Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)
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Language: 
Russian
Heading: 
Law
Article type: 
Article
UDC: 
342.571
DOI: 
10.18500/1994-2540-2020-20-1-67-74

The Role of Business Associations as Civil Society Institutions in the Implementation of Public Control in Russia

Autors: 
Plotnikova Inna Nikolaevna, Saratov State Law Academy
Abstract: 

Introduction. The issues of participation of public associations of entrepreneurs in the process of public control in Russia are poorly investigated. The author analyzes the powers of these nonprofit organizations in fulfilling the goals and objectives of public control, identifies the effectiveness of their activities in this area. Theoretical analysis. Public control is the inherent condition for the effective development of all spheres of life in a democratic state and civil society. Studying the norms of Russian legislation governing public control, the author notes the limited circle of its actors. As for public associations, they, according to the current legislation, are not subjects of public control, but only its participants, endowed with separate powers. Only some of these organizations have been granted additional rights in the field of public control (for example, public consumer organizations). Public associations of entrepreneurs are not among these organizations, despite the declaration of the possibility of participation of public associations in other forms of public control in the Federal Law “On the Basics of Public Control in the Russian Federation”. Empirical analysis. The author analyzed: materials of judicial practice on issues related to the possibility of challenging public associations of entrepreneurs with decisions and actions of state and other bodies and organizations; reports on the activities of public associations of entrepreneurs with a view to fulfilling the functions of public control. Results. The author proposes to amend the current legislation regarding streamlining and expanding the rights of public associations of entrepreneurs in the implementation of public control. It is necessary to recognize public associations as subjects of public control; provide the opportunity to file lawsuits with the All-Russian public associations of entrepreneurs in order to protect the rights and legitimate interests of their members; consider the possibility of creating an advisory body to the Federal Assembly of the Russian Federation and the government of the Russian Federation, consisting of members of business communities, representatives of workers.

Key words: 
public control
civil society
public associations of entrepreneurs
assessment of regulatory and actual impact
Reference: 
  1. Grib V. V. Public associations and other non-government noncommercial organizations as participants of the public control: Russian and foreign experience. Grazhdanskoe obschestvo v Rossii i za rubezhom [Civil society in Russia and abroad], 2015, no. 4, pp. 3–6 (in Russian).
  2. Doroshenko T. G., Sukhanova I. A. On the subject of improving the mechanism of procurement control. Izvestiya Irkutskoy gosudarstvennoy ekonomicheskoy akademii [Bulletin of Irkutsk State Economic Academy], 2016, vol. 26, no. 4, pp. 583–590 (in Russian). DOI: https://doi.org/10.17150/2500-2759.2016(4).583-590
  3. Kapoguzov Ye. A., Bogdanova A. S. Regulatory Impact Assessment as an Institution of Social Control. Upravlenets [The Manager], 2017, no. 3 (67), pp. 2–7 (in Russian).
  4. On the basis of public control in the Russian Federation. Federal law of 21.06.2014 no. 212-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 30 (pt. I), art. 4213; 2018, no. 53 (pt. I), art. 8424 (in Russian).
  5. Dorovskikh D. V. Public control in the Russian Federation: legal foundations. Gosudarstvennaya vlast’ i mestnoe samoupravlenie [State power and local government], 2015, no. 6, pp. 14–18 (in Russian).
  6. Kirichek Е. V. Public Control in Russia: Some Theoretical Methodological Features and Problems of Legislative Regulation. Konstitutsionnoe i munitsipal’noe pravo [Constitutional and Municipal Law], 2016, no. 9, pp. 43–46 (in Russian).
  7. Mikheyeva T. N. Public Control from the standpoint of the Constitutional Right of Citizens to Participate in the State Affairs Management. Aktual’nye problemy rossiiskogo prava [Current problems of Russian law], 2018, no. 10, pp. 177–183 (in Russian). DOI: https://doi.org/10.17803/1994-1471.2018.95.10.177-183
  8. About the contract system in the fi eld of procurement of goods, works, services to ensure state and municipal needs. Federal law of 05.04.2013 no. 44-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2013, no. 14, art. 1652; 2019, no. 26, art. 3318 (in Russian).
  9. Resolution of the Arbitration Court of the Ural District of June 16, 2016 no. F09-4952/16 in the case no. A60-33116/2015. Available at: http://ras.arbitr.ru/ (аccessed 7 October 2019) (in Russian).
  10. Resolution of the Moscow District Arbitration Court of February 25, 2019 in the case no. A40-89844/2018. Available at: http://ras.arbitr.ru/ (аccessed 7 October 2019) (in Russian).
  11. On Amendments to the Federal Law “On the contract system in the sphere of procurement of goods, work, and services to ensure state and municipal needs”. Federal law of 01.04.2019 no. 50-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2019, no. 14 (pt. I), art. 1463 (in Russian).
  12. The system for ensuring the legislative activity of the State automated system “Lawmaking”. Bill no. 546226-7 “On Amendments to the Federal Law “On the Contract System in the Sphere of Procurement of Goods, Work, and Services to Ensure State and Municipal Needs”. Available at: https://sozd.duma.gov.ru/bill/546226-7 (аccessed 26 October 2019) (in Russian).
  13. On the practice of court consideration of cases on contesting regulatory legal acts and acts containing clarifications of legislation and having regulatory properties. Resolution of the Plenum of the Supreme Court of the Russian Federation of 25.12.2018 no. 50. Byulleten’ Verkhovnogo Suda RF [Вulletin of the Supreme Court of the Russian Federation], 2019, no. 2 (in Russian).
  14. About the Public Chamber of the Russian Federation. Federal law of 04.04.2005 no. 44-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2005, no. 15, art. 1277; 2017, no. 50 (pt. III), art. 7563 (in Russian).
  15. List of members of the Public Chamber (2017). Obschestvennaya palata Rossiiskoi Federatsii (Public Chamber of the Russian Federation. Site). Available at: https://www.oprf.ru/ru/about/chambermembers/members2017/ (аccessed 2 October 2019) (in Russian).
  16. In the interests of business, for the benefi t of Russia. Torgovo-promyshlennaya palata Rossiiskoi Federatsii (Chamber of Commerce and Industry of the Russian Federation. Site). Available at: https://tpprf.ru/ru/about/TPP_brochure_05.05.pdf/ (аccessed 2 October 2019) (in Russian).
  17. Regulatory Impact Assessment. Torgovo-promyshlennaya palata Rossiiskoi Federatsii (Chamber of Commerce and Industry of the Russian Federation. Site). Available at: https://tpprf.ru/ru/interaction/orv_monitor/ (аccessed 2 October 2019) (in Russian).
  18. Opora Rossii (Support of Russia. Site). Available at: http://opora.ru/ (аccessed 3 October 2019) (in Russian).
  19. Rossiiskiy soyuz promyshlennikov i predprinimateley (Russian Union of Industrialists and Entrepreneurs. Site). Available at: http://www.rspp.ru/about (аccessed 3 October 2019) (in Russian).
  20. On the procedure for the federal executive bodies to assess the regulatory impact of draft regulatory legal acts and draft decisions of the Eurasian Economic Commission, as well as on amendments to some acts of the Government of the Russian Federation. Resolution of the Government of the Russian Federation of 17.12.2012 no. 1318. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2012, no. 52, art. 7491; 2019, no. 38, art. 5313 (in Russian).
  21. Voloshinskaya A. A. Regulatory Impact Assessment in Russia and the World: One Similarity and Seven Differences. Gosudarstvennoe upravlenie. Elektronnyi vestnik [Public administration. Electronic bulletin], April 2015, iss. 49, pp. 52–74 (in Russian).
  22. On assessing the actual impact of regulatory legal acts, as well as on amending certain acts of the Government of the Russian Federation. Resolution of the Government of the Russian Federation of 30.01.2015 no. 83. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2015, no. 6, art. 965; 2018, no. 36, art. 5649 (in Russian).
  23. Plan provedeniya otsenki fakticheskogo vozdeystviya normativnykh pravovykh aktov na 2019 g. (Plan for assessing the actual impact of regulatory legal acts for 2019). Available at: https://regulation.gov.ru/projects#sysfilters=11 (аccessed 8 October 2019) (in Russian).
  24. Ivanov A. A. Expert Assessment of the Federal Law “On the Basics of Social Control in the Russian Federation”: An Overview. Gumanitarnye, sotsial’no-ekonomicheskie i obschestvennye nauki [Humanitarian, Social, Economic and Social Sciences], 2016. no. 3, pp. 33–36 (in Russian). 
Received: 
19.11.2019
Accepted: 
27.12.2019
Available online: 
02.03.2020