Ануш Согомонян
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В общей сложности, за время существования института бизнес-омбудсмены подали 220 исков о привлечении к ответственности должностных лиц за нарушение прав и законных интересов предпринимателей и 564 раза участвовали в делах на стороне предпринимателей в арбитражных судах и судах общей юрисдикции. Также зафиксировано 35 случаев прекращения уголовных дел следствием и 8 случаев отмены приговоров при участии уполномоченных по защите прав предпринимателей. Об этом рассказал на IX Всероссийской конференции уполномоченных по защите прав предпринимателей Уполномоченный при Президенте РФ по защите прав предпринимателей Борис Титов.
Напомним, пять лет назад была введена должность уполномоченного при Президенте РФ по защите прав предпринимателей (Указ Президента РФ от 22 июня 2012 г. № 879 «Об уполномоченном при Президенте Российской Федерации по защите прав предпринимателей»). Одновременно с созданием федерального института по защите прав предпринимателей, в регионах были учреждены собственные институты уполномоченных.
Борис Титов отметил, что за это время уполномоченные также приняли участие в 1114 проверках в отношении субъектов предпринимательства. «В тех случаях, когда они с письменного согласия заявителя принимали участие в выездной проверке, мероприятия органами государственного контроля проводились в совершенно другой атмосфере прозрачности и справедливости. Вместе с тем предстоит проделать еще много работы в части реформирования надзорной деятельности в отношении бизнеса», – отметил бизнес-омбудсмен. Напомним, что участие в проверках уполномоченного является одной из мер защиты, предусмотренных законодательством ( п. 4 ч. 1 ст. 5 Федерального закона от 7 мая 2013 г. № 78-ФЗ «Об уполномоченных по защите прав предпринимателей в Российской Федерации» (далее – Закон № 78-ФЗ).
Какие документы вправе требовать налоговый орган от предпринимателя в ходе выездной налоговой проверки? Узнайте из материала «Порядок проведения выездной налоговой проверки» в «Энциклопедии решений. Налоги и взносы» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Добавим, что программой развития экономики «Стратегия роста», разработанной предпринимательским сообществом с участием уполномоченного, предлагается, например, ограничить число плановых проверок: не более двух в год для субъекта предпринимательской деятельности и не более одного раза в три года одним контрольно-надзорным органом. Сейчас плановые проверки проводятся органом контроля не чаще чем один раз в три года, но без ограничения количества проверок в год в отношении одного субъекта разными органами (ч. 2 ст. 9 Федерального закона от 26 декабря 2008 г. № 294-ФЗ «О защите прав юридических лиц и индивидуальных предпринимателей при осуществлении государственного контроля (надзора) и муниципального контроля».
Кроме того, за пять лет работы бизнес-омбудсменты провели 182 встречи с бизнесменами, отбывающими уголовные наказания в виде лишения свободы. Как сообщил Борис Титов, 2,6 тыс. предпринимателей сегодня находятся в следственных изоляторах. Он полагает, что необходимо внести дополнительные изменения в уголовное и уголовно-процессуальное законодательство с тем, чтобы уголовные дела против бизнесменов возбуждались только с согласия прокуратуры.»Преследование бизнеса остается средством коррупционного давления на предпринимателей и разрешения хозяйственных споров», – подчеркнул Титов. Добавим, что уполномоченные по защите прав предпринимателей вправе без специального разрешения посещать места содержания под стражей подозреваемых и обвиняемых (п. 3 ч. 1 ст. 5 Закона № 78-ФЗ).
Председатель ТПП РФ Сергей Катырин предложил сделать контрольно-надзорную деятельность «более мягкой, легкой и лояльной к бизнесу». Между тем председатель Правления Ассоциации юристов России Владимир Груздев отметил, что для того, чтобы бизнес-омбудсмены смогли работать более эффективно, необходимо наделить институт уполномоченного по защите прав предпринимателей правом законодательной инициативы.
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