BUSINESS OMBUDSMAN INSTITUTE — A TOOL PROTECTION OF RIGHTS AND INTERESTS OF BUSINESS ENTERPRISES

The article describes the state of legal regulation of the protection of the rights and legitimate interests of busi‑ ness entities. The genesis and evolution of the institution Council of the Business Ombudsman in Ukraine are characterized. The authors analyzed the status of the Business Ombudsman Council and characterized the Memoranda signed by it and their pur‑ pose. To date, Memorandums have been signed with the Prosecutor General's Office, the State Customs Service, the State Tax Service, the Security Service of Ukraine, the National Police, the National Corruption Prevention Agency, the Kyiv City State Ad‑ ministration, the Ministry of Ecology and Natural Resources, the Ministry of Justice and others. The composition of the Business Ombudsman Council is characterized, it is noted that only professionals with the highest qualifications and work experience are included in the composition. The person who heads the Business Ombudsman Council is characterized and the features of her appointment to the position are considered. The authors carried out a significant analysis of the composition of complaints that are submitted to the Business Ombudsman Council according to various criteria, namely: by years, by regions, by areas of activity, by origin of capital, by the size of business entities. It was noted that complaints are considered in a timely manner in compliance with the Rules of the Business Ombudsman Council and according to the relevant procedure, which consists of three stages. The deadlines for handling complaints are minimal. Existing cases of refusals to accept complaints for consideration are analyzed. Such cases include: missed the deadline, anonymous complaints, repeated complaints, and also if the possibility of an administrative appeal was not used for this case or a court or arbitration decision has already been made. The fact of an increase in the number of complaints was stated, which is associated with the awareness of business representatives, as well as an increase in confidence in the institution of the Business Ombudsman Council. It is proposed to determine the status of the Business Ombudsman Council at the legislative level by developing and adopting a special law.