FOREIGN EXPERIENCE IN EXTRAJUDICIAL OVERSIGHT OVER THE ACTIVITIES OF PUBLIC ADMINISTRATION ENTITIES IN THE FIELD OF ENTREPRENEURIAL ACTIVITY: THE CASE OF EU MEMBER STATES

Abstract

This scientific publication is devoted to the study of foreign experience in extrajudicial oversight over the activities of public administration entities in the field of entrepreneurial activity, using the example of the Federal Republic of Germany and the French Republic, as well as to determining the possibility and expediency of implementing relevant positive experience into national legislation and legal practice. It is noted that in the countries of the European Union, extrajudicial oversight is regarded as an important element of the system of democratic restraint of administrative power through mechanisms of administrative appeal, the activities of ombudsman institutions, specialized supervisory bodies, parliamentary oversight, independent regulatory authorities, mediation procedures, and consultative instruments, which make it possible to ensure prompt, accessible, and less costly protection of the rights of business entities compared to judicial procedures. European practice demonstrates that effective extrajudicial oversight not only contributes to the timely identification and elimination of violations in the activities of public administration entities, but also serves as an important instrument for improving the quality of administrative decisions, preventing bureaucratic arbitrariness, reducing the administrative burden on business, and fostering trust in public institutions. It is concluded that the most appropriate areas for the implementation of positive foreign experience (in particular, that of the Federal Republic of Germany and the French Republic) should include: further development of the institution of administrative appeal according to the German model as a genuine rather than merely formal instrument of administrative self-control; strengthening the mandatory requirement for proper reasoning of administrative acts; institutionalization of the principle of mandatory hearing of the interested person prior to the adoption of an adverse decision; development of independent specialized supervisory and regulatory bodies with a high degree of functional autonomy; establishment of a specialized extrajudicial mechanism for the protection of the rights of business entities by analogy with the French institution of business mediation; introduction of more flexible mediation and conciliation procedures in relations between business and public administration; as well as further digitalization of administrative procedures, which would contribute to increasing the accessibility and transparency of extrajudicial oversight.