Entrepreneurial law of the Russian Federation is a set of regulatory provisions. They are different in their focus and nature. These provisions are grouped by institution. Existing types of business law contain rules that are divided into categories in accordance with their objectives. So, for example, they distinguish the institution of privatization and privatization, bankruptcy, regulation of the quality of services and goods. Let us further consider in detail what constitutes the subject, method and system of business law.
General information
The existing legal institutions regulate the business relationships of entities with each other, enterprises with the state and population. The work of business entities is carried out in accordance with various standards. They are administrative, financial and other. The provisions regulate issues of foreign trade, development of competition, privatization, etc. A civil law mechanism also works within the framework of the economic sphere. It protects the property interests of market participants.
Sources
Entrepreneurial law and entrepreneurial activity, as indicated above, are based on various norms. They act as sources. The rules governing the interaction of economic entities are present in federal laws, presidential decrees, government decrees, instructions, orders of departments and ministries. The sources of law are also the customs of circulation. They apply to cases not regulated by law.
The subject and method of business law
The norms, as mentioned above, regulate the interaction of business entities with other participants in the turnover. That it is the subject of law. In addition, non-profit interactions established within the framework of the functioning of enterprises act as it. These include, among other things, state regulation of the national economic complex. The impact on interactions is carried out in various ways. These methods of business law exist in two forms. The first is based on equality of participants, economic mechanisms. This is a civil law method of exposure. The other comes from the unequal interaction of the parties. This is an administrative mechanism of influence.
Methods Used
The above groups include different methods of business law. They are used depending on the nature of the interaction between the subjects. Moreover, all methods of business law are focused on ensuring equal conditions for all market participants. The following remedies exist:
- The mechanism of autonomous solutions. This method of regulation of business law implies the ability of the subject to independently make decisions on any issue. When he enters into interaction with other participants in the turnover, he is obliged to coordinate his orders with them.
- The mechanism of mandatory requirements. This mechanism works with unequal interactions between the parties - power subordinates.
- Recommendations and prohibitions. These business law methods are used to create certain restrictions. One participant in the interaction may give another recommendations on the rules of doing business or directly prohibit something (conclusion of transactions, for example).
Fundamentals of the work of business entities
In any economy, the production of services and goods is carried out by many enterprises. Moreover, only within the framework of market conditions does the company act as an independent and independent entity. Entrepreneurship can be defined as the process of connecting and organizing production factors to create wealth for the realization of interests and the achievement of the goals of a business company. The main objective of the subject is to maximize profits. Entrepreneurial activity can be carried out by an individual in the status of individual entrepreneur or on behalf of a legal entity.
Signs of business
From the above concept of entrepreneurial activity, the following characteristics can be derived:
- This is an independent work of capable individuals.
- This is an initiative activity focused on the realization of human abilities.
- This is a continuous process, the purpose of which is to make a profit.
- The work of an economic entity is always associated with risk.
- Entrepreneurial activity is based on the rule of law and can be carried out both by individuals and organizations.
Subjects
Entrepreneurship is entitled to engage in:
- Associations of people.
- Citizens of Russia.
- Foreigners.
The subject is given the status of an entrepreneur after state registration. Without this procedure, the operation of the enterprise will be considered illegal. Entrepreneurial activity is conducted both with education and without creating a legal entity. In the latter case, the individual receives the status of individual entrepreneur.
Business goals
An entity may conduct business for:
- Self-realization.
- Extraction of constant and high incomes.
- Survival in the long run.
- Market conquest, etc.
The main motive, however, is making a profit. The adoption of this goal as the main one is determined by the following:
- Income acts as a universal indicator of enterprise performance. Not all companies can allow the implementation of actions leading to lower profits.
- There is a fairly high competition on the market. Only those enterprises that have a high income are able to survive in the struggle.
- The desire to maximize profits allows us to predict and explain the behavior of a number of companies, the dynamics of their prices and production volumes.
Form of work organization
The legal form of the enterprise is a set of specific features that allow it to stand out in the system of general characteristics of legal entities. According to these criteria, this company (or group of companies) differs from the rest. Each class of legal entities in its legal form is divided into groups. Commercial structures can be formed in the form of business companies and partnerships, unitary municipal and state enterprises, production cooperatives. Non-profit organizations are created in the form of religious / public associations, consumer cooperatives, institutions funded by the owner, charitable foundations, etc.
Principles and methods of business law
The interaction of subjects in the economy is carried out in accordance with the constitutional provisions and norms of the Civil Code. The subject and method of business law are legally fixed categories. The functioning of enterprises is regulated rather strictly. At the same time, business relations are based on certain conditions.
Liberty
Articles 34 and 8 of the Constitution state that everyone has the right to exercise their abilities and use their own property to conduct entrepreneurial and other activities permitted by law. The principle of freedom was developed in the Civil Code and other regulatory acts. It reflects the ability of the subject to create and develop his business in any economic sphere of his choice, in any form permitted by law, using property objects that were not taken out of circulation. This principle is confirmed by the establishment of a common legal personality for most IPs and commercial enterprises. Meanwhile, freedom has its limits. In the public interest, federal law can limit it to the extent that it is necessary to ensure the protection of constitutional foundations, morality, public health, the country's defense, etc. For example, some activities must be licensed.
Variety of forms, equality and protection of property
Article 8 of the Constitution establishes that in the Russian Federation public, private, municipal property is recognized and protected. In accordance with this provision, the legislation cannot provide for any restrictions and privileges for any form of ownership. Preferences for entities conducting their business using material assets belonging to the municipality, the state or another person are not allowed. Previously, the rules provided for the preferential protection of state property. Currently, the rules are the same for all forms of ownership and entities.
Common Economic Space
In Russia, the free movement of funds, services and products throughout the territory is envisaged. This principle is also constitutional. It is recorded in Articles 74 and 8 of the Basic Law. In accordance with this principle, the introduction of customs duties, taxes, the establishment of borders or other obstacles to restrict the free movement of funds, products and services is prohibited in Russia. Protectionism measures can only be used if necessary to protect the health and life of the population, the security of the country, the protection of cultural and natural values. At the same time, neither regional nor federal authorities have the right to introduce these restrictions on their own initiative.
Maintaining competition
In Russia, activities aimed at unfair struggle and monopolization of the market are not allowed. This principle is established by articles 34 and 8 of the Constitution. The fulfillment of this requirement acts as a necessary condition for the development of a market economy and doing business in the country. A special role in maintaining competition, combating its unfair manifestations and monopolization is assigned to the Federal Law of 03.22.1991. It acts as the first antimonopoly normative act in Russian history.
Use of government mechanisms
In any country, various instruments of state regulation are used. Their various forms and methods of influencing the work of economic entities depend on political conditions, the level of economic and social development, national characteristics, historical traditions and a number of other factors. The transition of the domestic economy to a market model required a review of the previously existing impact system. In this case, of course, mistakes were made, but at the same time a certain positive effect was achieved. In particular, state regulation today ensures that the balance of interests of private enterprise, the state and society as a whole is maintained.
Legality
It is a fundamental principle in any field, including business. The functioning of economic entities should be carried out strictly in accordance with the norms. At the same time, the state is obliged to ensure the legality of issued acts, decisions taken by state authorities and municipal governments. The existing standards provide for a number of measures aimed at respecting the rule of law. In particular, article 13 of the Civil Code defines the procedure and conditions for invalidating an act of a municipal or regional government agency. In the field of regulatory regulation, the rule of law is strengthened by the introduction of the rules for registering decisions of federal executive institutions in the Ministry of Justice.
Academic discipline
Entrepreneurial law is currently being actively studied in educational institutions of higher and secondary professional level. Educational programs include the basics of regulatory regulation of enterprises, the specifics of the functioning of entities, the factors of occurrence and implementation of the legal capabilities of participants in the turnover. Special attention in the study of discipline is given to the protection of the rights of entrepreneurs. The training describes sets of norms related to the business sector and other areas that interact with it. In addition, relations are being studied for state regulation of the economy to ensure the realization of state interests. Students in the learning process get acquainted with the basics of doing business, delve into the specifics of norms, ways of influencing the interaction of market participants.