This article reveals gaps in administrative law counteraction to business entity seizure, suggesting improvements.
The article studies the peculiarities of formation of the modern vector for improvement of the administrative and legal mechanism for counteracting the seizure of business entities in the State policy of protection of rights and legitimate interests of such entities in the economic and legal space of our State. The author identifies the gaps in scientific and analytical research on determining the ways of administrative and legal counteraction to such a takeover in the current context of global challenges for the national economy and Ukrainian society. It is determined that the state of security of a business entity should be considered as the existence in the State of a system of effective administrative and legal means (mechanisms) for realization of its rights and legitimate interests. The protection procedure should be a targeted impact of administrative law provisions on these relations with a view to ensuring the rights, freedoms and legitimate interests of individuals and legal entities which are to some extent related to such an entity. The author examines the vector of development of relations of public law counteraction to seizure of business entities established in foreign countries and establishes the existence of a set of strategic operational measures aimed at both neutralizing the causes which form the phenomenon under study and reducing the negative consequences. The foreign priority is the possibility of protecting legitimate interests and returning property to the victim quickly and legally.и The author identifies the vectors of counteracting registration raiding during the special period of martial law, and also proposes to expand the powers of the Business Ombudsman Council and intensify the human rights activities of public associations by amending the Regulations on the Business Ombudsman Council (an advisory body of the CM of Ukraine) with regard to: 1) expanding the structure of regional and delegated mediators of the BOC to control the work of public administration bodies in counteracting the seizure of a business entity; 2) establishing a public council under the Business Ombudsman consisting of representatives of lawyers’ associations to ensure more competent consideration of complaints from business entities. Other proposals were made to improve the legal acts regulating the relations of counteracting the takeover of a business entity.
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O. V. Shyshkin (2025) studied this question.
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