What are the most effective ways to protect the rights of entrepreneurs?
Every entrepreneur regularly faces violations of their rights. In a business environment, it is very important to quickly and successfully overcome these obstacles. The question arises: “What is the most effective way to solve this problem?” We will tell about this in the article
All ways of protecting the rights of entrepreneurs can be divided into two groups:
Those methods that are associated with seeking help from the state (courts and other bodies).
Those methods that are not related to seeking help from the state.
Consider the first group in more detail.
Protection of rights through the courts (arbitration and courts of general jurisdiction)
This method consists in the fact that the entrepreneur appeals to the court, which indicates the requirements for the violator of his rights. We illustrate by example. The seller delivered goods worth 1 million rubles, but the buyer did not make the appropriate payment.
The claim sent to the counterparty did not bring any result either: the answer was not received. After that, the seller filed a claim with the buyer for the recovery of the debt to the Arbitration Court and received a positive decision. Further transfer of the judgment to the bailiffs allowed the debt to be returned.
The “plus” of this method is that the execution of decisions taken by the court is ensured by the support of the state power, therefore the guarantee of protection is quite high, and also that the dispute will be considered by the court, even if the other party to the conflict does not participate in the sessions.
The “minuses” include a long term of consideration of the case, which is caused by a large burden on the courts, as well as the necessity of incurring the costly payment of state duty, which can reach a decent amount. But It is worth noting that the costs of paying state duty can be recovered from the offender in the same legal process.
Protection of rights through other state bodies
Such protection consists of the entrepreneur contacting the prosecutor’s office, the police, the FAS, the business ombudsman’s office and other non-judicial bodies to protect his rights.
We give an example of using this method. An entrepreneur engaged in the provision of hairdressing services, noted that a competing company advertises similar services, while using the wording “federal network” in advertising. Such advertising is prohibited by Russian law, since it is unacceptable that it contain direct or indirect approval of goods or services by public authorities. Since such actions of a competing firm violate fair competition, the entrepreneur filed a complaint with the FAS. As a result of its consideration by this body, an order was issued to a competitor company with requirements to stop placing this advertisement.
The “advantages” of this method of protecting business rights include the fact that the requirements of state bodies are backed up by the authorities, their fulfillment is obligatory, and also the fact that its use does not require payment of a state duty (simply complaining about this or that violation).
The “cons” can be attributed to the long period of consideration of complaints. In particular, the long term is due to the fact that very often an entrepreneur contacts a body that is not authorized to consider this category of cases and is forced to redirect the appeal to another competent authority, and this takes a long time.
Now consider the second group
Appeal to the arbitration court
The arbitral tribunal is essentially the same court, but it is non-state. An entrepreneur may apply to him when an arbitration agreement has been concluded between him and his counterparty to transfer the dispute to the arbitration court.
The “advantages” of this method are the cheapness and speed of the decision being made.
The big “minus” is that it is not well supported by the state power: the other party to the conflict may cancel the decision of the arbitration court through the state arbitration court. Therefore, there is no guarantee that the dispute will be completed here completely.
This method consists in affixing a notary to the executive inscription on the document establishing the debt. Such an inscription can be put not on all documents, but only on specific ones:
transactions that are notarized;
other documents, the list of which is enshrined in the Decree of the Government of the Russian Federation No. 543 of June 1, 2012.
Subsequently, the document with the signature is submitted to the bailiffs, who, on its basis, begin the enforcement proceedings.
The “plus” of this method is the speed of solving the problem: bypassing the court, you can get a notary’s inscription and immediately go to the bailiffs.
The “minus” of this method is that the other party can simply dispute such an inscription, in connection with which the conflict will have to be transferred to court.
Sending claims to counterparty
This method, in fact, is self-defense: the demand is sent to the violator not by a government agency, but by the entrepreneur himself.