BOmb. Social, economical and law institution in Russia Baltic Practice, June-July 2014 Gleb Alexandrov, Alina Gegamova, Vera Ivanova, Kirill Korshunov, Margarita Nizhnik, Artem Uldanov, Anastasia Zakharova Business Ombudsman

Research problem How the institution of Business Ombudsman can be effective in conditions of current Russian legislation and implementation of law, lack of respect to general rights and political situation?

Methodology Institutional approach Content analysis Statistic analysis Comparative law method

Content 1.Definition and features; 2.Functions; 3.Experts’ opinion; 4.Overlapping of full powers and functions with other institutions; 5.Ombudsman's role in checks and balances system; 6.Pros and Cons; 7.Outcomes and perspectives.

Definition and features Business Ombudsman is a state body entitled as an artificial person which provides guaranties of a state protection of the rights and interests of the subjects of entrepreneurship. Law from the 7 th of May 2013 “About Business Ombudsmen in the Russian Federation”.

Definition and features Initiative to create this institution was lobbied by entrepreneurs’ associations; It was important to create a new institution which would deal with huge amount of special cases; State Ombudsman and regional Ombudsmen have administrations and they are connected with the Centers of Public Procedures; This institution was formed by the President and now it exercises its powers in his favor; One of the main purposes – to improve business climate in Russia.

Functions BOmb can: consider complaints; send to the state bodies instructions to fix their mistakes; sue on behalf of the entrepreneur; involve experts; appeal against unlawful acts to the court.

Experts’ opinions “Economic development in Russia is possible only with reduction of administrative obstacles and excessive pressure over entrepreneurs from governmental bodies. Business Ombudsman institution could be effective on the federal level, but I don’t see necessity to create it in every Russian region as it is planned”. Alexey Selivanov, a member of the National Law Chamber “We cannot achieve any useful outcome with Business Ombudsman institution without cooperation between business and advocacy. Creation of fruitful conditions for such a cooperation is a main purpose of this institution and can be achieved only through its distribution in all Russian Regions”. Tamara Morschakova, former judge of the Constitutional Court

Overlapping of full powers and functions

Ombudsman's role in checks and balances system

Pros and Cons Pros: 1) Bomb is originated from business community. 2) Preliminary consultations with interested parties (such as communities of businessmen). 3) Improved an investment climate in Russia. 4) Addresses to the President to resolve disputed cases using his powers. 5) BOmb isn't only about law. This institution has a great impact on economics, it represents an additional positive measure of control on market relationships. 6) Reactive mechanism in current political and economical situation.

Pros and Cons Cons: 1) Federal BOmb is in great dependence of President. 1.1) In the subjects of the federation ombudsmen are appointed and displaced by heads of subjects, so they are in a similar dependence. 2) According to current practice the institution of the BOmb is ineffective. 3) Budget is being wasted on this ineffective institution and it is irrational to do further support. 4) Legal requirements to candidates on BOom's place are absent 5) Based on the current legal base, BOmb has powers, but others don’t have enough responsibility.

Changes in criminal policy connected with legal entities and entrepreneurs

Matters of the complaints

Results of the applications’ review

Outcomes and perspectives BOmb institution can be affective if: it is impartial; it has enough recourses; it deals with other institutions of the state and civil society; it considers more complaints in a reasonable period of time.

Thank you for your attention!