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Business Duty Officer

How to protect the rights of the self-employed

How to protect the rights of the self-employed

People's deputies of the State Duma of the Russian Federation proposed expand the powers of the business ombudsman. They need to be extended to the self-employed., deputies believe.

"Because, that self-employed citizens also, like entrepreneurs, systematically receive income from their activities, their activities are risky. In this case, the activities of self-employed citizens should also be subject to measures of state protection of their rights and legitimate interests., – stated in the explanatory note to the bill, which was introduced to the State Duma by deputies from the faction “United Russia” led by Natalia Kostenko.

The document is placed in the electronic database of the lower house of the national parliament.

This topic for our publication was commented by the head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts of "Business Russia", Associate Professor, RANEPA, ambassador “business officer” Ekaterina Avdeeva:

– Given the dynamic growth in the number of self-employed almost to 6 million people in 2022 year, according to the statement of the First Deputy Prime Minister of the Russian Federation Andrey Belousov, the institution of self-employment occupies an increasingly important place both in the business environment, as well as in the social and economic arena. In this regard, the proposal to extend measures of state protection of rights and legitimate interests to such persons is of particular relevance..

It is important to understand, that today self-employment can be perceived as a launching pad for new industries. The simplified regime allows persons not only quite legally to carry out "primary", related to business activities, but also to assess their financial and legal capabilities with a view to subsequent scaling and transition to general taxation.

The most demanded at the zero stage of entrepreneurship may be not so much the issues of protecting interests, how much explanatory work and interaction with the state. Besides, self-employed will be able to get a tool to communicate their problems and needs to the regional and federal levels and, thus, influence the formation of state policy in relation to entrepreneurial activity.

On the other hand, doing research in this area, I can't help noticing, that the institution of self-employment does not fully possess the characteristics of entrepreneurial activity in order to, to single out these subjects in a special category, including for the application of special protection measures during the investigation of crimes. When arguing this position, emphasis should be placed on the socially and economically determined functions of business entities.: job creation, replenishment of the budget, development of innovative developments and productions, – which the self-employed do not have.

More than that, the self-employed are already in a more privileged position in the tax coordinate system. Common cases, when this status is used to carry out the activities of a freelancer, which was previously regulated by civil law contracts with the state receiving large deductions from such a person in the form of personal income tax and other taxes, paid by the employer. From this point of view, the expansion of the powers of regional business ombudsmen in terms of protecting the rights and legitimate interests of the self-employed may lead to the risk of creating an additional burden of tasks, which, in fact, lie outside the business.

Thus, it seems appropriate to define some conditions for the integration of the self-employed in the area of ​​competence of authorized. For iexample, the possibility of circulation before the expiration 1 years since self-employment. Seems, that this period will be sufficient to distinguish between persons at the zero stage of entrepreneurship and freelancers exploiting this status. In the future, such a measure will support the development of entrepreneurship in the legal field from the moment the idea is generated and launched., form a sustainable model of consistent growth with the opening of an individual entrepreneur or a legal entity and prepare a new generation of businessmen, which, in cooperation with SMEs and large businesses, perform important functions for society and the economy.

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