The dissertation provides a theoretical generalization and proposes a new solution to the scientific task consisting in a comprehensive study of the administrative and legal mechanism for the realization and protection of the rights of business entities in the public law sphere. The legal nature, content, structure and place of this mechanism in the system of public administration are defined, and proposals are formulated for improving legal regulation and the practice of public administration bodies in the relevant sphere.
It is established that the rights of business entities in the public law sphere have the nature of subjective public rights that arise and are exercised within administrative legal relations and are aimed at ensuring the proper conduct of public administration in its interaction with business. Their content is revealed through legally guaranteed requirements addressed to public authorities concerning the lawful, timely, reasoned, proportionate and impartial resolution of administrative cases related to entrepreneurial activity.
The administrative and legal mechanism for the realization and protection of the rights of business entities is revealed as a systemically organized set of administrative law norms, institutions, procedures, forms and means of activity of public administration bodies aimed at ensuring the actual exercise, safeguarding and restoration of the rights of business entities in public law relations. It is determined that the structure of this mechanism includes normative, institutional, procedural, instrumental and guarantee-protective blocks, the coordinated functioning of which ensures the transition from the formal recognition of a right to its actual realization and effective protection.
The concept of the European matrix of the quality of public administration in the field of entrepreneurship is formulated. It includes the standards of legality, legal certainty, proportionality, reasonableness, timeliness, impartiality, the right to be heard, access to case materials, proper reasoning of decisions and the effectiveness of remedies. This matrix is considered as a benchmark for assessing the quality of administrative activity in relations between the state and business.
Administrative procedures and forms of activity of public administration bodies in the entrepreneurial sphere are characterized, in particular permit, licensing, registration, control and service procedures. It is emphasized that their proper legal certainty, transparency and reproducibility are necessary conditions for limiting administrative discretion, reducing the risks of arbitrary interference in entrepreneurial activity and improving the quality of administrative decisions.
Administrative and legal guarantees and means of protection of the rights of business entities are identified. Among them, an important place is occupied by administrative appeal, judicial control, procedural safeguards, requirements for the reasoning of administrative acts, compliance with time limits, access to case materials and the responsibility of public administration for unlawful decisions, actions or inaction.
Directions for improving legal regulation, administrative procedures and managerial practices in the field of realization and protection of the rights of business entities are proposed. Special attention is paid to the digitalization of administrative procedures, the formation of an electronic procedural trail, the development of a risk-based approach to state control, strengthening the effectiveness of administrative appeal and implementing European standards of good administration under martial law.
