The Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev summed up the results of the work for 2022, noting the most common questions that entrepreneurs addressed to him.

Thus, issues related to administrative barriers turned out to be the most widespread by the end of 2022. 36.1% of appeals contained complaints about the establishment of requirements not provided for by law, unlawful refusals to issue permits, approvals or licenses.

For example, the owner of the restaurant, who planned to install a summer veranda on the territory adjacent to the institution in order to increase the number of seats, submitted an appropriate application to the city administration. However, instead of permission, he received a refusal. Repeated appeals to various authorities were unsuccessful.

Only by applying for the protection of the rights and legitimate interests to the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region, the issue was quickly resolved. In a short time, working meetings were held and the necessary documents were prepared, after which the entrepreneur's question was resolved in his favor.

The number of complaints related to the activities of law enforcement agencies has significantly decreased, but, nevertheless, has not lost its relevance. 16% of the appeals concerned with unlawful decisions on the initiation of a criminal case or unlawful refusals to initiate it. Delaying the terms of criminal proceedings, violations by law enforcement officers of the norms of the Code of Criminal Procedure of the Russian Federation, the election of an excessively strict measure of criminal procedural restraint and other issues also decreased.

"A detailed examination of each case is a long and energy–intensive process, in which the Prosecutor's office of the Moscow Region provides us with great assistance," Vladimir Golovnev noted.

Based on the results of consideration of the Commissioner's appeals by the Regional Prosecutor's Office, 37 submissions and 10 demands for the elimination of identified violations of the law were made during 2022.

In addition, 5 officials were brought to disciplinary responsibility; 40 illegal decisions were canceled; red tape on 6 appeals was overcome; 10 unjustified decisions on refusal to initiate criminal proceedings were canceled; 5 criminal cases were initiated by the police; 4 unjustified decisions on suspending the investigation of a criminal case were canceled; one criminal case was returned by the prosecutor's office to the police for additional investigation; in two cases, the property seized during the investigation was returned to the owners.

An enterprise engaged in the transportation of non-hazardous waste has appealed to the business Ombudsman with a complaint about the unjustified seizure by the police during a procedural inspection of vehicles belonging to the organization. As a result of the actions of law enforcement agencies, the company's activities were paralyzed. Despite repeated requests for safe custody, the car was not returned to the owner.

At the request of the Commissioner, the Prosecutor's Office of the Moscow Region conducted an inspection, following which a prescription was made to the head of the police department, and the vehicle was returned to the enterprise.

The third place in the number of complaints received by the Commissioner in 2022 is occupied by violations in the field of land and property relations. 15.4% of the appeals were related to problems in concluding lease agreements for real estate, including these without bidding; complaints about refusals to purchase land plots and other real estate objects into ownership without bidding. A number of appeals contained complaints about the inflated cadastral value of real estate objects, as well as the unjustified establishment of high tax rates for certain types of real estate objects and others.

For example, an entrepreneur rented a land plot in municipal ownership for tire installation, and, having the right to buy it out without bidding, applied to the city administration. However, officials prevented this, citing as an argument that "the established type of permitted use of the land plot does not correspond to the actual one."

At the request of the Business Ombudsman, a prosecutor's check was initiated, the result of which was the submission on the elimination of the violation. The contract of purchase and sale of the land plot with the entrepreneur was promptly concluded.

- Our daily work with relevant ministries and departments allows us to solve the issues of entrepreneurs in the legal field. In almost 77% of all appeals received last year, the rights of entrepreneurs were restored in full or in part," Business Ombudsman Vladimir Golovnev stressed.