Public-legal responsibility of the state for unlawful control and supervision in the field of entrepreneurship

the article examines the problem of public legal responsibility of the state for unlawful control and supervision in the field of entrepreneurial activity. The purpose of the work is to identify systemic contradictions in the regulatory framework, analyze the practice of their application, as well as evaluate the effectiveness of existing guarantees for business protection. The research is based on a comprehensive approach that includes an analysis of the provisions of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation, and Federal Law No. 248-FZ "On State Control (Supervision) and Municipal Control in the Russian Federation." Special attention is paid to specific articles regulating the issues of compensation for harm and procedural appeal, which makes it possible to identify weaknesses and uncertainties in law enforcement practice. The article uses statistical data from the Ministry of Economic Development of the Russian Federation and the Prosecutor General's Office of the Russian Federation, which gives the study an empirical basis and confirms the conclusions about the extent of persistent violations. The results of the analysis show that the existing model of pre-trial and judicial appeals, as well as existing mechanisms for compensation for harm, do not always ensure timely restoration of violated rights of entrepreneurs. The practical significance of the study lies in the possibility of using its findings to improve legislation, including clarifying standards for the admissibility of control measures, consolidating presumptions of causation and flexibly regulating the pre-trial appeal procedure. This will improve the balance of interests between the state and business, improve the investment climate and strengthen trust in the legal system.

public law liability, state control, entrepreneurship, supervision, compensation for harm, pre-trial appeal, law enforcement practice, legal protection, tort