Ensuring the rights of entrepreneurs through the implementation of control and supervisory functions of the state
Автор: Nikitenko Ilya Viktorovich, Babak Oleg Vladimirovic
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Судебная деятельность. Прокурорская деятельность. Правозащитная и правоохранительная деятельность
Статья в выпуске: 2 (97), 2021 года.
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Introduction: the article discusses the issues of ensuring the rights of entrepreneurs through the prosecutor’s supervision over compliance with legislation in this area of legal relations, and also presents the typical violations of the rights of entrepreneurs identified through the implementation of control and supervisory functions. In this regard, the authors briefly outline the meaning and essence of prosecutorial supervision in the implementation of relevant state functions. The authors note that such functions are carried out through the supervision of the implementation of the provisions of the legislation by state institutions and bodies designed to monitor compliance with various rules and regulations related to safety, compliance with consumer rights, etc. Attention is focused on the priority of such state structures performing their functions to identify and prevent the considered category of offenses, to verify the legality and completeness of measures to eliminate the revealed facts. Materials and Methods: the normative basis of the study was the Constitution of the Russian Federation and other federal laws participating in the legal regulation of legal relations in connection with and in relation to entrepreneurial activity, normative legal acts of the Prosecutor General’s Office of the Russian Federation, regulating the issues of organizing supervision, prosecutorial activities in the field of protecting entrepreneurs. The methodological basis of the study was the general scientific dialectical method of cognition, as well as methods of analysis and synthesis, systematic and formal-logical methods, system-structural, functional and comparative-legal. Statistical data of the General Prosecutor’s Office of the Russian Federation and materials of practical activities of the prosecution authorities of the Russian Federation were used as empirical material. Results of the Study: based on a critical analysis, the authors describe possible ways to improve both the supervisory activity itself and its effectiveness in terms of protecting the legitimate rights and interests of the business community. Findings and Conclusions: the article contains proposals for possible amendments to the current legislation, which will allow the prosecutor’s office to better perform its supervisory functions in the area of legal relations under consideration.
Business activity, business entities, prosecutor's supervision, typical violations, possible ways to improve this supervision
Короткий адрес: https://sciup.org/143174443
IDR: 143174443 | DOI: 10.24412/2312-3184-2021-2-150-159