1 - Rusemb.org.uk

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
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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
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 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
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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%
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Institution of the Ombudsman
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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
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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.
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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.
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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)
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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);
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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.
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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.
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THANK YOU FOR ATTENTION!