Independence of business rights commissioners in the Russian Federation subjects as the condition for entrepreneurship development

2018

Russian Journal of Economics and Law, Vol 12, Iss 2, Pp 428-442 (2018)

Objective: to study the issues of ensuring the independence of business rights commissioners from the influence of regional power elites.Methods: the reliability of the study and the validity of the author’s arguments are provided by the use of both empirical and theoretical methods of cognition (description, analysis, synthesis, induction, deduction). In addition to general scientific methods, special legal research methods were used: formal-legal and comparative-legal.Results: based on the analysis of normative-legal legal acts of the Russian Federation subjects regulating the order of accounting for the business community opinion, the problem of independence of business rights commissioners is considered. The author presents in a systematic form the organizational and legal characteristics of the procedure of appointment to the position of a business rights commissioner in different regions of the country, assessing their actual significance in ensuring the accounting of the business community opinion. It is assumed that the procedure based on the following principles could fully account the business community opinion: 1) legislative establishment of the possibility of nominating candidates for the position of a business rights commissioner solely by business associations. Such an opportunity should be provided to all public organizations operating in the region, whose statutory objectives include promoting the creation of favorable conditions for entrepreneurship, and not only to the branches of all-Russian public associations; 2) normative stipulation of a maximally open and transparent procedure of public discussion of candidates for the position of a business rights commissioner. It is necessary to use more intensively the modern technologies allowing remote vote by SMS or through the official website of the region with automatic reflection of results. In addition to voting, an Internet forum should be created for open discussion of candidates with their participation, in which even online debates are possible; 3) legislative stipulation of the region head obligation to make the person who received the greatest support from the vote participants to be appointed a business rights commissioner. We believe that only under this condition the “legal nihilism” of the Russian entrepreneurs can be overcome, who now believe, not without reason, that nothing depends on their opinion. Scientific novelty: based on the research, the author offers an optimal model of legal regulation of the order of accounting of the business community opinion, which provides a real impact of business associations on the process of appointment of a business rights commissioner. Practical significance: the results and recommendations contained in the article can be used to further improve the legal regulation of the business rights commissioners institution, to search the ways to ensure their independence.

article

English
Russian

Tatar Educational Center “Taglimat” Ltd., 2018.

экономика и управление народным хозяйством, уполномоченный по защите прав предпринимателей, бизнес-омбудсмен, институт защиты прав и законных интересов предпринимателей, бизнес против коррупции, независимость омбудсменов, Economics as a science, HB71-74, Law in general. Comparative and uniform law. Jurisprudence, K1-7720