Legal regulation of entrepreneurial activity in industry. Legal regulation of entrepreneurial activity in the Russian Federation. Business entities

Subjects entrepreneurial activity

1. Legal regulation of entrepreneurial (commercial) activities.

Government regulation economic activity.

The concept and features of entrepreneurial activity and entrepreneurial legal relationship.

Private law and public regulation entrepreneurial activity.

Business entities, their characteristics.

2. Legal status property of participants in economic relations.

Ownership: concept, content. Types of ownership.

Forms of ownership in Russian Federation.

Ownership of citizens and legal entities.

State and municipal property.

Limited property rights: the right of economic management and the right of operational management.

3. Organizational and legal forms of entrepreneurial activity.

The concept of a legal entity, its features.

The goals of creating legal entities.

Classification of legal entities.

Methods for creating legal entities.

Constituent documents and state registration of legal entities.

4. Legal status individual entrepreneurs.

State registration of individual entrepreneurs.

Civil legal capacity and legal capacity.

Loss of the status of an individual entrepreneur.

Responsibility of individual entrepreneurs for obligations.

5. Reorganization and liquidation of legal entities.

The concept, grounds and forms of reorganization.

The concept, grounds and procedure for the liquidation of legal entities.

Guarantees of the rights of creditors during the reorganization and liquidation of legal entities.

6. Insolvency (bankruptcy) of legal entities: concept, signs, procedures

The concept of insolvency (bankruptcy).

Signs of bankruptcy.

Legal regulation of the institution of bankruptcy.

Bankruptcy procedures.

The peculiarity of state regulation of economic activity boils down to preventing the collision of private interests of business entities, on the one hand, and the public interests of society as a whole, on the other hand.

Actually, the achievement of a balance of these interests is possible by various techniques and methods. To achieve this goal, it is necessary to develop a perfect mechanism for legal interaction between the entrepreneur and society.

In this sense, the transition in the Russian economy from direct directive influence (which is characteristic of the administrative-command economic system) to indirect methods of regulation with the use of various economic levers and incentives (for example, credit and tax incentives) is indicative.

Thus, government regulation economic activity can combine direct and indirect methods of regulation.

The main form of direct regulation is state registration of legal entities and individual entrepreneurs (simultaneously with state registration of firm names of commercial organizations). It should be noted that obtaining a certificate of state registration does not always allow an entity to start doing business. So, for example, entrepreneurs who carry out monetary settlements with the population, by direct instruction of the law, must register with tax authorities cash register machine. Additionally, in order to develop certain areas of business, entrepreneurs register objects of patent law, means of individualization of goods, works, services. Registration required certain types property (for example, an enterprise) and certain rights to property used in entrepreneurial activities.

Forms of direct state regulation of economic activity, in particular, include:

• fulfillment of obligations to pay taxes and non-tax payments;
• licensing of certain types of activities;
• procedure for coordination with regional executive bodies the authorities for the location of enterprises and the nature of the selected types of business activities, taking into account the environmental, demographic and other possible consequences;
• compliance with the norms of environmental management, sanitation and hygiene;
• compliance with the requirements for the formation of the cost of manufactured products, accounting, standards, certification of products and services, uniformity of measurements;
• ensuring the quality and safety of goods, works and services;
• the establishment of norms for the use of natural resources;
• establishment of uniform rules for maintaining and providing accounting, statistical and other informational reporting;
• consumer protection legislation.

Indirect methods regulation involves the provision of preferential loans, grants, subsidies, preferential taxation, etc.

In all economic systems the state regulates the economy, and its role increases with the development of scientific and technological progress, an increase in the scale of production and the deepening of the international division of labor.

The state acts, first of all, as a power structure that establishes the rules of conduct in the market for economic entities and influences the conditions of activity of market entities by its binding imperative prescriptions. The most important task of the state in this direction – developing effective legal framework.

Market relations provide for the functioning of enterprises and organizations of various forms of ownership. Joint-stock, private and state-owned enterprises compete in the markets on an equal footing.

Since the market presupposes freedom of production and commercial activities, competition between producers, the domination of any one form of ownership is excluded.

Investment activities... State regulation of the investment process is aimed both at stimulating the sources of accumulation within the country, and at the widespread attraction of foreign capital. Investment activity is reflected in the relevant government policy.

One of the important areas of state regulation of the economy is labor market regulation... State regulation of employment is noticeably manifested in the development of special legislation, programs to stimulate employment and increase the number of jobs in the public sector, training and retraining of specialists. The labor market is greatly influenced by state social programs... They contribute to a certain stabilization of the socio-economic position of the working people and alleviate the painful shortcomings of the market mechanism. As a result, a special element of the price of labor appears, which is not directly related to the functioning of the labor market and is formed on non-market principles.

The above list of the main directions of state regulation of the economy is not limited to this. There are also other directions.

At the same time, it is important that all state measures to regulate economic processes are taken in the interests of the whole society, both to activate the forms of activity necessary for society, and to limit and suppress undesirable forms of management.

A prerequisite normal and efficient functioning market economy is an competition between business entities, which is based on the following legal principles:

• freedom of entrepreneurial and other economic activity not prohibited by law;
• freedom of movement of goods (turnover) and financial resources on the territory of the state;
• equality of the legal status of subjects of economic activity.

According to the current Civil Code of the Russian Federation, entrepreneurial activity Is an independent activity carried out at its own risk, aimed at systematic receipt profits from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law.

Entrepreneurial activity is distinguished by a number of features, which makes it possible to speak of entrepreneurial activity as a narrower concept than the concept of "economic activity".

The main and mandatory signs of entrepreneurial activity are:

1) independent activity;

2) the purpose of the activity is to make a profit;

3) economic risk;

4) the fact of state registration of participants.

The absence of any of the five signs means that the activity is not entrepreneurial.

1. Entrepreneurial activity can be carried out both by the owner himself and by the entity managing his property on the basis of the rights of economic management with the establishment of the limits of such management by the owner of the property.

Independence in the organization of production is complemented by commercial freedom. The business entity determines the ways and means of selling its products, chooses contractors with whom it will deal. Economic ties are secured by contracts.

An important condition for commercial freedom is free pricing. However, in economics, there is no absolute freedom for producers. An entrepreneur has complete independence in the sense that there are no authorities above him, issuing a command: what to do, how and how much. He is not free from the market, from its strict requirements. Therefore, we can only talk about a certain framework of independence.

2. Entrepreneurial activity involves systematic profit, which is the product of a specific human resource- entrepreneurial skills. This work is not easy and unites in itself, Firstly the manifestation of the initiative to combine material and human factors for the production of goods and services, Secondly, making extraordinary decisions on company management, labor organization and, third, the introduction of innovations through the production of a new type of product or a radical change production process... All this gives grounds to speak of entrepreneurship as a professional activity aimed at making a profit.

Possessing independence, organizing production in his own interests, the entrepreneur assumes responsibility within the limits determined by the organizational and legal form of the enterprise for the result of his activities. The property liability of an entrepreneur is his duty to endure unfavorable property consequences due to the offenses committed on his part. Its size depends on the organizational and legal form of the enterprise.

The Civil Code of the Russian Federation specifies the main subject feature, i.e. an indication of the systematicity of making a profit is introduced. Isolated cases of profit making are not entrepreneurial activities. Systematicity is characterized by the duration and regularity of making a profit, which is determined by the professionalism of the entrepreneur. Thus, the Civil Code of the Russian Federation states that it is not the sphere of activity itself that is important for the entrepreneur, but the systematic receipt of profit.

3. A sign of entrepreneurial economic relations is economic risk... Risk constantly accompanies business and forms a special way of thinking and behavior, the psychology of an entrepreneur. Risk is the possible adverse property consequences of the entrepreneur's activities, not caused by any missed opportunities on his part.

The risky nature of the activity can lead not only to bankruptcy, but also turn out to be detrimental to the property interests of citizens and organizations. Civil Code The Russian Federation provides for increased property liability of an entrepreneur for violation of his obligations, if he does not have evidence that proper performance was impossible due to force majeure (clause 3 of article 401 of the Civil Code of the Russian Federation). At the same time, the above rule is valid, unless otherwise provided by law or contract.

The entrepreneur is responsible for the risk of his property, but not only of it. There are also possible losses that affect its status in the labor and capital markets (competitiveness, professional reputation, psychological assessment, etc.).

4. State registration participants in entrepreneurial activity - a legal fact preceding the start of entrepreneurial activity. Business entities in order to obtain the status of an entrepreneur must be registered in this capacity. Engaging in systematic profit-making activities without state registration entails legal liability.

Entrepreneurship can be carried out by both legal entities and citizens. Among legal entities, this right is fully enjoyed by commercial organizations.

Entrepreneurial relationships are public relations in the field of entrepreneurial activity, as well as closely related non-commercial relations, including relations on state regulation of the market economy.

These relationships fall into two groups:

1) the actual entrepreneurial relationship ( horizontal relationship, i.e. entrepreneur-entrepreneur relationship);

2) non-profit relations ( vertical relationship, i.e. the relationship between the entrepreneur and the governing body).

Both groups together form economic and legal relations, a single economic and legal turnover.

The horizontal (property) relations of entrepreneurs are based on the legal equality of the parties. Their rights and obligations arise from the contract. These relations are regulated mainly by the norms of civil law, this is the so-called private legal regulation of entrepreneurial activity.

The second group includes relations, although of a non-commercial nature, but closely related to entrepreneurial ones, for example, relations in connection with the formation of an enterprise (entrepreneur), licensing, taxation, etc. This includes relations on state regulation of the economy, on supporting competition and limiting monopolistic activities, legal regulation of the safety of products, goods and services, pricing, etc. A characteristic feature of these relations is the obligatory execution of management acts addressed to entrepreneurs, adopted within the competence of the management body. These relations are governed mainly by the norms of administrative, tax, labor, land law, this is the so-called public legal regulation of entrepreneurial activity.

As Art. 23 of the Civil Code of the Russian Federation, citizens without the formation of a legal entity (individual entrepreneurs), as well as legal entities, can engage in entrepreneurial activity.

In business relations, the main concept is the "economic entity".

Business entity Is a person who carries out business activities. At the same time, the concept of "economic entity" is broader than the concept of "entrepreneur", since non-profit organizations not being entrepreneurs, they can participate in the economic turnover.

Essential in the understanding of entrepreneurship is the norm of Part 2 of Art. 34 of the Constitution of the Russian Federation, which defines entrepreneurial activity as kind of economic activity... Entrepreneurship can only be carried out within the framework of economic activity. Activities aimed at the systematic receipt of some kind of income, but which are not economic, cannot be considered entrepreneurial.

Signs of business entities:

§ registration in accordance with the established procedure;

§ the presence of legal capacity (recognized by the right of the possibility to have property rights and bear obligations);

§ availability of separate property as a basis for entrepreneurial activity;

§ independent property liability for obligations.

Classification and system of business contracts under the legislation of Ukraine. General principles and conditions for the implementation of business contracts. Contractual and procedural actions of business entities regarding the terms of the contract, technical and legal procedures.

The meaning and main components of the contract. State power is the guarantor of the legality of transactions and the fulfillment of mutual obligations of economic entities. Determination of the rights, obligations and responsibilities of the parties. Conclusion, amendment and termination of the contract.

Terms of a civil contract and the procedure for their approval. Conclusion of a contract. The concept and essence of the contract. Basic provisions on the conclusion of the contract. The main stages of the conclusion of the contract. Change and termination of a civil contract.

The concept, essence and types of contracts in the civil law of the Russian Federation, their place and position in the legal system of the country, as well as the features and procedure for concluding, changing and terminating. Analysis of legislation in the field of registration of civil contracts.

Civil law means of protecting the property rights of citizens and organizations. A contract is an agreement between two or more persons. Basic and preliminary contracts. Agreements in favor of their participants and agreements in favor of third parties.

A number of distinctive features of the supply contract, its general provisions. Characteristics of the obligations of the parties from the point of view of the legal norms of the Civil Code of the Russian Federation. Delivery for state or municipal needs. The concept and essence of contracting, power supply agreement.

Agreement - an agreement between two to establish, change or terminate civil rights and obligations. Distinguish between essential, ordinary and incidental terms of the contract. Types of contracts: public contract, contract of accession, and contract in favor of a third party.

Purchase and sale agreement as one of the most common types of agreements in economic circulation. The essence and main types of sales contracts. The procedure for establishing the quality and price of goods. Basic requirements for the form of the sales contract.

The concept of a contract in entrepreneurial activity, its types and rules for concluding, required details and meaning. Legal forms sales of products. Legal ways ensuring the fulfillment of obligations. Responsibility for violation of obligations.

The essence of business law, which is a set of legal norms governing relations and other closely related to them, including non-commercial relations. The system of business contracts and the legal basis for its conclusion.

The history of the development and emergence of a contractual obligation under the legislation of the Russian Federation. Types of civil law contracts in civil law: preliminary and public contracts, accession contracts. The procedure for concluding, terminating and changing contracts.

In Art. 41 of the Economic Procedure Code of the Republic of Belarus contains an indication of the criteria for the jurisdiction of cases to the economic court. The Economic Court shall resolve economic disputes arising from civil and other legal relations.

The concept and functions of a business agreement in the Republic of Belarus. Freedom of contract as its main content. The system of business contracts. The structure of contractual ties in economic relations. Methods and procedure for concluding a business contract.

RF legislation regulating activities joint stock company, constituent documents and staffing table... The content of the documents approved by the legal adviser from the point of view of their legality and legal significance. Organization of contractual work of the bank.

The concept and features of a business contract. Its system and functions. The content of the business contract. The agreement is one of the most ancient legal constructions. The main directions of the impact of a civil law contract on the relations regulated by it.

In civil law, a contract is a bilateral transaction that gives rise to a legal relationship. The agreement is valid from the moment of entry into force and for the future. An offer to conclude a contract is called an offer, and consent to conclude is an acceptance.

Signs of a contract: type of transaction, establishment, change, termination of rights and obligations, agreement of two or more parties. Civil contract as the basis for the emergence of obligations. Types of contract, its conclusion, amendment and termination.

The subject and method of business law, its basic principles and sources. Classification of subjects of business law: legal entities and individual entrepreneurs. The concept of a commercial and non-commercial organization and their activities.

Definition of a contract as a means of individual legal regulation of property and property relations... Classification of types of agreements and the principle of equality of its parties. The right to freedom of contract and the imposition of responsibility for its violation.

The principle of freedom to conclude a contract and its meaning. Dispositiveness of the norms of civil legislation. Characteristics of the stages of the conclusion of the contract. Offer recognized as an offer. The procedure for concluding an agreement on a mandatory basis and at auction.

Communication as a branch of the national economy is designed to satisfy social and personal needs in exchange different kinds information by means of postal, telegraph and telephone communications, television and radio broadcasting, as well as the distribution of periodicals.

Communication services are provided through postal, telegraph, telephone, local telephone communications, radio communications, radio broadcasting, television and space communications.

Postal communication- shipping and delivery activities postal items(letters, parcels, money transfers).

Electrical connection includes networks and facilities providing telephone, telegraph communication, data transmission using a computer network (computer), radio broadcasting facilities. Communication services are the activities of communication enterprises that ensure the normal functioning of the corresponding devices, communication channels.

In the Civil Code of the Russian Federation there are no special rules on contracts for the provision of communication services. It contains ch. 39 ʼʼPaid provision of services, the rules of which apply incl. to contracts for the provision of communication servicesʼʼ (part 2 of article 779).

The legislator has established that, unless otherwise provided by the contract, the contractor is obliged to provide services personally (Art. 780), the customer is obliged to pay for the services rendered to him within the time frame and in the manner specified in the contract (Art. 781).

The communication services contract is also governed by general provisions on contract and provisions on household contract (Art. 783). It follows that the contract for the provision of communication services is public contract... The relations under the contract for the provision of communication services not regulated by the Civil Code of the Russian Federation are subject to consumer protection laws and other legal acts adopted in accordance with them.

The entrepreneurial activity of the communications industry is also regulated by the Federal Laws "On Communications" of 2003, "On Postal Communications" of July 17, 1999, and special regulatory legal acts approved by the Government of the Russian Federation (Rules for the provision of local, intra-zone, long-distance and international telephone services of May 18, 2005 .).,

Economic activity enterprises In many cases, it is implemented by concluding business contracts with other economic bodies, which mediate relations for the provision of communication services and constitute the main content of the activities of communication enterprises. This type of service includes activities for the provision of temporary use technical means communication, transfer of information and property, distribution of periodicals.

Business contracts concluded in the communications industry are divided into three groups.

Legal regulation of entrepreneurial activity in connection. - concept and types. Classification and features of the category "Legal regulation of entrepreneurial activity in connection." 2015, 2017-2018.

INTRODUCTION

The textbook "Legal regulation of commercial activities" is intended for students of FGOU VPO VGAU, studying in the specialty 080401 "Merchandising and examination of goods." The subject of the discipline is the provisions of the current civil, business, customs, arbitration law, individual regulations governing trade, foreign economic and other commercial activities, as well as international legal acts in the field of commercial activities included in the legal system of the Russian Federation.

The topics of the section of civil law proposed for study touch on the regulation of the legal status of an individual entrepreneur and legal entities. The tutorial examines the features of contracts with the participation of business entities and responsibility in the field of entrepreneurship. A number of topics study guide devoted to the issues of legal regulation foreign economic activity, the peculiarities of foreign economic transactions, the procedure for resolving disputes between participants in foreign economic relations.

According to the authors of the manual, the study of the proposed topics training course to a certain extent will contribute to the ability to apply Russian legislation regulating professional activity, in practice, will provide an opportunity to independently protect commercial and property interests in future professional activities.

Accepted abbreviations are used in the text of the manual:

Civil Code of the Russian Federation - Civil Code of the Russian Federation;

Administrative Code of the Russian Federation - Code of Administrative Offenses of the Russian Federation;

Criminal Code of the Russian Federation - Criminal Code of the Russian Federation;

GPK - the Civil Procedure Code of the Russian Federation;

NK - tax code Russian Federation;

APK - Arbitration Procedure Code of the Russian Federation.

TOPIC 1. LEGAL REGULATION OF BUSINESS

The concept and main features of entrepreneurial activity. Entrepreneurial relationships. Business entities. Grounds for the emergence of the right to engage in entrepreneurial activity. Spheres, types and forms of entrepreneurial activity. Property basis for entrepreneurial activity. The legal status of an entrepreneur. The rights and obligations of the entrepreneur. Responsibility of the entrepreneur.

Currently, market reforms in Russia provide for the creation of a free market for goods and services, the expansion and strengthening of entrepreneurial activity. Therefore, entrepreneurs are becoming the main actors in the country's economy. The transition of the country to the market took place in the most difficult conditions, which brought both moral and material losses to the population of our country. To restrain the elements of the market, government regulation is necessary, the creation of a special legal framework that regulates relations in the field of entrepreneurship.

Over the years of reforms, the legal understanding of entrepreneurship has undergone a number of changes. So, according to paragraph 1 of Art. 2 of the Civil Code of the Russian Federation entrepreneurial activity – it is an independent activity, carried out at its own risk, aimed at the systematic receipt of profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law.

Entrepreneurial activity is distinguished by a number of features, which include the following:

1) independence;

2) the presence of a goal of making a profit;

3) the systematic nature of making a profit;

4) economic risk;

5) the fact of state registration of participants.

The absence of at least one of the listed signs means that the activity is no longer entrepreneurial.

Let's take a closer look at these mandatory signs of entrepreneurship:

1. The independence of entrepreneurial activity is manifested in organizational independence. Unlike an employee, who is obliged to obey the internal labor schedule established by the employer, i.e. follow the orders of the employer, observe the working hours and rest hours, comply with labor standards, etc., the entrepreneur in the sphere of his economy has no other power over himself except his own. He is his own boss, he decides what and when to do, what products to produce and how to sell them. In this respect, the entrepreneur does not depend on either government agencies or other persons. No one has the right to dictate and impose his will on him, but no one is obliged to assist him either. The employer is obliged to provide an employee with work, tools, etc., to create proper working conditions. Entrepreneurial activity can be carried out both by the owner himself and by the entity managing his property on the basis of the right of economic management. Independence in the organization of production is complemented by commercial freedom. The business entity independently determines the ways and means of selling its products. An important condition for commercial freedom is free pricing. However, there is no absolute freedom for producers in economics. The independence of the manufacturer is manifested in the fact that there is no authority above him that determines what to do and in what quantities. But the entrepreneur depends on the market, which dictates its own rules.

2. The main purpose of entrepreneurial activity is to obtain an income that would exceed the expenses incurred in connection with the implementation of this activity (production costs). In the very general view the sum of the difference between the income received and the production costs is the profit. Moreover, both profit and loss are calculated for certain period and from all sales in general. Therefore, the loss from the sale of one product is covered by the profit from the sale of other products, or vice versa. To qualify an activity as an entrepreneurial one, it is not necessary that as a result of its implementation only profit is actually obtained, what is important is the goal, the direction of the person's will to make a profit. Entrepreneurial activity is aimed at making a profit, which is the product of a specific human resource - entrepreneurial ability. Such work is not easy and presupposes, firstly, the presence of an initiative to combine material and human factors, and secondly, the adoption of extraordinary decisions on the management of production and activities. Therefore, entrepreneurship is a professional activity aimed at making a profit. At the same time, the entrepreneur assumes responsibility for the result of his activities.

3. Systematic profit-making is one of the most important features, therefore, isolated cases of profit-making are not entrepreneurship. At the same time, the Civil Code of the Russian Federation states that it is not the sphere of activity itself that is important for an entrepreneur, but the systematic receipt of profit. In addition, entrepreneurial activity is considered to be an activity aimed at systematic profit, i.e. carried out in the form of fishing, as a more or less permanent source of income for the entrepreneur. Therefore, entrepreneurial activity aimed at one-time profit is not considered.

4. Economic risk is the possible adverse property consequences of an entrepreneur's activities. At the same time, the risk can not only lead to bankruptcy of an entrepreneur, but also turn out to be detrimental to the property interests of citizens and organizations. This is a feature contained in the definition of entrepreneurial activity. It consists in the fact that this activity is carried out by the entrepreneur at his own risk. Due to various circumstances that do not depend on the will of the entrepreneur, his commercial calculations may not be justified, and he is in best case will not receive the planned profit, at worst - it will go broke. The burden of such consequences lies with the entrepreneur himself.

5. State registration is a legal fact preceding the start of entrepreneurial activity. A business entity must be registered (recognized by the state) as such in order to obtain the status. Legal liability is provided for the systematic extraction of profits from their activities without state registration. Entrepreneurship can be carried out by both citizens and organizations. Commercial organizations fully enjoy this right, but even they must obtain an additional permit to engage in certain activities - a license (transport, legal, medical, etc.). A state monopoly is established for certain types of activity (production and trade in arms). A person intending to independently, at his own risk, carry out activities aimed at making a profit must register as an entrepreneur. Otherwise, his activities will be considered illegal. But when concluding commercial transactions, the lack of registration is not an obstacle to their recognition. The rules governing entrepreneurial activity (Article 23 of the Civil Code of the Russian Federation) will be applied to such transactions.

Entrepreneurial relationships are public relations in the field of entrepreneurial activity, as well as closely related non-commercial relations, including relations on state regulation of the market economy.

These relationships fall into two groups:

1) the actual entrepreneurial relationship (entrepreneur-entrepreneur) - horizontal;

2) non-commercial relations (entrepreneur - governing body) - vertical.

Horizontal relations (property) are based on the legal equality of the parties. Their rights, obligations, as a rule, arise from the contract.

The second group includes relations, albeit of a non-commercial nature, but closely related to entrepreneurial (for example, related to the formation of an enterprise, licensing, etc.) This group of relations includes relations on state regulation of the economy, on supporting competition and limiting monopolistic activities, legal regulation of the quality of products, goods, works and services, pricing, etc. characteristic feature is the obligation for business entities to comply with management acts adopted within the competence of such a body and addressed to these entities.

A feature of entrepreneurial relations is their subject composition. Business entity is any person whose activities are aimed at generating income, as well as whose legal status is governed by the norms of business law.

Business entities differ depending on the role they play in the economy. The most common entities are commercial organizations and individual entrepreneurs. In addition, non-profit organizations are also referred to as business entities. Although their goal is to conduct non-commercial activities, they can, in order to achieve the goals for which they were created, engage in entrepreneurial activity. Business entities are also members of governing bodies, managers of commercial organizations. They directly carry out entrepreneurial functions. There are also groups of other business entities:

Branches, representative offices, other structures of commercial divisions of commercial organizations;

Industrial and economic complexes (financial and industrial groups, holdings, simple partnerships and other associations of entrepreneurs without forming a legal entity);

Commodity and stock exchanges;

Investment funds;

Non-state pension funds;

Self-regulatory organizations and other associations of entrepreneurs;

Authorities and local government.

The right to engage in entrepreneurial activity is one of the fundamental constitutional rights and freedoms of man and citizen. The Constitution of the Russian Federation enshrines the right of every citizen to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law. Free business activities are an element of the constitutional principle of economic freedom.

Every citizen has the right to choose any way of carrying out economic activities. A person can carry out entrepreneurial activity as an employee or an individual entrepreneur, at the same time be an individual entrepreneur and an employee, or participate in the activities of a commercial organization. But at the same time, the law restricts, in certain cases and according to the procedure, the freedom of entrepreneurship in order to protect the constitutional order, morality, protect human health and life, state security, and the environment, protection of cultural property, etc. These restrictions include:

The business entity has legal personality;

Availability of state registration of business entities;

Obtaining a special permit (license) to carry out certain types of activities.

The right to engage in entrepreneurship also includes the freedom to choose the sphere, type and form of entrepreneurship. . Among spheres of business distinguish production, commerce (trade) or provision of services. By types of entrepreneurial activity differs by banking, insurance, stock exchange, production of a certain type of product, etc. By forms of entrepreneurship allocate individual and collective entrepreneurial activity(a citizen can independently carry out entrepreneurial activities on an individual basis, or by participating in a commercial organization).

The right to engage in entrepreneurship is an integral part of the legal capacity of a citizen: according to the law, only a capable citizen can independently engage in entrepreneurship.

To carry out entrepreneurial activity, an entrepreneur needs a certain property, and one of the conditions for the recognition of an organization as a legal entity is the presence of separate property that is on the right of ownership, in the economic jurisdiction or operational management of the organization.

For legal reasons, property is divided into:

Movable and immovable;

Negotiable, limited circulating and withdrawn from circulation.

On economic grounds, property is subdivided into:

Basic and working capital;

Property of production and non-production purpose;

Tangible and intangible assets;

Funds for various purposes.

For the formation of property for the purpose of conducting entrepreneurial activities, entrepreneurs can acquire property for ownership or for temporary possession and use. Property is acquired during the formation of the authorized (pooled) capital (for example, when creating a partnership) and on other grounds provided for by law.

An entrepreneur's property includes all types of property intended for his activities (land plots, buildings, structures, equipment, inventory, raw materials, products, rights to a company name, trademarks, etc.). The property rights of an enterprise are secured by securities that certify certain property rights of its owners. Special types of property are money and foreign currency.

Legal status of an entrepreneur forms a set of rights and obligations that make up the content of business relations. Entrepreneur's right- this is an expression in a specific legal norm of the principle of freedom of entrepreneurship by assigning rights to a specific subject.

1) the right to perform their own actions;

2) the right to demand the performance of duties and obligations by other persons in their own interests;

3) the ability of entrepreneurs to protect their interests.

Every entrepreneur is provided with equal opportunities for doing business and the same legal position, regardless of place of registration or place of residence. Individual entrepreneurs can choose any place of residence, and the founders of a commercial organization can choose any location of the legal entity they create. In accordance with the principle of freedom of economic activity, an entrepreneur has the right to independently and independently set prices for goods and services, except for those that are regulated by the state (natural monopolies).

Commercial organizations can carry out any kind of activity. Entrepreneurs have the right to own property, including land, other natural resources, cash etc. Every entrepreneur has the right of free access to any market for a particular product. The rights of entrepreneurs may be limited by federal laws.

TO entrepreneurs' rights relate:

The right to create legal entities;

The right to own property, other property and non-property rights;

The right to conclude transactions that do not contradict the law;

The right to participate in obligations;

Obligation of the entrepreneur Is a measure of limiting his economic freedom, a condition for the legality of an entrepreneur's behavior and is established through legal requirements or legal prohibitions.

The obligations of an entrepreneur are governed by civil law and are an element of civil law relations. They are established in relation to society, to consumers, to employees, competitors, entrepreneurs - the other party in the transaction.

Obligations of the entrepreneur can be divided into several groups, depending on the stages of entrepreneurial activity:

1) preparation for entrepreneurial activity. During this stage, state registration takes place, the entrepreneur receives licenses, permits, permits, etc. He conducts the preparation of forms and accounting books, financial and statistical reporting, becomes tax-registered. At this stage, the formation of production base;

2) the production of goods and the provision of services. At this stage, the duties of the entrepreneur include the implementation of legislation, obligations under transactions, etc.

3) the formation of the results of entrepreneurial activity and their disposal. At this stage, the duties of the entrepreneur include:

Paying taxes to budgets different levels;

Payment of mandatory payments to off-budget funds;

Submission of tax returns, tax reports and balance sheets;

Presentation of statistical information.

Responsibility of the entrepreneur is established in order to stimulate entrepreneurs to comply with established procedures, standards and rules, to punish entrepreneurs for non-compliance with their duties, to prevent violations, to ensure the restoration of violated rights.

The responsibility of an entrepreneur is expressed by a sanction that is applied to the offender in the form of imposing additional duties on him (payment of a fine, forfeit, damages, etc.) and deprivation of his right, which entails negative consequences for him. Deprivation of the right is expressed in the confiscation of property in the state revenue, deprivation of ownership of property, in the restriction or termination of the legal personality of an entrepreneur. These measures include:

Liquidation of a legal entity by a court decision in case of carrying out activities:

No license;

Prohibited by law;

Repeated or gross violations of the law;

· Reorganization of a legal entity by decision of state bodies or by a court decision;

· Suspension of the activity of a legal entity or individual entrepreneur;

· Cancellation of the license by a court decision (if the entrepreneur violated the licensing requirements, as well as if these violations entailed a violation of the rights, legitimate interests of citizens, damage to their health;

· The application of criminal punishment in the form of deprivation of the right to engage in certain activities or hold certain positions;

· Restriction of entrepreneurial activity or individual operations.

Responsibility arises only with a set of legal facts that determine the composition of the offense - the unlawfulness (unlawfulness) of the entrepreneur's behavior, violation of public interests, a causal relationship between them, the fault of the offender.

TOPIC 2. SOURCES OF BUSINESS REGULATION

Business law: subject and methods of legal regulation. Principles of Business Law. Legal regulation of entrepreneurial activity. Types of legal sources. Civil law and its system. Action of civil legislation. Application of civil legislation. Correlation of business law with other branches of law.

If labor relations are governed by regulations labor legislation, then with entrepreneurial activity the situation is more complicated. For a long time in our state, entrepreneurial activity was not only not regulated by the state, but was also directly prohibited; engaging in it in the Criminal Code of the RSFSR in 1960 was severely punished (for example, speculation) by imprisonment for up to 10 years with confiscation of property. Only since the second half of the 1980s, for the first time and then within very limited limits, the law allowed citizens to engage in entrepreneurial activities based on their personal labor, which was called individual labor activity... Currently, the state not only recognizes the right of citizens and private organizations to engage in entrepreneurship, including with the involvement of hired labor, but also encourages it.

Business law is an integral part of the legal system of Russia, as it regulates relations associated with the market economy. A feature of business law is that it is formed from the norms of various branches of law - constitutional, civil, labor, financial, administrative, criminal, tax, etc.

Business law of the Russian Federation – a set of norms of various branches of Russian law governing public relations in the field of entrepreneurial activity.

At the same time, the norms of business law establish:

Legal requirements for entrepreneurs and other participants in business relations;

Basic rules of entrepreneurship;

Legal liability for non-compliance with the established rules.

Through the norms of business law, the state creates favorable conditions for entrepreneurship, develops market relations, contributes to the creation of such market structures as stock exchanges, banks, trading houses, etc.

Under subject of legal regulation the circle is understood public relations which are governed by this branch of law. The subject of business law therefore, are public relations in the field of entrepreneurial activity and related non-commercial relations. Such relations form economic and legal relations and a single economic and legal turnover.

Under method of legal regulation the set of techniques and methods of legal impact on social relations is understood. The methods of business law include methods:

Mandatory regulations (the rights and obligations of subjects of business relations are established);

Autonomous decisions, autonomy of the will of the parties to legal relations (i.e., the rights and obligations of participants in entrepreneurial activity are established by mutual agreement);

Approval (the subject of business law solves the issues that have arisen independently, and upon entering into a legal relationship - in agreement with another participant);

Prohibitions.

Principles of Business Law- these are the fundamental principles that determine the legal norms of business law. These include:

1) The principle of freedom of entrepreneurial activity (enshrined in Article 34 of the Constitution of the Russian Federation - “everyone has the right to freely use their abilities and property for entrepreneurial activity and other economic activities not prohibited by law.” But freedom of entrepreneurship can be limited by federal laws in the interests of society. The freedom of entrepreneurship is also limited by the licensing of certain types of economic activities.

2) The principle of recognition of the diversity of forms of ownership, legal equality of forms of ownership and their equal protection. According to this principle, legislation cannot establish any privileges or restrictions for business entities. All subjects are provided with the same protection of their rights.

3) The principle of a single economic space. This principle establishes in the Constitution the "free movement of goods, services and financial resources" throughout the territory of the Russian Federation. In accordance with this principle, the establishment of customs borders, duties, fees or other obstacles for the free movement of these objects is not allowed on the territory of the Russian Federation.

4) The principle of maintaining competition and preventing economic activity aimed at monopolization and unfair competition. Compliance with this principle is necessary for the development of a market economy and the implementation of entrepreneurial activities.

5) The principle of state regulation of entrepreneurial activity. It is carried out in various forms and methods, which are determined by political conditions, the level of economic, social development and other factors.

6) The principle of legality. In accordance with this principle, entrepreneurial activity must be carried out in strict compliance with the requirements of the legislation, and the state must ensure the legality of legal acts, the legality of the activities of the authorities that regulate entrepreneurship.

Of particular importance in such regulation are constitutional guarantees of entrepreneurship. According to the Constitution of the Russian Federation (Article 34), everyone has the right to freely use their abilities and property for entrepreneurial activity and other economic activities not prohibited by law. In addition, recognizing the right to private property, including land and other natural resources, the Constitution defines the most important economic guarantee of entrepreneurial activity.

Of particular importance in modern Russia acquires legal regulation of entrepreneurial activity, which is carried out through the use of various legal sources.

A legal source is called a way of securing legal norms. Legal sources of business law fix the legal rules that govern the relationship between entrepreneurs. The following legal sources of business law operate in the Russian Federation:

1. The main source is the Constitution of the Russian Federation, which has supreme legal force, direct effect and is applied throughout the territory of our state. All laws and regulations must not contradict it. The Constitution of the Russian Federation establishes the constitutional foundations of entrepreneurship, constitutional restrictions. Business law belongs to the jurisdiction of the Russian Federation and provides a unified legal regulation of entrepreneurial activity throughout the territory of the Russian Federation.

2. One of the sources is the Civil Code of the Russian Federation, which regulates not only civil legal relations, but also business ones. The Civil Code discloses the concept of entrepreneurship, organizational and legal forms of its implementation, the concept of the legal regime of property of entrepreneurs, the concept of contracts.

3. A significant place among the sources of business law is occupied by federal laws about entrepreneurial activity. They are classified into laws:

Regulating the general state of a certain type of market;

Establishing the legal status of a business entity;

Regulating certain types of entrepreneurial activity;

Establishing the legal status of individual market entities;

Establishing requirements for entrepreneurial activity.

4. An important role in the regulation of entrepreneurship is played by by-laws, which should not contradict the Constitution and federal laws. These are Decrees of the President, Resolutions of the Government, regulations federal authorities executive power.

5. When regulating entrepreneurial legal relations, the normative legal acts of the USSR continue to operate.

6. In a number of cases, along with federal sources of law, acts of the subjects of the Russian Federation may also operate.

7. Legal acts in the field of entrepreneurship can also be issued by local self-government bodies (in the field of regulation of ownership of the property fund belonging to them).

8. Local acts, which are created by business entities themselves (Charter, statute, constituent agreement, etc.), also play an important role; they can establish a commercial secret regime.

9. Business customs are also sources of business law. In Art. 5 of the Civil Code of the Russian Federation states that this is "an established and widely applied rule of conduct that is not provided for by legislation, regardless of whether it is recorded in any document." Business customs are applied along with the legislation in its gaps, but not in spite of it. The legal significance of customs is that they follow the application of regulations and contracts.

10. An integral part of the legal sources of business law are generally recognized principles and norms international law, as well as international bilateral and multilateral treaties of the Russian Federation.

The main role in the regulation of entrepreneurship belongs to the norms of civil and administrative law. Civil law fixes the legal status of individual entrepreneurs and legal entities in property turnover, regulates property relations and contractual relations.

Civil law governs entrepreneurial activity in the following areas:

Determines the organizational and legal forms of entrepreneurial activity (there are two such forms - entrepreneurship without the formation of a legal entity (individual entrepreneurship) and entrepreneurship with the formation of a legal entity);

Regulates the procedure for the creation and termination of legal entities, establishes the procedure for the bankruptcy of entrepreneurs;

Regulates "internal" relationships in commercial organizations, i.e. relations between the participants of the organization, as well as between the participants and the organization itself (corporate law);

Protects the means of individualizing business participants, their goods, works, services, brand names, trademarks, service marks, etc.;

Regulation and protection of property relations and relations derived from it (property law);

Regulates and protects the contractual relationship that entrepreneurs enter into when carrying out their activities (contract law);

Establishes the grounds, forms and amount of property liability of entrepreneurs for civil tort committed by them in the course of business.

The norms of civil legislation are concentrated in the Civil Code of the Russian Federation, which has priority among the normative acts regulating civil relations. In addition, the norms of civil law include federal laws (FZ), decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, regulatory legal acts of executive bodies of the federal level (ministries and departments). In accordance with the Constitution of the Russian Federation, civil legislation is under the exclusive jurisdiction of the Russian Federation. This means that the subjects of the Russian Federation and municipalities cannot adopt acts containing civil law norms. In addition to regulatory sources in this area of ​​public relations, the customs of business turnover are applied, i.e. rules of conduct that have developed and are widely used in any area of ​​entrepreneurial activity that are not provided for by law, but are recognized by the state. Business customs are applied in areas such as banking and insurance, as well as shipping.

Under civil law system is understood as a set of normative legal acts containing the norms of civil law.

Depending on the legal force, all acts included in the system of civil legislation are subdivided into:

a) acts with the highest legal force - laws;

b) acts of a subordinate nature - decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation;

c) bylaws issued by other federal executive bodies - acts of federal ministries and departments.

Acts related to the system of civil legislation are also classified on the basis of other criteria, in particular, depending on the volume and nature of the civil law norms contained in them. On the basis of this criterion, acts are distinguished that have a purely civil law nature, such as, for example, the Civil Code of the Russian Federation, and complex regulatory legal acts containing, along with the norms of civil law, also norms of other branches of law. An example of this kind of acts is the Housing Code of the Russian Federation, which contains both civil law and administrative law.

Entrepreneurial relationships are complex in content and structure.

The first group of such relationships is ϶ᴛᴏ relationships associated with organization of entrepreneurial activity. Material published on http: // site
It is worth noting that they are based on the right of citizens to engage in entrepreneurial activity, its development, determination of the entrepreneurial legal capacity of citizens, the creation of a legal entity, the establishment of state registration of citizens as individual entrepreneurs, legal entities, licensing, as well as organizational and property relations. These relations are interconnected by subject unity - they will be entrepreneurial. According to the method of legal regulation - ϶ᴛᴏ diversified relations.

The second group is the relationship associated with the business itself. The dominant position is occupied by civil law regulation. Although here there are also a number of cases of state influence on private law relations - for example, state regulation of prices for products and services of natural monopolies, etc.

The third group is closely related to the first and second. But if there the initiative side of organizing entrepreneurial activity will be mainly the citizen, other business entities, then here the state sets the rules and the consequences of their violation, protecting public and private interests.

The fourth group - ϶ᴛᴏ on-farm relations arising in large business structures. Regulated by local regulations.

The specificity of legal regulation of entrepreneurial activity is expressed in the combination, interaction of private and public law interests, private law and public law means. In relation to some actions, a private law means of regulation is applied - a contract. In other cases, public law means are applied.

Contract- the main legal means of private law. When m, public law impact on contractual relations is applied. Many agreements are built in ϲᴏᴏᴛʙᴇᴛϲᴛʙii with Model Agreements approved by government bodies... A private law remedy acquires a public law character, being sanctioned by the state.

Entrepreneurial turnover often cannot be carried out without the use of public law means. So, in ϲᴏᴏᴛʙᴇᴛϲᴛʙii with Art. 46 of the Law on Companies with limited liability a major transaction can be concluded if accepted general meeting participants in the decision to commit it. Such a decision cannot be attributed to private law means, since it involves managerial action. The state influences both the contract and its individual conditions.

Private law means can be directly used in public law relations. Thus, a tax credit is formalized by an agreement.

Many private law means are being transformed into private-public legal means.

The peculiarity of entrepreneurial activity is that it is a sphere of interaction between private and public interests, and its regulation is carried out using public law and private law means.