A draft law expanding the rights of federal and regional business ombudsmen submitted to the State Duma

29th April 2014

The legislative initiative is aimed at improving the institute of the Commissioner for Entrepreneurs' Rights Protection and ensuring the functioning of the institute in all subjects of the Russian Federation

The draft law № 509712-6 “On Amendments to the Federal Law “On the Commissioners for Entrepreneurs' Rights Protection in the Russian Federation” and certain legislative acts of the Russian Federation”.

According to one of the authors of the draft law Victor Zvagelsky, the institute of Commissioners “has been functioning for a year and has proved to be highly effective”.

“However, this year showed that some provisions need to be clarified, and some of the powers of the Commissioner, both federal and regional, should be expanded to achieve maximum results”, - the deputy believes.

The legislative initiative is aimed at improving the institute of the Commissioner for Entrepreneurs' Rights Protection and ensuring the functioning of the institute in all subjects of the Russian Federation.

In particular, it is proposed to extend the powers of the Commissioner, to clarify the scope of activity of his public representatives. It is also proposed to give the Commissioner the right to go to court to protect the public interest in the field of entrepreneurship, and on their own initiative inspect violations of the rights of business entities, get acquainted with the materials of criminal, civil cases and cases of administrative offenses.

In order to restore the violated rights and observe legitimate interests of entrepreneurs it is offered to oblige officials to consider the conclusion submitted by the Commissioner within 15 days. In addition, it is proposed to endow the Commissioner with the immunity for the entire term of his office, which, in particular, extents to his residential and office space, baggage, personal and official vehicles, correspondence, means of communication, as well as documents belonging to him.

In order to ensure effective protection of entrepreneurs' rights it is proposed to expand the powers of the business ombudsmen in the regions.

And to exclude any influence on the decisions of Commissioners in the regions it is proposed to establish an administrative penalty for interference in their activities.

It is also suggested to empower the regional business ombudsmen to appoint representatives acting on a voluntary basis.

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