• Legal regulation economic relations
  • Economic relations as a subject of legal regulation
  • Concept and signs entrepreneurial activity
  • Economic law and its sources
• Legal status of subjects of entrepreneurial (economic) activity
  • Ownership and other real rights
  • Legal entities
    • Types of legal entities
    • Creation, reorganization and liquidation of legal entities
  • Individual entrepreneurs
  • Insolvency (bankruptcy) of business entities
    • The procedure for considering bankruptcy cases in an arbitration court
    • Observation
    • Financial recovery and external management
    • Bankruptcy proceedings and settlement agreement
• Legal regulation contractual relations in the field of economic activity
  • General provisions of the contract
  • Certain types of contracts
    • Supply contract
    • Lease contract
    • Work agreement
• Economic disputes
  • Concept and types of economic disputes. Pre-trial procedure for their settlement
  • Consideration of economic disputes in arbitration courts
• Labor law as a branch of law
  • Subject and structure of labor law
  • Sources of labor law
  • Labor relationship
• Legal regulation of employment and employment
  • Legislation of the Russian Federation on employment and employment. Government bodies employment
    • Concept and forms of employment
    • Legal status of the unemployed
    • Professional education unemployed
• Employment contract
  • Employment contract: concept, content, types
  • Conclusion employment contract. Registration of employment
  • Change of employment contract
  • Termination of an employment contract
• Working time and rest time
  • Work time
  • Time relax
    • Vacations
• Wage
  • Concept and systems wages
  • Legal regulation of wages
  • Tariff system. Allowances and surcharges
  • Procedure for payment of wages
• Labor discipline
  • Concept and methods of ensuring labor discipline
  • Disciplinary responsibility
• Material liability parties to the employment contract
  • Concept, conditions and types of financial liability
  • Financial liability of the employee to the employer
• Labor disputes
  • Consideration of individual labor disputes in KTS
  • Consideration of individual labor disputes in the courts
  • Collective labor disputes
    • Conciliation procedures
    • Exercise of the right to strike
• Administrative offenses and administrative liability
  • The concept of administrative law. Its subject and method
  • Administrative responsibility
  • Administrative offense
  • Administrative penalties
  • Proceedings in cases of administrative offenses

Concept and signs of entrepreneurial activity

In conditions market economy The bulk of economic relations are made up of relationships that develop in the process of carrying out entrepreneurial activities. Let's look at what it is.

The definition of entrepreneurial activity from the point of view of the law is given in Art. 2 Civil Code RF. In accordance with this article, entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law.

From this definition, the following characteristics of entrepreneurial activity can be identified:

1. independence;
2. focus on systematically generating profit;
3. risky nature;
4. registration in accordance with the procedure established by law of persons carrying out this activity.

Let's look at these signs in more detail.

Independence as a sign of entrepreneurial activity includes organizational independence and property independence of the entrepreneur.

Organizational independence is manifested in the fact that the entrepreneur himself - without any instructions “from above” - decides what and how to produce, from whom to purchase the necessary raw materials and supplies, to whom and at what prices to sell the manufactured products, etc.

Property independence presupposes that the entrepreneur has a separate, i.e. it is the property that belongs to him, which he uses in carrying out business activities. Such property is not always the property of the entrepreneur. There are business entities that own property under the right of economic management or the right of operational management (this will be discussed in more detail in the next chapter of the textbook). An entrepreneur can own some part of the property, for example, on a lease basis. But in any case, the entrepreneur has the opportunity to independently use such property.

The property independence of an entrepreneur is the basis of his organizational independence.

Risky nature entrepreneurial activity is that it does not always give the expected results. Due to a variety of reasons, both subjective (mistakes, miscalculations of the entrepreneur) and objective (changes in market conditions, default, natural disaster) an entrepreneur may not only fail to receive the planned profit, but also go bankrupt and fail. It was the risky nature of entrepreneurial activity that led to the emergence of the institution of insolvency (bankruptcy) in civil law.

Focus on systematically generating profit- perhaps the most significant sign of entrepreneurial activity. And from the point of view ordinary consciousness, and from the point of view of science, entrepreneurial activity is, first of all, an activity whose goal is to make a profit. Other signs of entrepreneurial activity are: in a certain sense secondary, derived from a given characteristic.

It should be borne in mind that from the point of view of the law, in order to qualify an activity as entrepreneurial, it is not necessary that a profit was actually received as a result of its implementation. The only thing that matters is the goal and the focus on achieving it. Whether there will actually be a profit or not is important for resolving other issues, in particular taxation issues.

On the other hand, to be considered entrepreneurial, the activity must be aimed not just at obtaining, but at systematically obtaining profit, i.e., be carried out more or less regularly. Therefore, transactions aimed at one-time profit cannot be considered as entrepreneurial activity.

As for such a sign of entrepreneurial activity as registration of persons carrying out this activity (state registration), it is not always included among the main ones. Some authors consider it as formal, pointing out that if the other three signs listed above are present, the activity will be considered entrepreneurial, even if it is carried out without registration. This view of state registration as a sign of entrepreneurial activity is not entirely correct.

Indeed, from the point of view of the economic content of entrepreneurial activity, the presence or absence of state registration is not significant. But from a legal point of view, this feature is very significant. In its absence, there will be illegal business- an offense for which administrative and, under certain conditions, criminal liability is provided.

And one more important note. Entrepreneurial activity, being dominant in a market economy, does not exhaust the entire economic life of society. As we will see later, among economic entities there are those for which entrepreneurial activity is of secondary importance (for example, foundations, religious organizations), and those that do not carry out entrepreneurial activities at all, while being participants in economic legal relations (many housing construction, garage cooperatives, etc.).

This means that the concepts of “entrepreneurial activity” and “economic activity” are not identical even in market conditions. The second concept is broader and includes the first as part. Therefore, in a number of cases - if the subject of conversation is not specifically limited to entrepreneurial activity - it is more correct to talk about subjects of economic rather than entrepreneurial activity, about economic rather than entrepreneurial legal relations, about economic rather than entrepreneurial law.

It's no secret that only entrepreneurial activity can bring the greatest profit to a person. This involves a high level of risk, because, as a rule, it is carried out exclusively at the expense of one’s own funds. The main task of such an enterprise is to extract maximum benefits from the investments made.

Of course, entrepreneurial activity is a process that involves the provision of services or the performance of work, as well as the production of any goods. However, current legislation provides for a procedure for registering any enterprise with specialized government bodies. To do this, you must submit an application indicating a specific one. It is possible to select several areas, so that in the future, when expanding your business, you do not have to collect documents to make the appropriate changes. To make it easier for a manager to make a choice, an all-Russian classifier has been compiled, dividing production into types according to economic criteria.

Entrepreneurial activity is work aimed at increasing one’s own investments in the process of selling goods or certain services. It can be performed by both an individual citizen and a legal entity. In the first case, registration is carried out individual entrepreneur, and in the second, a specific organizational and legal form is noted. The owner of the organization takes full responsibility for possible losses, because a high level of risk determines the likelihood of failure to fulfill its obligations to counterparties. Then the manager may lose not only the amount of funds he invested in the business, but also part of his personal property.

Exist different kinds and forms of entrepreneurial activity that are mandatory indicated upon receipt of the enterprise in the public service. The government actively regulates the activities of certain organizations, adopting new legislative acts and introducing certain amendments to existing existing laws. The most clear way to imagine the influence of the state on business is through tax system. Indeed, when certain objects of business activity require development and improvement, the government reduces the cost of this industry, which makes life much easier for organizations operating in the area in question.

Entrepreneurial activity is an activity that is subject to certain characteristics and principles. First of all, to start any organization, it is necessary to have property independence, that is, buildings and equipment, owned or leased. At the same time, the principle of independence is manifested in the ability to make independent decisions regarding business development. And, of course, such activity is characterized by risk. Moreover, it is worth understanding that the higher the level of risk, the greater the profit you can get in the future.

There are more simple types entrepreneurial activities that require a minimum set of knowledge and small investments, for example, commercial or consulting. Along with them, there are more complex types of business operating in the industrial, financial or insurance environment. Also, entrepreneurship can be sole and joint, public and private.

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Classification of entrepreneurship by type of activity

The key criterion for classifying the commercial activities of businessmen is their occupation.

It is customary to distinguish the following types of entrepreneurship:

• based on production activities;
• based on activities related to finance;
• based on trading activities;
• built on the provision of intermediary services;
• based on the provision of advisory assistance;
• related to insurance.

This classification is based on the principle that each business is associated to a greater extent with a certain stage of the production cycle. For example, someone produces a product and another distributes it. From the presented list of classifications, there is an item that has appeared in Russia and the world quite recently - this is consulting.

Entrepreneurship and examples of its main types

Manufacturing Entrepreneurship

This type of business is basic and most important for the economy of any country. Here things, values, goods and many other useful products are created that can be sold or exchanged on the market. The production of material and intellectual goods forms the basis of this type of entrepreneurial activity.

Manufacturing business is:

• creation of industrial and agricultural products;
• execution of construction operations;
• transportation of passengers;
• cargo transportation;
• provision of communication services;
• utilities and household services;
• information production;
• education;
• printing, etc.

Building bussiness Private school Production of agricultural products Production of dairy products

Stages of manufacturing entrepreneurship:

1. Market research and analysis.
2. Purchase or rental of fixed assets (premises and equipment).
3. Purchase working capital(materials, raw materials and components).
4. Hiring labor.
5. Organization of management.
6. Organization of the production process.

The finished product can be sold to the end consumer directly by the entrepreneur himself or through an intermediary. The main task of a businessman is to build a business in such a way that capital investments pay off as quickly as possible and the main commercial goal of the project is achieved.

The brakes on the development of this type of entrepreneurship in Russia are:

• risk of non-sale of the finished product;
• high taxes and fees;
• inaccessibility of many resources;
• high energy tariffs;
• availability of alternative and less risky sources of income;
• high competition from foreign manufacturers (both in price and quality);
• low qualifications of future businessmen, etc.

To prevent the risk of non-sale of a product/service, an entrepreneur must establish distribution channels. It is advisable to enter into contracts for the sale of products with regular partners and/or organize your own distribution network.

Commercial entrepreneurship

Characteristics of commercial entrepreneurship:

• field of activity – trading enterprises and commodity exchanges;
• based on transactions and purchase/sale transactions of various products;
• for commercial production, it is not material resources that are acquired, which is typical for the production type, but finished goods, for its sale to consumers;
• mobility and flexibility in relation to customer needs;
• For the development of trade entrepreneurship, two key conditions must be met: stable demand for the products sold and low purchase price.

This area of ​​business actively attracts individual entrepreneurs. This is largely due to the fact that in trading you can count on quick returns. Also in this industry, minimal requirements are imposed on entrepreneurs; they are not required to have special knowledge or large capital investments.

The video is dedicated to the description of five current ideas in the field of trade for 2019 for small businesses. Filmed by the channel: “HelloBoss”.

Today, along with small and medium-sized businesses, large trading enterprises are increasingly being founded. They are focused primarily on organizing wholesale and retail sales in branded retail outlets throughout Russia.

Prominent representatives of large retail chains are:

• El Dorado;
• M Video;
• Media Markt;
• Kopek;
• Pyaterochka;
• Magnet;
• Crossroads, etc.

Many owners of such networks are included in the list of the richest people Russian Federation. The profitability of a business in trade on average varies from 20 to 30 percent, and in production – 10–15 percent.

A commodity exchange is a type of wholesale food market, where preliminary inspection by buyers of samples of consignments of goods is not provided. Here commercial intermediaries and their representatives work together and on a voluntary basis, where trading operations are carried out according to established rules.

Most often they can be found when selling the following products:

• assorted grain;
• textile raw materials;
• coal;
• oil;
• metals;
• animals and meat;
• forest, etc.

Around the world, approximately 20 percent of international trade turnover is realized at these sites. There are about 150 trading exchanges in Russia.

The most famous commodity exchanges:

• London - sale of non-ferrous metals;
• Liverpool - sale of cotton;
• New York - sale of coffee, cocoa and sugar;
• Singapore – sale of rubber.

Key functions of commodity exchanges:

• assistance in concluding trade transactions;
• assistance in resolving trade disputes;
• regulation and control of commodity trade;
• systematization and provision of information on prices and other factors influencing prices.

Stages of organizing commercial activities:

1. Hiring employees who will perform such trade and intermediary services as purchasing goods, transporting them, selling them, marketing promotion, and processing documents.
2. Selection of premises for organizing a retail outlet and warehouse, and concluding a lease agreement or completing a purchase and sale transaction for a real estate property.
3. Purchase of products for sale.
4. Raising borrowed funds to finance the transaction.
5. Receiving services from third-party organizations performing intermediary functions and paying for them.
6. Searching for information for planning, regulating and executing a transaction.
7. Sales of products to customers.
8. Receiving income.
9. Paying taxes and making other payments to federal and municipal financial authorities.
10. Return of borrowed capital and repayment of interest for its use.

In order for a trading business to bring the expected income, it is important to know for sure that there is demand for the product offered for sale in the local market. To study consumer needs, their satisfaction, level of competition, etc., it is necessary to conduct professional marketing research.

Financial Entrepreneurship

The financial component is present in both industrial and commercial businesses, but at the same time it can be completely independent. For example, banking or insurance activities.

Characteristics of financial entrepreneurship:

• field of activity – circulation and exchange of values;
• the average rate of return is 5-10 percent;
• The main field of activity is stock exchanges, credit institutions.

The following are traded on the financial market:

• short-term, medium-term and long-term loans/loans;
• short-term, medium-term and long-term deposits;
• currency;
• securities.

Medium- and long-term products are sold and purchased in the capital market, and short-term products are sold and purchased in the money market.

In its own way, financial entrepreneurship is a subtype of commercial entrepreneurship, since it involves the purchase and sale of money, currency and securities. Here, one money is exchanged for another, either directly or indirectly. Organization approach financial enterprise similar to that described for commercial. The main difference lies in the object of sale. A businessman who wants to operate in this market must begin by conducting a thorough analysis of the monetary and financial markets and marketing research.

Forms of financial business:

1. Issue of securities into circulation. These can be stocks or bonds, as well as banknotes.
2. The acquisition by an entrepreneur of securities for the purpose of their subsequent resale at a favorable rate.
3. The deal is active. It involves the immediate and indefinite placement of one’s assets, as well as the transfer of securities or money for storage.
4. Commodity versus futures trade. The futures contract passes from the buyer to the seller in exchange for title to the actual product.
5. The transaction is arbitrage. It represents the simultaneous purchase and sale of securities in order to profit from the difference in rates through exchange centers.
6. Banknote transaction. Here, cash is sold for non-cash transactions, with a small commission charged as a transaction fee.
7. Other transactions. This form of business includes an exchange transaction, as well as exchange cash, closing, contact and credit.

Business in the financial and credit environment requires special knowledge and experience from the entrepreneur. Otherwise, it will be extremely difficult to achieve success. This is one of the most complex species entrepreneurship in the world, historical roots which comes from usury.

The entrepreneurial activities of financial market participants are regulated by general and special legislative acts, as well as regulations of the Central Bank of the Russian Federation and the Ministry of Finance of the Russian Federation.

Advisory Entrepreneurship

Consulting entrepreneurship belongs to the tertiary sector of the economy, which has been actively developing throughout the world over the past two decades.

Consulting involves provision on a commercial basis professional advice and assistance on narrow issues of enterprise management (for example, personnel, finance, promotion). In addition to consultation, the client receives assistance in identifying and assessing the problem, as well as recommendations for solving it.

The services of consulting companies are mainly used by:

• small businesses;
• medium enterprises;
• large enterprises.

The range of consulting services is very diverse; there are a total of 84 types of operations.

Small and medium business Most often interested in consultations in the areas of:

• audit;
• marketing;
• taxation;
• accounting;
• jurisprudence.

Large businesses are primarily interested in the following questions:

• company development strategies;
• optimization organizational structure management;
• financial management;
• promotions;
• application of information technology.

Methods of consultation:

1. Expert. This is a passive consulting method, where a specialist independently conducts diagnostics, develops solutions and recommendations for their use. The client will be required to provide the consultant with the necessary information.
2. Process. Here consultants interact with the customer at every stage of project development.
3. Educational. The goal of the consulting firm’s specialists is to train the client, who will subsequently be able to independently develop solutions to emerging problems. Training is carried out through lectures, seminars, and tutorials.

In the Russian Federation today there are only a few hundred consulting companies operating. Moreover, for example, in Holland there are more than 2000 of them.

Briefly, the process of implementing a consulting project is as follows:

1. An application is received from a client.
2. Contact is established with the customer.
3. Input information is obtained from the client on the issue of interest.
4. The situation, trends and essence of the problem are determined.
5. A proposal to solve the problem is being developed.
6. A work schedule is being formed.
7. Legal documents are drawn up.
8. A report, recommendations or organizational action plan is generated.

Intermediary business

Business in the intermediary sphere does not involve the production and sale of products. The entrepreneur acts as a link in the exchange of goods, money or commodity-money transactions.

An intermediary can be a legal entity or an individual.

Types of intermediary entrepreneurship:

• wholesale supply and distribution companies;
• brokers;
• dealers;
• distributors;
• exchanges;
• credit organizations.

Insurance business

The essence of the insurance business is that a businessman, within the framework of the law and the contract concluded with the client, guarantees compensation for harm to the policyholder.

This harm can occur under certain circumstances and is associated with loss or damage to:

• property;
• health;
• values;
• life, etc.

After concluding an insurance contract, the client pays a fee. The businessman receives income, which is the difference between all insurance payments made and all payments for insured events for the period.

Main types of risk of insurance companies:

1. Market risk. It is associated with the likelihood of possible losses or failure to receive planned profits as a result of unfavorable changes in market prices.
2. Liquidity risk. The danger for the company lies in the lack of market liquidity.
3. Credit risk. Losses due to improper performance of obligations by the other party to a financial transaction.
4. Operational risk. May be caused by errors in the company's management system during trading operations.

Classification of entrepreneurship by form

Entrepreneurship can be classified according to the number of owners and types of ownership.

Forms of entrepreneurship by number of owners

Depending on how many people own the company, the following forms of entrepreneurial activity are distinguished:

• individual;
• collective;
• corporate.

Individual entrepreneurship

This is the primary and simplest form of any business. Individual entrepreneurship provides for a situation where the ownership of the company belongs to only one person. This form of business does not have the status of a legal entity.

Key advantages of individual entrepreneurship:

• complete independence;
• efficiency and freedom in management;
• flexibility and sensitivity to demand;
• the opportunity to start a business with a small start-up capital;
• preferential taxation.

Most often, enterprises of this type are created in the trade sector. A businessman can hire staff, but in a limited number, no more than twenty people.

Collective entrepreneurship

Collective entrepreneurship involves a situation where the ownership of a company belongs to two or more people. The share of each participant depends on their material contribution to the common cause. If in constituent documents shares are allocated, then this property is called shared. Joint ownership arises in a situation where the shares of each participant are not determined.

Collective ownership involves joint decision-making, ownership, disposal and use of the company's property.

Well-established forms of collective business activity in the world:

• business societies;
• business partnerships;
• joint stock companies.

The Russian Civil Code describes legal status each organizational form.

Today, joint ventures occupy a dominant position in large and small businesses.

Corporate Entrepreneurship

In the modern world, enterprises of different organizational forms are increasingly uniting to protect joint commercial interests. They coordinate their work, which leads to increased efficiency of the overall business. At the same time, cooperating firms do not lose their independence and legal status, and relations are built on a contractual basis.

Types of corporate entrepreneurship:

1. Concerns. This is the interaction of enterprises for joint activities on the basis of voluntary centralization. They can perform scientific, technical, production, social, financial, environmental and foreign economic functions. Concerns can be both diversified and diversified, not involving attachment to a specific type of economic activity.
2. Economic associations. They are also commonly called foundations or unions. An association is a contractual association of enterprises and organizations for the purpose of jointly carrying out one/several functions of a production and economic nature. This format of activity imposes less stringent restrictions on participants than those assumed by the concern.
3. Consortia. They are created for a period of time until the task for which the enterprises united is solved, and after that the union ceases to function. They are often created to implement a state program by several companies. different shapes property. The consortium also allows for joint placement of loans, carrying out large financial or commercial transactions, and carrying out large industrial or other construction.
4. Intersectoral and regional unions. They are formed on the basis of enterprises of various departments and producing homogeneous products. They are united by cooperative or scientific and technical ties.

Forms of entrepreneurship by type of ownership

Depending on what form of ownership the company has, the following forms of entrepreneurial activity are distinguished:

• private;
• state;
• municipal.

Private enterprise

Private business allows you to carry out economic activity on behalf of:

• enterprise (legal entity);
• entrepreneur (individual).

The activities of this form of entrepreneurship are aimed at obtaining material benefits. A private business is organized using the personal funds of one businessman or a group of them.

Public entrepreneurship

State entrepreneurship allows economic activity to be carried out on behalf of a company established:

1. Government agencies. Special structures manage the country's property within the framework of current legislation. Such an enterprise is called a state enterprise.
2. Local government bodies. In this case, the company will be called municipal.

Features of public entrepreneurship:

• the property of the enterprise is part of the property of the state or municipality;
• the company is liable for its obligations with the property that is in their ownership;
• the enterprise is not liable for the obligations of the country.

In countries with a capitalist system this type entrepreneurial activity occupies those niches that have a strategically important role for it. For example, the extraction and processing of minerals, the manufacture of weapons, aircraft, etc. The state is also building businesses in areas that require serious investment, with a long payback period and low profitability.

Entrepreneurship is one of the forms of human activity.

Article 34 Code of the Russian Federation – everyone’s right to free use their abilities and property for entrepreneurial and other economic activities not prohibited by law. Entrepreneurial activity – an integral part of economic activity. Economic activity – the process of reproduction of material and spiritual wealth, including production, distribution, exchange and consumption. The basis of the existence of society is production; in a market economy, exchange plays a special role. Economic activity is characterized by: 1) arising from the existence of commodity production, market organization of the economy; 2) is associated exclusively with the process of reproduction of material goods, i.e. is of a commercial nature; 3) is embodied in the production of products in the performance of work, the provision of services of a material nature and (or) their distribution and (or) their use (distribution, exchange, consumption).

Economic, entrepreneurial, commercial activity included in the economic one.

Economic activity– one of the types of economic activities; the procedure for organizing, managing and directly carrying out economic activities in accordance with the rules established by state authorities and management and by the economic entities themselves.

Entrepreneurial activity– type of economic, business activity; associated with entrepreneurial risk, innovation, new approaches to management, the use of scientific achievements, dynamic uncertainty and is always aimed at systematically generating profit. Entrepreneurship – such a management system in which its main subject is the entrepreneur as the driving force and intermediary. It rationally connects material and human resources, organizes the reproduction process and manages it on the basis of entrepreneurial risk, economic responsibility for the final entrepreneurial result - making a profit. commercial activity – type of entrepreneurial, business, economic activity associated with trade and commodity turnover. Entrepreneurship is a special style of economic activity, because This is a constant search for new opportunities, the ability to attract and use resources from a wide variety of sources to solve assigned problems.

Legislative definition– entrepreneurial is an independent activity carried out at one's own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law - paragraph 2 of clause 1 of article 2 of the Civil Code of the Russian Federation. Signs:

• 
  systematicity of both activities and profit generation + consistency;
• 
  independence in carrying out entrepreneurial activities;
• 
  risky nature - uncertainty of the result;
• 
  focus on systematically generating profit.

Sometimes they also include a legalized nature - registration with government agencies as an entrepreneur. However, this is a sign of legitimate business. + in the literature, several non-legislative characteristics are identified - the professionalism of entrepreneurial activity, the entrepreneur’s own responsibility, and less often - the innovative nature of this activity. Business activities are regulated on the basis of a harmonious combination of public and private interests.Kinds– as individual entrepreneurs and as legal entities.
Question 2. Business law, concept, subject, system.

Basis for classification of branches of the legal system: Subject of legal regulation – the range of social relations regulated by this branch of law. Must be different and relatively independent. Legal regulation method – a set of techniques and methods of legal influence on social relations that form the subject of this branch of law, in order to achieve the desired result. Sometimes features are added. 3 main industry groups legal systems:1) basic branches – constitutional, civil, administrative, criminal; 2) special branches – labor, land, family and other law; 3) complex industries - trade law, maritime law, prosecutorial supervision.

The tendency for complex branches of law to develop into basic branches is also inherent in business law.Item– business relations, which include :

• 
  relations related to the organization of entrepreneurial activity - based on the right of citizens to engage in entrepreneurial activity;
• 
  relations associated with the entrepreneurial activity itself - the entrepreneurial activity itself - making a profit;
• 
  relations on state regulation of entrepreneurship - the state sets the rules and protects public and private interests;
• 
  intra-economic, intra-corporate relations that arise in the process of entrepreneurial activity of large and complex business structures.
• 
  corporate relations, because They are characterized by a combination of private law and public law methods of regulation.

Business law exists as academic discipline. As a branch of law - controversial issue. Gubin believes that the industry is also right, because there are entrepreneurial relationships that have their own specifics; regulates relations related to business activities. Accordingly, there is a subject. Also, business law is considered as a science. Almost all scientists agree that there is legislation on entrepreneurial activity.

Definitions:

Business law as branch of law– a set of legal norms that have an unambiguous affiliation and objectively exist in the legal system. How branch of legislation– a set of normative acts that can be formed on various grounds, the main one of which is the substantive unity of the social relations they regulate. How scientific discipline– a system of reliable knowledge about this industry, its subject and method, sources, content and structure, place in the country’s legal system. How academic discipline– presentation taking into account certain methodological requirements knowledge systems about this industry.

Question 3. Legislation on business activities, concept, structure, functions and features.

Almost all scientists agree that there is legislation on entrepreneurial activity. However, there is a commentary edited by Sadikov to Article 3 of the Civil Code.

Legislation– not only laws, but the entire array of regulations governing business activities. This is a set of regulations governing entrepreneurial activity and the relationships arising from it.

Structure:

The Constitution regulates business activities - this is the basis, it:

• 
  creates the necessary prerequisites for entrepreneurial activity;
• 
  ensures the right to entrepreneurial activity with appropriate guarantees.

Constitutional norms:

1.
express certain concepts of legal regulation;

2.
establish constitutional principles;

3.
determine the legal status of the entrepreneur, including his rights, duties, responsibilities, freedoms and interests, and also establish their guarantees.

Law as a concept presupposes the Federal Law, Federal Law (including Codes), laws of the subjects.

Two directions in the formation of legislation on entrepreneurship - the adoption of laws defining General terms, and the publication of legislative acts aimed at regulating certain areas of the economy.

The complex nature of the norms.

The system of legislation on entrepreneurship is a classification of legislative acts based on different criteria. Main criteria:

• 
  legal force and place in the hierarchy of acts (Law and by-laws);
• 
  areas of legislative regulation established in Articles 71-73 of the Code of the Russian Federation, in which they were adopted (Federal Law of the exclusive jurisdiction of the Russian Federation, Federal Law of joint jurisdiction, laws of the SRF)
• 
  - Scale of action. (Regulatory acts of centralized Law Regulation; Acts of local regulation.)

For business law of the Russian Federation arbitrage practice becomes a new and important source of law: Decisions of the Constitutional Court of the Russian Federation, Resolutions and Explanations of the Plenum of the Supreme Arbitration Court of the Russian Federation, certain powers of the system of courts of general jurisdiction of the Russian Federation. However, on page 400 of the textbook, Gubin refutes the above! Doctrine – a controversial issue, but from the point of view of the textbook it can also be considered as a source.

Custom – a rule of behavior based on the duration of its application. In the field of entrepreneurship, they are recognized as a source of law. Legal customs in the field of entrepreneurship are called Customs of Business - these are established and widely used rules of conduct in any area of ​​business activity that are not provided for by law, regardless of whether they are recorded in any document. habit– established rule , but in contrast to the custom of business, the parties, when concluding an agreement, directly bind each other to the need to be guided by this rule.

Functions Legislation in this area is usual: regulates, guarantees, protects, protects.

Peculiarity– regulation of commodity-money relations with the participation of entrepreneurs. Clause 2 of Article 3 of the Civil Code of Civil Code norms contained in other laws must comply with the code + see the question on business relations (question 2).
Question 4. Entrepreneur and the state, tasks, goals, means, forms and methods of state regulation of entrepreneurship.

State regulation is the activity of the state, represented by its bodies, aimed at streamlining relations in a market economy. One of the main functions of the state is economic - the formation necessary conditions for sustainable development of economic relations. The objective need for state regulation of market relations is based on the limited capabilities of a market economy. State economic policy represents the main directions of state activity in the economic sphere, and state regulation of the economy is the activity of the state represented by its bodies, aimed at implementing state economic policy using special means, forms and methods.

Goals government regulations: these are specific tasks, requiring solutions and aimed at implementing the functions of the state in the economy:

• 
  alignment of the economic cycle;
• 
  ensuring stable economic development;
• 
  creation of a competitive environment and other conditions.

Methods– direct and indirect. Directly related to the use of administrative means of influence. Indirect are based on economic means of influence. These methods have common goals and objectives and are always presented in legal form.

Facilities:

• 
  administrative regulation - licensing;
• 
  economic means – forecasting and planning;
• 
  legal means - restrictions, etc.

One of the main means of state regulation of the economy is taxation.
Question 5. Legal support for state regulation of business activities.

Legal support for state regulation involves giving legal form to the means by which regulation is carried out. Legal forms State regulation of the economy traditionally comes in the form of laws and regulations, among which it is worth highlighting Presidential Decrees, Government Resolutions, legal acts of subjects, departmental regulations and local regulations.

Now we can state the absence of an appropriate legal basis for state regulation of the economy. In other words, there is no legal framework to ensure the use of means and instruments of state regulation of the economy. For example, there is an urgent need to create a framework for effective application such regulatory means as pricing and planning.

A significant number of subjects participate in the formation of state economic policy and its implementation through state regulation of the economy. The objects of state economic policy are extremely diverse, including industries and sub-sectors National economy, certain types of entrepreneurial activity (timber export), also the object is certain means (instruments) - prices, money circulation.

Question 6. Legal basis of state control over the implementation of entrepreneurial activities.

Control is one of the means of state regulation of the economy and business activity. State control is a system of checking and monitoring compliance by commercial and non-profit organizations with the requirements of regulations when carrying out business activities.

A type of control is supervision, which is divided into: a) general supervision of the prosecutor’s office over compliance with the constitution and execution of laws; b) administrative supervision.

Differences between control and supervision:

• 
  supervisory authorities perform their functions in relation to the objects that are subordinate to them; control bodies - in relation to subordinate and non-subordinate objects;
• 
  during the control process, disciplinary measures are taken against the perpetrators; in the process of supervision - administrative impact on individuals and legal entities;
• 
  control bodies check various aspects of the activities of controlled objects; supervisory authorities verify compliance special rules at the facilities under their supervision.

Types of control:

1.
general control and special control (currency; tax);

2.
by stage: a) preliminary; b) current; c) subsequent;

3.
by subject: a) control of the president; b) control of health exposure; c) control of military equipment; d) control of WWS.

All influence entrepreneurial activity, for example – activity Chamber of Accounts. Direct control over business activities is, for example, control by the licensing authority of compliance with requirements and conditions. Currency control: carried out by currency control authorities and their agents.

State control (supervision): Carrying out a progress check legal entities and PBOLE in the implementation of their activities, the mandatory requirements for goods, works, services established by the Federal Law or the corresponding regulations. The Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs during State Control (Supervision)” provides for guarantees and rights of entrepreneurs during control (presumption of good faith of the entrepreneur; openness and accessibility of legislation; responsibility of control bodies for violations, the right to receive information, appeal actions, be present at events and so on.).

“independent activity, carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in the manner prescribed by law” (Clause 1 of Article 2 of the Civil Code of the Russian Federation). P.d. is one of the types of relations regulated by civil law (along with property and related personal non-property relations). Due to this, on P.d. The general principles of civil law apply:

freedom of contract, inviolability of property, inadmissibility of interference in private affairs, etc.

Legal regulation P.d. carried out in the Russian Federation on the basis of the provisions of Art. 8 of the Constitution of the Russian Federation, which talk about a single economic space, free movement of goods, services and financial resources, support for competition, freedom of economic activity, plurality and equal protection of forms of property, including private, as well as Art. 34, which establishes the right of everyone to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law.

Along with the Civil Code of the Russian Federation, norms directly related to P.D. are contained in large quantities laws and other regulations. Since regulation of P.d. carried out by various legal methods, these acts relate not only to civil, but also to administrative, financial, agricultural and environmental legislation. Collectively, all the rules relating to business activity are called business law.

Since, according to the Constitution of the Russian Federation, civil legislation is within the exclusive competence of the Russian Federation, and administrative legislation is within the joint competence of the Russian Federation and its subjects, the latter can regulate P.D. only administrative legal acts. Regional legislation already contains a considerable number of norms and even special acts that directly or indirectly affect business relations. Thus, most constituent entities of the Russian Federation have adopted their own laws on investment activities or on foreign investments; laws on supporting small businesses, legislation on licensing, and registration fees are also very common.

Along with general principles civil law P.d. carried out on certain specific principles.

Firstly, for P.d. characterized by the risky nature of its implementation. Being aimed at systematically making a profit, i.e. enrichment, it does not always achieve the results that its participants expect. It is no coincidence that in the Civil Code of the Russian Federation P.d. The actions of the entrepreneur in selling goods, performing work and providing services to ordinary citizens and non-profit organizations are also considered. Initiative, independence in the form and form of choice of activity, the desire to obtain maximum profit and hope for the success of the business - these are the mandatory, internal features of any P.D.

Secondly, the peculiarity and obligatory sign of P.d. is a system of magical character such an active activity. Isolated cases of extraction were not P.d.

Thirdly, the risky nature of P.d. can lead not only to bankruptcy, but also significantly affect the property interests of other citizens and organizations. Numerous examples of bankrupt credit organizations indicate a serious property threat to

persons with whom the entrepreneur deals. The Civil Code of the Russian Federation provides for increased property liability for violation by him of his obligations, unless he proves that proper performance was impossible due to an insurmountable force (clause 3 of Article 401 of the Civil Code of the Russian Federation). However, the above rule applies , unless otherwise provided by law or contract. In the conditions of legal unpreparedness of the majority of the population of the Russian Federation, entrepreneurs can almost always insert into the contract a condition on liability for its violation on the principle of guilt. In addition, it is possible to interpret force majeure quite broadly, without reducing it only to natural disasters, also leads to release from liability for breach of obligations.

The objective uniqueness of P.D. in a number of other civil legal relations caused the compilers of the Civil Code of the Russian Federation to provide throughout its entire text special rules relating specifically to P.D. (Articles 5, 23, 25, 132,135.401, 492, 506 and many others). These rules together create within the framework of civil law special treatment for entrepreneurs. \"

Subjects P.d. have a special status compared to other participants in civil legal relations. In order to become an entrepreneur, it is necessary to register as such, since the implementation systematic activities making a profit without state registration entails legal liability. P.d. can be carried out by legal entities and citizens. Among legal entities, commercial organizations enjoy this right in full. However, to do some specific types P.d. (transport, legal, pharmacy, etc.) a commercial organization must obtain a license. Certain types of licensed P.D. commercial organizations can carry out only as exclusive activities (for example, activities for organizing exchange trading), or they are recognized as incompatible with certain other types of P.D. (for example, banking). For certain types of P.d. a monopoly of state-owned enterprises (for example, production and trade in weapons) may be established. Non-profit organizations P.D. are limited in law: its implementation is permissible insofar as it serves to achieve the goals for which they were created, and its nature must correspond to these goals (clause 3 of article 50, clause 1 of article 2 of the Civil Code of the Russian Federation). Some types of P.d. can only be carried out by legal entities, but not by citizens (for example, dealer activities in the securities market, banking).

A citizen has the right to engage in, P.d. without forming a legal entity from the moment of state registration as an individual entrepreneur. The head of a peasant (farm) enterprise operating without forming a legal entity is recognized as an entrepreneur from the moment of state registration of the peasant (farm) enterprise. The rules of the Civil Code of the Russian Federation are applied to the activities of an individual entrepreneur, which regulate the activities of commercial organizations, unless otherwise follows from the law, other legal acts or the essence of the legal relationship (clause 3 of Article 23 of the Civil Code of the Russian Federation). Thus, according to general rule all entrepreneurs have equal legal status.

The Civil Code of the Russian Federation established the presumption of P.d. citizen. It consists in the fact that the citizen carrying out P.d. in violation of registration requirements. has no right to refer in relation to transactions concluded by him to the fact that he is not an entrepreneur. The court may apply to such transactions the rules on obligations associated with the implementation of P.D. From the standpoint of criminal and administrative law, such P.d. is an illegal business.

For practicing P.d. a citizen must have full legal capacity. Accordingly, citizens recognized by the court as incompetent or limited in their legal capacity cannot be entrepreneurs. A citizen's entrepreneurial capacity arises when he reaches 18 years of age. From this general rule There are a number of exceptions (marriage before age 18, emancipation).

For individual categories citizens are prohibited by law from engaging in independent work. Moreover, in some cases the law proceeds from the incompatibility of entrepreneurship with the social status of a person. According to the Federal Law of the Russian Federation dated July 31, 1995 No. 119-FZ “On the Fundamentals of the Civil Service of the Russian Federation,” civil servants do not have the right to engage in P.D. personally or through intermediaries. Independent P.d. Deputies of all levels, military personnel, judges, prosecutors, employees of internal affairs bodies, authorities also do not have the right to engage in federal security, tax police, notaries. In other cases, a ban on P.d. is the result of punishment. For example, in accordance with the Criminal Code, illegal business in the field of trade is punishable, along with imprisonment or a fine, by deprivation of the right to engage in trade activities. in trade for a period of up to 5 years. In some cases, a citizen is required to have certain professional skills and professional training (for example, a special permit - a license) is required for private detective activities.

An individual entrepreneur who is unable to satisfy the demands of creditors may be declared insolvent (bankrupt) by a court decision. From the moment such a decision is made, its registration becomes invalid.

Before the adoption of the Federal Law on the registration of legal entities, the state registration of individual and collective (commercial organizations) entrepreneurs is regulated by the Regulations on the state registration of business entities, approved by the Decree of the President of the Russian Federation of June 8, 1994. No. 1482.

Along with citizens and legal entities, the Civil Code of the Russian Federation especially distinguishes foreigners. The latter participate in P.d. mainly in the form of investments in the Russian Federation (see Foreign investments).

Responsibility for various offenses (in addition to civil ones) in the field of P.D. provided for in the Criminal Code. Code of Administrative Offenses, Labor Code, Law of the RSFSR dated March 22, 1991 No. 948-1 “On competition and restriction of monopolistic activities in commodity markets", etc. Thus, the Criminal Code in the chapter "Crimes in the field of economic activity" provides for such crimes as obstruction of legal business activity, illegal

Encyclopedia of Lawyer. 2005 .

See what “ENTREPRENEURSHIP” is in other dictionaries:

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