Prosecutor's Supervision over the Legitimacy of Securing Entrepreneurship and Enforcement of the Rights of Entrepreneurs

By its legal nature, prosecutor's supervision over the legality of entrepreneurship and security of the rights of entrepreneurs has a comprehensive universal character. On the one hand, it is part of supervision over the implementation of laws ("general supervision"); on the other, it is an integral part of supervision over the observance of the rights and freedoms of a person and citizen in the sphere of ensuring the realization of the constitutional right of citizens to entrepreneurial activity. The complex sectoral nature of supervision determines its specificity: in terms of supervising over the legality of business support, it is carried out in a general manner; in terms of ensuring the legality of the legal status of entrepreneurs in an initiative one. In this regard, the subject of prosecutor's supervision is determined based on the provisions of Articles 1, 21 and 26 of the Law on the Prosecutor's Office and on other laws regulating entrepreneurial activity; it covers the supervision of public (mainly state and municipal) regulation and protection of entrepreneurial activity, as well as the security of the legal status of persons engaged in entrepreneurship. It is important to emphasize that the legitimacy of entrepreneurial activity itself in terms of its direct implementation remains outside of prosecutor's supervision since, according to the current laws, it relates to economic activity and is carried out by citizens and other entities at their own risk by the principles of disposition. The universality of prosecutor's supervision over the legitimacy of securing business activities and the observance of the rights of entrepreneurs lies in the fact that the prosecutor uses the full range of legal capabilities of the prosecutor's office provided not only by the Law on the Prosecutor's Office, but also by other laws. The specific toolkit is very wide and includes supervisory, administrative, procedural and other powers of the prosecutors. The prosecutor's supervision over the legitimacy of the security of entrepreneurship and the observance of the rights of entrepreneurs is based on the general principles of organizing prosecutor's supervision in relation to specific areas of state and other socially significant activities.

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