Sites of the Kemerovo region

Department of Investments and Strategic Development of the Kemerovo Region

http://dep.keminvest.ru

Internet portal of public authorities of the Kemerovo region

www.kemobl.ru

Council of People's Deputies of the Kemerovo Region

www.sndko.ru

Investment portal of the Kemerovo region

keminvest.ru

Investment Promotion Agency

www.agency.keminvest.ru

Department of Investments and Strategic Development of the Kemerovo Region

http://dep.keminvest.ru

Information portal "Kemerovo region"

www.kemoblast.ru

Investment portal of the Kemerovo region

keminvest.ru

Investment Promotion Agency

www.agency.keminvest.ru

Department of Investments and Strategic Development of the Kemerovo Region

http://dep.keminvest.ru

Investment portal of the Kemerovo region

keminvest.ru

Investment Promotion Agency

www.agency.keminvest.ru

Protection of the rights of entrepreneurs

Human and civil rights and freedoms are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice.

(Article 18 of the Constitution of the Russian Federation).

Scheme of actions of subjects of entrepreneurial and investment activities to ensure the protection of rights and legitimate interests

The information was prepared by the Office of the Ombudsman for the Protection of the Rights of Entrepreneurs in the Kemerovo Region on the basis of legislative norms in force as of November 30, 2018.

Depending on the reasons for which a business and investment entity has entered into interaction with a public body (or) officials, administrative appeal actions can be conditionally divided into the following categories:

1. Administrative appeal when providing state or municipal services.

Object of the complaint: a body providing a public service, a body providing a municipal service, an official of a body providing a public service or a body providing a municipal service, or a public or municipal employee, the MFC, its head and (or) an employee of the organization provided for in the part 1.1 of Article 16 of the Federal Law, their managers and (or) employees, decisions and actions (inaction) of which are appealed (hereinafter referred to as the body providing the service).

Grounds for filing a complaint:

1) violation of the deadline for registering a request for the provision of a state or municipal service, a request specified in Article 15.1 of the Federal Law;

2) violation of the term for the provision of state or municipal services;

3) a requirement from the applicant for documents or information not provided for by regulatory legal acts;

4) refusal to accept documents, the provision of which is provided for by regulatory legal acts, from the applicant;

5) refusal to provide a state or municipal service, if the grounds for refusal are not provided for by regulatory legal acts;

6) the request from the applicant for the provision of a state or municipal service of a fee that is not provided for by regulatory legal acts;

7) refusal of the body or person providing the service to correct the typos and errors made by them in the documents issued as a result of the provision of a state or municipal service, or violation of the established term for such corrections;

8) violation of the term or procedure for issuing documents based on the results of the provision of state or municipal services;

9) suspension of the provision of state or municipal services, if the grounds for suspension are not provided for by regulatory legal acts;

10) the requirement from the applicant, when providing a state or municipal service, documents or information, the absence and (or) unreliability of which was not indicated at the initial refusal to accept documents necessary for the provision of a state or municipal service, or in the provision of a state or municipal service, except in cases stipulated by clause 4 of part 1 of article 7 of the Federal Law (Article 11.1 FZ of July 27, 2010 N 210-FZ).

Bodies authorized to consider a complaint:

- a body providing a state or municipal service;

- multifunctional center (if the service is provided through the MFC);

- a public authority (local self-government body) of public law education, which is the founder of the MFC;

- authorized by the MFC (part 1 of article 11.2 of the Federal Law of July 27, 2010 No. 210-FZ).

Form for filing a complaint: In writing on paper or in electronic form (part 1 of article 11.2 of the Federal Law of July 27, 2010 N 210-ФЗ).

Method of filing a complaint:

- by mail;

- through the MFC;

- using the information and telecommunication network "Internet";

- through the official website of the body providing the state or (municipal) service;

- a single portal of state and municipal services;

- regional portal of state and municipal services;

- personal reception of the applicant (part 2 of article 11.2 of the Federal Law of July 27, 2010 N 210-FZ).

Content of the complaint:

1) the name of the body providing the service, the decisions and actions (inaction) of which are being appealed;

2) surname, first name, patronymic (the latter - if any), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity, as well as the number (s) of the contact telephone number, e-mail address (addresses) ( if any) and the mailing address to which the response should be sent to the applicant;

3) information about the appealed decisions and actions (inaction) of the body providing the service;

4) arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the body providing the service.

The term for consideration of the complaint:

- 15 working days from the date of registration of the complaint;

- 5 working days from the date of registration of the complaint - in case of appeal against the refusal to accept documents, he will declare either in correcting misprints and errors or in the event of an appeal against violation of the established time limit for such corrections.

Result of consideration of the complaint:

1) the complaint is satisfied;

2) refuses to satisfy the complaint.

No later than the day following the day the decision is made, a reasoned response on the results of the consideration of the complaint is sent to the applicant in writing or at the request of the applicant in electronic form.

If the complaint is recognized as subject to satisfaction in the response, the applicant is given information about the actions taken by the body providing the service in order to immediately eliminate the violations identified in the provision of state or municipal services, as well as apologize for the inconvenience caused and indicate information on further actions that need to be taken to the applicant for the purpose of obtaining state or municipal services.

If the complaint is recognized as not subject to satisfaction, the applicant is provided with reasoned explanations about the reasons for the decision, as well as information on the procedure for appealing the decision.

If, in the course of or as a result of the examination of a complaint, signs of an administrative offense or crime are established, an official, an employee empowered to consider complaints in accordance with Part 1 of this Article, shall immediately send the available materials to the prosecutor's office.

2. Administrative appeal when exercising state or municipal control

Object of the complaint: The body exercising state or municipal control (supervision).

Grounds for filing a complaint:

1. Lack of grounds for a scheduled inspection;

2. Violation of the deadline for notification of the inspection;

3. Involvement of legal entities, individual entrepreneurs and citizens not certified in accordance with the established procedure, in carrying out control measures;

4. Absence of grounds for an unscheduled on-site inspection;

5. Lack of coordination with the prosecutor's office on the conduct of an unscheduled on-site inspection;

6. Violations of the terms and time of scheduled field inspections in relation to small businesses;

7. Conducting an inspection without an order or order of the head, deputy head of the state control (supervision) body, municipal control body;

8. Requirements of documents not related to the subject of inspection;

9. Exceeding the established deadlines for conducting inspections;

10. Failure to submit an inspection report;

11. Conducting a scheduled inspection not included in the annual scheduled inspection plan.

12. Participation in inspections of experts, expert organizations, which are in civil and labor relations with legal entities and individual entrepreneurs, in respect of which inspections are carried out.

Bodies authorized to consider a complaint:

1. Bodies of the Prosecutor's Office.

2. The head of the body of state or municipal control (supervision).

Complaint Form: Written on paper

Method of filing a complaint:

1. By mail.

2. At a personal appointment.

Content of the complaint:

1) the name of the body to which the complaint is sent or the position, surname, name, patronymic (the latter - if any) of the relevant official;

2) the name, information about the location of the applicant or the last name, first name, patronymic (the latter - if any) of the authorized representative of the applicant, as well as the postal address and e-mail address (s) (if any), to which the response should be sent;

3) the name of the body of state or municipal control (supervision), surname, first name, patronymic (the latter - if any) of the official whose decisions and actions (inaction) are being appealed;

4) information about the appealed decisions and (or) actions (inaction);

5) arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the state or municipal control (supervision) body, their officials;

6) personal signature of the applicant and date.

The term for consideration of the complaint:

1. The head of the body of state or municipal control (supervision) -15 working days.

3. In addition, the subject of entrepreneurial and investment activity can apply to the authorized representative for the protection of the rights of entrepreneurs in the Kemerovo region.

Subjects of the complaint: business entities registered with the state registration authority in the Kemerovo Region, business entities whose rights and legitimate interests have been violated in the Kemerovo Region.

Object of the complaint: State authorities of the Kemerovo region, territorial bodies of federal executive bodies in the Kemerovo region, local self-government bodies, other bodies, organizations endowed by federal law with certain state or other public powers, officials violating the rights and legal ees of business entities.

Grounds for filing a complaint: Decisions or actions (inaction) that violate the rights and legitimate interests of business entities.

The body authorized to consider the complaint: the authorized representative for the protection of the rights of entrepreneurs in the Kemerovo region

Complaint form: In writing, on paper or electronically. Also, a complaint can be submitted in the recommended form posted on the official website of the authorized person http://ombudsmanbiz42.ru/ in the section: handling requests.

How to make a complaint:

1. by mail;

2. by email;

3. at a personal appointment.

Content of the complaint:

1) the name of the body (authorized to protect entrepreneurs in the Kemerovo region);

2) the name, information about the location of the applicant or the last name, first name, patronymic (the latter - if any) of the authorized representative of the applicant, as well as the postal address and e-mail address (s) (if any), to which the response should be sent;

3) the name of the public authority, local self-government body, last name, first name, patronymic (the latter - if any) of the official whose decisions and actions (inaction) are being appealed;

4) information about the appealed decisions and (or) actions (inaction);

5) arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the state or municipal control (supervision) body, their officials;

6) personal signature of the applicant and date.

4.On order of the Prosecutor General's Office of the Russian Federation of March 3, 2017 N 139 / 7r, a single All-Russian day for the admission of entrepreneurs in the prosecutor's office of the Russian Federation was approved

In order to provide business entities with assistance on legal issues, to exercise their right to personal appeal to the prosecutor's office of the Russian Federation, an All-Russian Day of Reception of Entrepreneurs was organized in the prosecutor's office of the Russian Federation, which is held by the prosecutor's office of the Russian Federation during working hours on the first Tuesday of each month.

Создано: 2018-12-24Обновлено: 2021-07-08
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