Legal Protection of Entrepreneurs
Legal protection of entrepreneurs, legal support of business activity
According to the Civil Code of the Russian Federation, entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically making a profit from the use of property, the sale of goods, the performance of work or the provision of services.
The development of entrepreneurship is one of the foundations for the development of the Russian economy as a whole, as well as the strengthening of foreign economic relations. Currently, the government is providing support to entrepreneurs. However, it is undeniable that there are many statutory requirements that must be met for entrepreneurial activity. Such requirements can be conditionally divided into general, which apply to all entrepreneurs, and special, which must be observed depending on the direction of activity. For example, general requirements are related to registration as an individual entrepreneur or legal entity, compliance with the requirements for concluding contracts established by civil law, compliance with labor laws when hiring employees, etc. Special requirements include the need to obtain licenses and permits to carry out certain types of activities (for example, the production of medicines, rail transport, installation of fire safety equipment, etc.), such requirements also include requirements related to the specifics of the production of individual products (for example, medicinal products and medical devices). At the same time, the rights of entrepreneurs themselves in carrying out their activities may be violated and their protection may be required.
The protection of the rights of entrepreneurs is understood as a set of normatively established measures (mechanisms) to restore or recognize violated or disputed rights and interests, which are carried out in certain forms, in certain ways, within legally defined boundaries, with the application of legal liability measures to violators, as well as a mechanism for practical implementation (feasibility) of these measures.
The subject of legal protection in the field of entrepreneurial activity is the disputed or violated rights and interests of persons engaged in such activities. Entrepreneurs are provided with the right to protection on an equal basis with other subjects of legal relations, their activities are protected by the norms of constitutional, administrative, labor, civil and criminal legislation.
However, we believe that in addition to the direct protection of violated rights, the protection of the rights of entrepreneurs can also include preventive measures related to a preliminary analysis of the risks associated with the implementation of entrepreneurial activities, claim work, negotiation processes with contractors and partners, etc.
Conventionally, the protected rights of entrepreneurs can be divided into:
- real rights (property right, economic management right, operational property management right, servitudes);
- rights of obligations (rights arising from obligations arising from a situation where one person (debtor) is obliged to perform a certain action in favor of another person (creditor), such as: transfer property, perform work, provide a service, contribute to a joint activity, pay money, etc., or refrain from a certain action, and the creditor has the right to demand from the debtor the performance of his obligation;
- IP rights.
The possibilities of protecting the rights of entrepreneurs can also be conditionally divided into the protection of rights out of court and protection by the court.
Out-of-court possibilities for protecting rights are actually very diverse and are not limited to the methods of protecting rights established by the Civil Code of the Russian Federation. In particular, the legislation on the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” establishes the powers of state authorities and local governments when conducting inspections, as well as the possibility of conducting measures aimed at preventing violations with the consolidation of the principle of the presumption of good faith of legal entities, individual entrepreneurs. Also, during inspections, entrepreneurs are assigned the right to be present at inspections with the receipt and familiarization with all documents related to the inspection, as well as the right to provide explanations and additional documents. If the check was carried out illegally or with violations, then the results of such a check can be appealed, including with claims for compensation for the harm caused.
Also, in addition to the possibility of protecting the rights of entrepreneurs by directly contacting law enforcement agencies, or appealing against illegal decisions of authorities to a higher authority, there is such a legal institution as an appeal to the Ombudsman for Entrepreneurs’ Rights both at the federal level and at the regional level. Commissioners for the rights of entrepreneurs are obliged to consider their appeals related to the inaction of the authorities, illegal persecution by extortion and other violations.
Entrepreneurs can protect their rights by applying to the arbitration court (for economic disputes), to courts of general jurisdiction (for example, in cases related to disputes with consumers, as well as when appealing against regulatory legal acts in administrative proceedings). As a rule, before going to court, in certain categories of cases, it is necessary to comply with the claim procedure.
In all cases related to the need to protect the rights of entrepreneurs, an important place is occupied by timely legal assistance, which can significantly reduce all possible risks and make it possible to develop the most effective protection strategy.
- Legal support of business activity
- Subscription service for legal entities and individual entrepreneurs
- Protection of the rights of entrepreneurs during inspections
- Legal compliance of legal entities and individual entrepreneurs
- Preparation of legal opinions on the protection of the rights of entrepreneurs
- Representation of persons engaged in business activity in litigation