Legal Status of the Commissioner for the Protection of the Entrepreneurs’ Rights and Its Role in the Public Administration System

Abstract

The relevance of the study stems from the natural contradictions that arise between the public administration bodies and the freedom of entrepreneurial activity. These contradictions are manifested, in particular, in admin-istrative and coercive pressure on business, which negatively affects the business climate, trust in relations between the state and entrepreneurs, and ultimately, the sustainable socio-economic development of society and the state. This has generated scholarly interest in developing and implementing effective legal guarantees for the freedom of entrepreneurial activity and the protection of entrepreneurs’ rights within the framework of relations with the public administration system. The subject of this article is the currently reformed institution of the Commissioner for the Protection of the Entrepreneurs’ Rights under the President of the Russian Federa-tion, which is examined in the context of Russia’s emerging unified public administration system. It is argued that, within this system, the institution can be viewed in two dimensions; on the one hand, as an instrument of presidential oversight, and on the other hand, as a mechanism of public control, primarily from the perspective of the business community. It has been established that the specialization of the Commissioner for Human Rights – particularly in the field of protecting the rights of entrepreneurs – is an objectively developing trend driven by the need to support entrepreneurship and in consistent with the evolution of the system of public au-thority and public administration in Russia. It is substantiated that entrepreneurship, as an object of public law regulation, is closely linked with many elements of national security and the goals of socio-economic develop-ment. Consequently, the protection of entrepreneurs’ rights requires public administration to be organized at the level of the head of the unified system of public authority. From the standpoint of the unified system of pub-lic administration, the Commissioner for the Protection of the Entrepreneurs’ Rights is not accountable to any of the branches of power but operates under the President of the Russian Federation, serving as one of the in-struments of presidential oversight. At the same time, the procedure for appointing the Commissioner and sup-porting its activities (which involves direct participation of the business community), as well as the Commis-sioner’s legal status make it possible to consider this institution as a mechanism of public control.