of May 7, 2013 No. 78-FZ
About representatives for protection of the rights of entrepreneurs in the Russian Federation
Accepted by the State Duma of the Russian Federation on April 26, 2013
Approved by Council of the Russian Federation on April 27, 2013
1. This Federal Law determines legal status, the main objectives and competence of the Comissioner for the President of the Russian Federation by protection of the rights of entrepreneurs, and also authorized on protection of the rights of entrepreneurs in subjects of the Russian Federation.
2. The Comissioner for the President of the Russian Federation on protection of the rights of entrepreneurs (further - the Representative) and its working device are state body with the right of the legal entity which is providing guarantees of the state protection of the rights and legitimate interests of subjects of business activity and observance of the specified rights by public authorities, local government bodies and officials, having settlement and other accounts, seal and forms with the name and with the image of the State Emblem of the Russian Federation.
3. The representative is appointed the President of the Russian Federation taking into account opinion of entrepreneurial community for a period of five years. The same person cannot be appointed the Representative more than to two terms in a row.
4. The representative the citizen of the Russian Federation not younger thirty years, constantly living in the Russian Federation, not having nationality (citizenship) of the foreign state or the residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation in the territory of foreign state, and having the higher education can be appointed.
5. The representative has no right to be senator of the Russian Federation, the deputy of the State Duma of Federal Assembly of the Russian Federation, the deputy of legislature of the subject of the Russian Federation, to be engaged in other paid activities, except for teaching, scientific or other creative activities. The representative shall stop the activities incompatible with its status, no later than fourteen days from the date of position assignment. In the activities the Representative cannot be guided by decisions of political party or other public association which member it consists.
6. Powers of the Representative can be ahead of schedule stopped according to the decision of the President of the Russian Federation.
7. The representative is exempted from liability for non-compliance with restrictions and prohibitions, requirements about prevention or about settlement of conflicting interests and non-execution of the obligations established by the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption" and other Federal Laws for the purpose of anti-corruption if non-compliance with such restrictions, prohibitions and requirements, and also non-execution of such obligations is recognized the investigation of the circumstances which are not depending on it according to the procedure, provided by parts 3 - the 6th article 13 of the Federal Law of December 25, 2008 No. 273-FZ "About anti-corruption".
The main objectives of the Representative are:
1) protection of the rights and legitimate interests of the Russian and foreign subjects of business activity (including members of governing bodies of the commercial organization in connection with implementation of powers by them on management of such organization) in the territory of the Russian Federation and the Russian subjects of business activity in the territories of foreign states in accordance with the legislation of the Russian Federation, international treaties of the Russian Federation, arrangements on mutual basis of federal bodies of the government with state bodies of foreign states, the international and foreign organizations;
2) control of observance of the rights and legitimate interests of subjects of business activity (including members of governing bodies of the commercial organization in connection with implementation of powers by them on management of such organization) federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies;
3) assistance to development of the public institutes oriented to protection of the rights and legitimate interests of subjects of business activity;
4) interaction with entrepreneurial community;
5) participation in forming and realization of state policy in the field of development of business activity, protection of the rights and legitimate interests of subjects of business activity.
1. The representative is accountable to the President of the Russian Federation. Upon termination of calendar year the Representative sends to the President of the Russian Federation the report on results of the activities containing including assessment of conditions of implementation of business activity in the Russian Federation, and also offers on enhancement of legal status of subjects of business activity in the part which is within the competence of the Representative.
2. Annual reports of the Representative are subject to placement (publication) on the official site of the Representative on the Internet and to official publication in "The Russian newspaper".
1. The representative considers claims of subjects of business activity according to the procedure, established by the legislation of the Russian Federation, taking into account the features provided by this Federal Law, and also procedure for giving and consideration of claims, decision makings on them approved as the Representative.
2. The representative makes the decision on adoption of the claim of the subject of business activity (further also - the applicant) to consideration or on refusal in adoption of the claim to consideration within ten days from the date of its receipt what notifies the applicant within three days on. Further the Representative notifies the applicant on results of implementation of measures for recovery of its violated the rights and legitimate interests with frequency at least once in two months.
3. The representative directs to the applicant motivated refusal in adoption of the claim to consideration in the presence in the claim of instruction of the postal and (or) e-mail address of the applicant for the following bases:
1) the text of the claim directed in writing does not give in to reading;
2) the claim contains only that question on which to the applicant pertinent answers in writing in connection with earlier directed claims were repeatedly given to Representatives, and at the same time new circumstances on this matter are not given in the claim;
3) the pertinent answer of the question raised in the claim cannot be given without disclosure of the data which are the state or protected by the Federal Law other secret.
4. If in the claim which arrived addressed to the Representative surname, the name, middle name (in the presence) and (or) the postal or e-mail address of the applicant are not entered, such claim is not subject to consideration.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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