22 (1)
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2022
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Emikh, Valentina

The article summarizes world experience on exercising the ombudsman’ conception towards social relations with the involvement of entrepreneurs. The author analyses legal status of business ombudsmen (using the example of USA and Australia), taxpayers' ombudsmen (using the example of Georgia, Canada, USA and Pakistan), and procurement ombudsmen (using the example of Canada). The main tendencies of legal regulation of these ombudsmen’ status are determined, and the perspectives of their development are defined. The article specifies peculiarities of commissioners for entrepreneurs’ rights protection in Russia in comparison with world legal regulation of similar ombudsman schemes. Based on the research, the author concludes that these commissioners gets the features of law-enforcement state body instead of being the alternative dispute resolution scheme. Despite positive evaluation of commissioners’ practical activity, it is important to strengthen so-called “social component” of their legal status and to optimize their sphere of competence and power.

Keywords: business ombudsman, commissioner for entrepreneurs’ rights protection, alternative dispute resolution, taxpayers' ombudsmen, procurement ombudsmen.

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