The concept of entrepreneurship characterizes activities in the field of economics, the result of which are spiritual and material goods. Benefits are formed as a result of the performance of work, the use of property, the provision of services, the sale of goods.
Concept and signs of entrepreneurial activity.
The main characteristics are:
- systematic (in making a profit and in the activity itself.);
- risky nature;
- independence;
- focus on a systematic influx of profits.
Systematic characterization of the concept of entrepreneurial activity as inseparability, a single goal, unity of action.
Independence determines freedom of choice of methods and directions of work, prevention of arbitrary interference in someone’s private affairs, independence in decision-making, exercise of rights without obstacles, enforcement of rights and their judicial protection.
The risk characterizing the concept of entrepreneurial activity involves the legitimate formation of dangers for profit, achieving other results. An alleged event is called insurance risk if it has signs of chance and probability. An entrepreneur in his activities, as a rule, is not able to predict unambiguously whether he will incur a loss or make a profit. Often, the higher the risk, the more likely it is to get an income.
The concept of entrepreneurial activity is inextricably linked with the concept of systematic profit. The latter is the main goal of the whole work. Experts attribute the concept to the economic rather than the legal industry. Mainly, profit is the difference between the expenses incurred and the income received. As a result of the entrepreneur’s work, profits may not follow, however, the activity, however, will be entrepreneurial. At the same time, importance is attached not only to the actual receipt of profit, but also to the focus on its systematic extraction.
State registration is not considered an essential feature that characterizes the concept of entrepreneurial activity. However, this is an important component of the legal status of a businessman. Registration is a condition of proper (legal) business. In the absence of state registration, a citizen who acts as an entrepreneur does not have the right to refer to transactions concluded by him that he is not an entrepreneur. The court may apply special rules to such transactions, which are established for obligations related to the above actions.
There are activities that are carried out only at a professional level. In these cases, the entrepreneur must have the appropriate education (for example, medical) or pass exams for qualifications (for example, for the arbitration manager).
Many experts note that despite the sufficient versatility of the legal and technical elaboration of civil legislation in relation to entrepreneurial activity, the legal system of the Russian Federation needs a more specialized law on the above activities. As a confirmation of these statements, numerous examples from judicial practice are given. Often, entrepreneurs or dishonest citizens take the opportunity of a double interpretation of the signs of their activities. This, in turn, is misleading to both supervisory authorities and judicial authorities. A more specialized law would eliminate such phenomena, thus optimizing state regulation and supervision.