The protection of the rights of an entrepreneur, as well as his legitimate interests, is the use of a whole set of special mechanisms that have regulatory certainty. Such mechanisms are aimed at restoring or recognizing a violated or contested right, as well as the interests of a businessman. Various ways of protecting the rights of entrepreneurs are carried out in those ways and in such forms that also comply with applicable law. Measures of legal liability should be applied to the violator of interests and rights, but only within the framework established by applicable laws.
At the same time, it is worth noting the fact that each individual branch of law has its own requirements for how the protection of the rights of an entrepreneur should be ensured.
Article 15 of the Civil Code
In accordance with this article, the protection of the rights of an entrepreneur should be provided if necessary to compensate for any losses incurred as a result of a violation of his rights and legitimate interests. In particular, this also includes lost profits, that is, a certain amount of income that was not received by the businessman, but on which he had good reason to rely on if his rights were not violated.
It is worth noting that the current criminal law also considers the creation of obstacles for doing business, if it is carried out legally, among the punishable actions. And in such situations, full protection of the rights of the entrepreneur should also be provided.
What is this about?
In order to defend his interests, a businessman can use a variety of mechanisms and methods, all of which are provided for and are listed in some detail in the current legislation. What unites them all is that the use of such mechanisms and means ultimately leads to a full restoration of the position of the entrepreneur that he had before the violation occurred. Actions that infringe on his legal rights, or which create a real threat to their application, must be stopped.
At the same time, one must correctly understand that entrepreneurship is an exclusively initiative independent activity that is carried out by a person at his own peril and risk, as a result of which protection of the rights of entrepreneurs may be necessary in a number of unforeseen circumstances.
Underwater rocks
A rather important problem is that modern businessmen in the overwhelming majority of cases do not know all the intricacies of modern jurisprudence in Russian and international practice. Imagine that suddenly you had some difficult situation with your partners operating in Russia, and even here you will not be able to cope on your own. What can we say about that, if you need to use certain methods of protecting the rights of entrepreneurs in the process of solving problem situations with partners from other states, after all, you will not know all the necessary subtleties here. For this reason, in the overwhelming majority, people prefer to turn to qualified specialists who are fully aware of the current legislation and have extensive experience in resolving such disputes.
What can happen?
Over time, more and more people are becoming interested in the forms of protecting the rights of entrepreneurs, but it must be correctly understood that the subject of protection should be discussed directly in this case. Without an understanding of how the content of the businessman’s activities is carried out, as well as what exactly is included in this concept, it will be rather difficult and unpromising to engage in a discussion of this problem.
Anyone who can use the law on protecting the rights of entrepreneurs perfectly understands that he is engaged in personal business, but only a few know what exactly is included in this concept, including those people who are the direct object of discussion. A clear understanding of what exactly needs to be protected, from whom it will be necessary to use the Federal Law on the Protection of the Rights of Entrepreneurs, and also for what reason it is important to provide such protection, it is absolutely necessary for every businessman, as well as for those who may become violators of these rights.
Features of the law
The official document regulating the foundations of entrepreneurial activity is the Civil Code, and more precisely, its article No. 2. This article refers to the entrepreneurial activity of every citizen engaged in business development independently and at his own risk, and the direction of such activity is to obtain systematic profit .
The source of profit may be the use of certain property, the performance of work, the provision of various services or the sale of goods. The person who carries out the activities referred to in Article No. 2 must be officially registered as an entrepreneur, and the procedure for such registration is carried out individually in each individual case.
Why is it important to understand this rule of law?
The legal definition of entrepreneurship is important for several reasons:
- There are reasons to establish certain requirements on how such activities should be carried out.
- Failure to comply with the established requirements results in the fact that the offender must apply appropriate measures of responsibility.
- The legal consequences of various facts, events or actions related to the conduct of entrepreneurial activity are basically based on the legal definition of entrepreneurial activity defined by the current legislation.
Example
In accordance with applicable law, each person who is going to engage in their own business must register business activities. In the event that it will be conducted without prior registration, this will already be interpreted as a direct violation of the laws, and no protection of the rights of legal entities and individual entrepreneurs has anything to do with this person.
Thus, the person who committed this violation must be punished accordingly. In particular, the state completely transfers all the income received by a person in the process of conducting such activities, and at the same time, the country should not ensure the protection of the rights of an individual entrepreneur.
To solve the problem of state registration, first of all, it is necessary to determine what specific actions will be included in that very activity, and only after that it will be possible to resolve the issue of what will be the negative consequences of non-compliance with the order established by laws.
Second example
Since the main goal of doing business is to make a profit, it is a logical continuation of making a profit that is the obligation to pay taxes. In order to resolve the issue of taxation, you must first decide on the composition of income that may be taxed, and whether any remuneration can be regarded as income from activities. The practice of modern government bodies indicates that in the overwhelming majority of cases, they try to combine with profit any income that was received in the process of doing business. Accordingly, the size of the tax base increases in parallel, which is far from always correct, and in many cases the protection of the rights and interests of entrepreneurs can be provided.
The main features of entrepreneurial activity
In order to correctly determine the conduct of business, as well as, for example, to know where “Federal Law No. 294 on the Protection of Entrepreneurs' Rights” can be used, one needs to understand a number of essential features. Some of these signs are established by applicable law or may not be established, but at the same time do not lose their importance.
First
Entrepreneurship should be a specific activity. Despite the fact that the current legislation often uses "activity", it does not have an official explanation for it. It is for this reason that in order to explain the state of activity, one has to resort to economic and philosophical conceptual categories.
In accordance with the philosophy of activity is an advisable change in the environment of a person in their own interests or the interests of others. Among these elements can be identified:
- a subject by which his activity is directed to other subjects or some objects;
- an object experiencing the purposeful activity of a certain subject;
- the activity itself, which is a certain way of influencing an object or a way of determining a communicative effect between several subjects.
Thus, an entrepreneur is a certain person who performs a combination of various actions that are carried out systematically and constantly, and at the same time aimed at providing benefits of both intangible and material nature. All these actions are implemented in the relevant market as goods, or actions aimed at the provision of certain services or performance of work. It is for such people that the 294 law on the protection of the rights of entrepreneurs can be applied.
Second
The second sign is a certain property, which was not provided with legislative consolidation, but at the same time being quite important, namely, professionalism. This feature is manifested in the fact that the entrepreneur carries out his own activities in full accordance with the established methods and requirements, but at the same time, his activity is onerous, and the subject affects his own actions.
Third
An entrepreneur independently engages in his own activities. This attribute is characterized by the intentional will of the entrepreneur, aimed at carrying out a certain type of activity, which should be carried out by legal entities and citizens by their authorities and in their personal interests.
Fourth
Profit is systematic in nature, and it is formed from income received in the process of conducting business activities, reduced by the total amount of expenses. Carrying profit is that part of the revenue that has already remained after any taxes and all other budget payments have been transferred.
Thus, entrepreneurial activity cannot be characterized by the implementation of any actions aimed at one-time profit, and in the performance of such actions, no responsibility for conducting unregistered entrepreneurial activity can arise. It is worth noting the fact that this provision is also reflected in the current regulatory framework.
Fifth
A person engages in entrepreneurial activity solely at his own peril and risk, and the latter concept is reflected exclusively in a separate law “On the organization of insurance business”. In order to determine the concept of risk in modern entrepreneurial activity, you can use the concept from this law, in accordance with which a risk can be recognized as an event that has signs of chance or probability of occurrence. One of the main goals of forming a legal entity is to minimize entrepreneurial risk.
In accordance with the legal literature, entrepreneurial risks include the possibility of non-receipt of profit, any other planned result of the activity or the receipt of a negative result from the actions of the entrepreneur.