The institution of mandatory requirements as a measure to protect public and private interests

The right to engage in entrepreneurial and other economic activities is an inalienable constitutional right, the exercise of which should not violate the rights and freedoms of others. The federal legislator has the right to establish conditions for the implementation of entrepreneurial activities aimed at coordinating private economic initiatives with the interests of other persons and society as a whole. Among the conditions for carrying out entrepreneurial activity are mandatory requirements, which are covered by the Federal Law of July 31, 2020. No. 247-FZ "On Mandatory Requirements in the Russian Federation". In the legal literature, the issue of the types of normative legal acts in which mandatory requirements for entrepreneurial activity can be fixed is debatable. Based on the analysis of the provisions of the Constitution of the Russian Federation and the decisions of the Constitutional Court of the Russian Federation, the author concludes about the types of such acts. In the doctrine, a number of authors consider the institution of mandatory requirements as a measure to protect public interests and refer it to administrative law. The article refutes this thesis and proves that this institution is simultaneously aimed at protecting the private legal interests of third parties and the economic interests of entities engaged in entrepreneurial and other economic activities. This conclusion is made on the basis of an analysis of the principles, as well as the conditions for establishing mandatory requirements for entrepreneurial activity. In addition, in the article, the author draws attention to a very general definition of mandatory requirements, which does not meet the principle of certainty; taking into account the content of Federal Law No. 247, he formulated the author's definition of mandatory requirements. Mandatory requirements - these are the requirements contained in regulatory legal acts that are related to the implementation of entrepreneurial and other economic activities, including conditions, restrictions, prohibitions, duties, persons obliged to comply with them, objects of establishing mandatory requirements, forms of assessing compliance with mandatory requirements (state control (supervision), municipal control, bringing to administrative responsibility, providing licenses and other permits, accreditation, product conformity assessment, other forms of assessment and expertise), and which are established solely for the purpose of protecting life, human health, morality, the rights and legitimate interests of citizens and organizations, non-harm (damage) to animals, plants, the environment, national defense and state security, cultural heritage sites, and the protection of other legally protected values. The author declares no conflicts of interests.

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