ERMAKOV VIKTOR Public Ombudsman on SME Rights Protection Member of the Civic Chamber of the Russian Federation Member of the Presidium of the Board of the Chamber of Commerce and Industry of the Russian Federation Institution of the Ombudsman as an instrument to protect entrepreneurs’ rights Great Britain, London June 03, 2015 2 OMBUDSMAN UNDER THE RF PRESIDENT ON SME PROTECTION – LEGAL BASIS On December 18, 2012 in accordance to the order of Vladimir Putin, President of the Russian Federation, the Russian Government introduced to the State Duma of the Federal Assembly of the Russian Federation а draft Federal Law # 185348-b “On ombudsmen on entrepreneurs’ rights protection in the Russian Federation”. On April 26, 2013 this Law was approved by the State Duma of the Federal Assembly of the Russian Federation in the second and third readings. On April 27, 2013 this Law was approved by the Council of Federation. On May 07, 2013 this law was signed by Vladimir Putin, President of the Russian Federation (#78-FL). OMBUDSMAN ON SME RIGHTS PROTECTION – MAIN SPHERE OF ACTIVITIES 3 The Institution of the Ombudsman is a state body with all the rights of a legal entity. The Ombudsman has the right to appeal to courts. Regional Ombudsmen cannot be appointed or dismissed to their position without prior approval of the Federal Ombudsman. There is a possibility to appoint public assistants. Official replies to queries of the Ombudsman has to be done by the signature of the official person to whom it was addressed. The Ombudsman has the right to attend – without a special permission – detention facilities for suspects and accused as well as places of imprisonment. The Ombudsman considers complaints of entrepreneurial entities for nonnormative legal acts, decisions or action (inaction) of state bodies, selfgovernment authorities, officials that break their rights and legal interests in the sphere of entrepreneurial activity. OMBUDSMAN ON SME RIGHTS PROTECTION – MAIN SPHERE OF ACTIVITIES Extreme “attention” of lawenforcement authorities Abuse of legal rights Raider attacks Administrative barriers Corruption 4 5 THE PROCEDURE IN APPLYING OF SMEs TO THE OMBUDSMAN Refusal Application 3 days Ombudsman under the RF President on entrepreneurs’ rights protection 10 days Decision taking Information on the proceedings – every 2 months 1 months 1 months Public Ombudsmen 1 months Regional Ombudsmen Consideration by the Federal Ombudsman’s Office Institution of the Ombudsman Обращения по направлениям, поступившие к Applications from entrepreneurs to the Ombudsman by areas Уполномоченному other 15% Regulation of excise goods 4% Ecology 3% Customs 0% Regarding SME 42% Energy 3% Intellectual property 3% Anti-trust law 4% Purchases 5% Land 5% Taxes 7% Construction and housing and communal services 9% 6 Institution of the Ombudsman 7 Applications from entrepreneurs to Ermakov Viktor – by the content Competition distort, interaction of entrepreneurs with state monopolies 3% Problem of access to state (municipal) orders / tenders 4% Other 10% Administrative barriers, infringements of entrepreneurs’ rights, incl. SME 40% Tax and fiscal claims 4% Bankruptcy, illegal takeovers including involvement of the state bodies and authorities 9% Rent of state (municipal) property 14% Legislative problems; legal acts of the authorities; normative acts that worsen situation of entrepreneurs 16% Institution of the Ombudsman Structure of applications - by applicants 83% Individual applications 17% Cooperative applications 8 9 Annually on May 26 (Day of Russian Entrepreneurship) the Presidential Commissioner for Entrepreneurs’ Rights presents his report to the President of the Russian Federation. The report is made after the analysis of the received applications during the year and contains proposals how to remedy detected systematic violations. 10 Enterprise Europe Network Enterprise Europe Network (EEN) – The Enterprise Europe Network is a key instrument in the EU's strategy to boost growth and jobs. Bringing together around 600 business support organisations from more than 50 countries, we help small companies seize the unparalleled business opportunities in the EU Single Market. • 54 countries; Russian Center is one of the the most active parts of the EEN since 2009 • about 600 business support organisations; • more than 4000 specialists. 11 Development perspectives of Russian-British cooperation The level of interest of Russian companies to the markets of other countries in the Enterprise Europe Network (from May 2014 to May 2015) 12 Development perspectives of Russian-British cooperation Foreign companies interested in Russian market in the Enterprise Europe Network (from May 2014 to May 2015) Russian-British cooperation: success stories • Agro-industrial company LLC "Farmtek" Agro of the Republic of Bashkortostan signed an agreement with Avon Technical Products, a British supplier of components • Scientific and Production Association alarm actuating devices (NPO USP) from the city of Tver concluded with a British company an agreement to supply its own innovative products (alarm actuating devices); 13 Russian-British cooperation: success stories • As a result of the participation of the company LLC "Sayan Ring" of the Krasnoyarsk Territory in the International Tourism Exhibition (MITT 2014) in Moscow signed a contract with The Trans-Siberian Travel Company on cooperation in the implementation of programs of mountain tourism in the Krasnoyarsk Territory, the Republic of Khakassia and Tyva Republic with a company from the United Kingdom. • "SPE Innostom Plus" (Chuvash Republic) signed a contract with the British company MR DENTAL Supplies Ltd for the supply of acrylic powder to the United Kingdom for the manufacture of dentures. 14 Cooperation with Russo-British Chamber of Commerce • Russo-British Chamber of Commerce is an active business partner of the Russian Agency for Support of Small and Medium Business. The cooperation contributes the establishment and development of bilateral profitable relations of business under various federal and international events on the subject of internationalization; • Mr. Alan Thompson, Russia Director of RBCC, is well known to business and organizations of infrastructure support in the regions of the country (Export support centers and Regional integrated centers) as a highly qualified broadminded expert with a vast number of business contacts. 15 THANK YOU FOR ATTENTION!
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