In 2022, the practice of participation of the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region in court proceedings was continued, and in comparison with previous years, the share of participation of the Business Ombudsman in court proceedings increased by 2 times (in 2021 – 57, in 2022 – 111).

"In accordance with the Arbitration Procedural Code of the Russian Federation, third parties who do not make independent claims regarding the subject of the dispute may enter into the case at the request of one of the parties or the court. In previous years, as an Authorized Representative, I entered into the case at the request of entrepreneurs. But in 2022, a precedent was created when the court itself involved me in the process," Vladimir Golovnev said, commenting on the Annual Report on the activities of the Commissioner in 2022.

The Regional Business Ombudsman also drew attention to the fact that against the background of an increase in court cases considered by arbitration courts with the participation of the Commissioner, the number of refusals to involve him as a third party has decreased.

"The decision on involvement or refusal remains with the judge considering the case. We are taking the initiative to supplement the current legislation regarding the mandatory admission of regional commissioners as a defender, third party or other interested person to the process if there is a corresponding petition. These proposals have been sent to the Federal Business Ombudsman Boris Titov," Vladimir Golovnev said.

At the same time, Golovnev clarified, the judge's refusal does not cancel further work on the appeal. The opinions of the Commissioner, prepared as part of the trial, form the basis for the protection of entrepreneurs and allow businesses to defend their position in a reasoned manner.

"A vivid example of our work in court can be the story that happened to a Moscow regional  farmer. The trial lasted almost a year. The court process challenged the decision of the municipal administration on the establishment of a public easement in respect of a part of the land owned by the entrepreneur and used for agricultural production.

The court considered our arguments, the arguments of the lawyer, the Ministry of Agriculture and Food of the Moscow Region justified and invalidated the decision of the administration of the Ramenskoye city district. As a result, the public easement in relation to this site was canceled. Thus, 10 thousand livestock of farm birds, about a hundred goats, three camels, from whose wool yarn and handicrafts are made, were preserved," the Business ombudsman said.