INSTITUTIONAL AND ADMINISTRATIVE-LAW FRAMEWORK FOR EXTRAJUDICIAL PROTECTION OF BUSINESS ENTITIES IN THEIR RELATIONS WITH PUBLIC ADMINISTRATION

Abstract

This article examines the administrative and legal framework governing the system of subjects exercising extrajudicial control over public administration in the field of entrepreneurial activity in Ukraine. The relevance of the topic is determined by the growing importance of ensuring effective protection of business entities in their interactions with public authorities under conditions of administrative reform, digital transformation, deregulation, and European integration. Particular attention is devoted to the role of non-judicial mechanisms capable of ensuring prompt, accessible, and procedurally flexible protection against unlawful administrative decisions, actions, or omissions. The study conceptualizes extrajudicial control as an autonomous administrative-law institution comprising a system of institutional and procedural mechanisms, including internal administrative review, administrative appeal, the Business Ombudsman, participatory oversight, and alternative dispute resolution instruments. It is argued that the effectiveness of these mechanisms depends not only on their formal legal existence but also on institutional independence, procedural accessibility, legal certainty, digitalization, transparency, and public trust. The article identifies the principal systemic weaknesses of the current Ukrainian model, including fragmented legal regulation, overlapping institutional competences, weak procedural standardization, limited enforceability of certain complaint mechanisms, insufficient digital integration, and low awareness among business entities regarding available remedies. The scientific novelty of the study lies in the doctrinal conceptualization of extrajudicial control in entrepreneurial governance as an independent administrative-law institution and in the development of a classification model of the relevant subjects according to legal nature, competence, institutional independence, legal consequences, and procedural mode of operation. The practical significance of the research lies in the possibility of applying its conclusions to improve legislation on administrative procedures, complaint mechanisms, business protection institutions, mediation, and the digitalization of administrative remedies in accordance with European standards of good administration and good governance (Council of Europe, 2007; European Commission, 2023).