Development, Legal Regulation, and Prospects of the Business Protection Institution in the Russian Federation

This article provides a comprehensive legal analysis of the institution of Commissioners for the Protection of Entrepreneurs’ Rights (the institution of business protection), which has been operating in the Russian Federation for more than ten years. The establishment of this institution was primarily driven by the need to support entrepreneurs who frequently encountered unjustified administrative barriers, excessive bureaucratic pressure, corrupt practices by officials, unlawful corporate raiding, and unlawful criminal prosecution. Today, this institution constitutes a fully established specialized humanrights mechanism operating at both federal and regional levels and serving as an important state guarantee of citizens’ constitutional right to freely use their abilities and property for entrepreneurial activity. Entrepreneurs may submit appeals (complaints, applications, proposals) to representatives of the business protection institution, which are promptly reviewed in accordance with Federal Law No. 78-FZ of 7 May 2013 “On Commissioners for the Protection of Entrepreneurs’ Rights in the Russian Federation.” In exercising their competence, Commissioners interact with various state authorities and local self-government bodies, as well as with plenipotentiary representatives of the President of the Russian Federation in federal districts and other officials. Practice shows that the existing legal framework governing federal and regional business ombudsmen is not yet sufficiently developed and requires certain adjustments. The author summarizes the results achieved by this human-rights institution in protecting entrepreneurs’ rights and legitimate interests, describes mechanisms for exercising ombudsmen’s powers, identifies regulatory gaps concerning their status, and formulates substantiated proposals for improving current legislation.Particular attention is paid to the legal status of the Commissioner for the Protection of Entrepreneurs’ Rights in the Omsk Region and to the individualized results of the regional institution’s activities. 

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