Некоторые вопросы судебной защиты нарушенных прав и законных интересов субъектов предпринимательства при осуществлении государственного контроля и надзора

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Abstract: The research subject is the range of aspects of the mechanism of judicial protection of rights of legal entities and self-employed persons in the context of state control and supervision. The author notes the absence of a uniform statutory framework in several sources of law regulating the mentioned legal relationship. Particularly, the special law on the protection of rights of self-employed persons in the context of state control, procedural legislation and the official position of the Constitutional Court of the Russian Federation contain contradictions in the definition of legal means and legal consequences of appeal of public authorities’ decisions by business entities. The author analyzes the institution of invalidating the results of inspection as one of the ways of protection of rights of organizations and self-employed persons. The author points out the significant shortcomings of legal regulation of this institution. The general theory of law and law enforcement practice demonstrate that the inspection act, as one of the results of inspection, contrary to the content of the law on the protection of entrepreneurs’ rights, can’t be litigated according to the signs of its illegality, since it is not a legal act. This collision significantly narrows entrepreneurs’ capacities to protect their legal interests. The research methodology is based on general scientific methods including the system, comparative and statistical methods, analysis and synthesis. The novelty of the research consists in the fact that the author studies the current legislation in the sphere of judicial protection of entrepreneurs’ rights with regard to the Administrative Procedure Rules and the draft law “On the fundamentals of state and municipal control (supervision) in the Russian Federation”. The author concludes that the formal consolidation of different mechanisms of protection of rights doesn’t guarantee the due level of legal protection of legal entities and self-employed persons, and the existing legal ambiguity whittles the effectiveness of special legislation in the sphere of state control (supervision). 

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