Act. 2. Part 2 of Article 1 of this Federal Law comes into force from 1 January 2015. (In the wording of Federal Law 02.11.2013 N 294-FZ) 3. The Commissioner shall, within thirty days of the date of the entry into force of this Federal Law, approve the procedure for the submission and consideration of complaints and the taking of decisions thereon. President of the Russian Federation Vladimir Putin Moscow, Kremlin on May 7, 2013 N 78-FZ