abstract
Legal regulation of entrepreneurial activity
Introduction
1. Legal regulation of entrepreneurial activity in the Russian Federation
1.1 The concept and signs of entrepreneurial activity
1.2 Legal regulation of entrepreneurial activity
1.3 Concept, subject, method, system and sources of civil law
2. Business contracts. Main types and features
2.1 Principles and procedure for concluding business contracts
Conclusion
Bibliography
Introduction
Entrepreneurial activity and the social relations that develop in connection with its implementation.
The function of such regulation is performed by the norms of various branches of law: constitutional, international, civil, administrative, labor, financial, environmental, land, etc. The totality of such norms related to the regulation of entrepreneurship is often combined under common name « business law" (economic law).
Of particular importance in such regulation are the 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 and other economic activities not prohibited by law. Thus, at the constitutional level, the necessary prerequisite for free enterprise is established - the universal entrepreneurial legal capacity of citizens. Moreover, while recognizing the right private property, including land and other natural resources, the Constitution of the Russian Federation establishes the most important economic guarantee for entrepreneurial activity (Articles 35, 36).
Nevertheless, the main role in the regulation of entrepreneurship belongs to the norms of civil and administrative law. Civil law determines the legal status individual entrepreneurs and legal entities in property turnover, property relations and contractual relationship. The norms of administrative law establish the procedure for state registration of business entities, the procedure for licensing certain types entrepreneurial activity, etc. At the same time, civil law is the basis of private law regulation of entrepreneurial activity, and administrative law is public law. The leading role in the mechanism of legal regulation of entrepreneurship belongs to the norms of private law, and especially civil law.
This is not surprising, if we recall the features characterizing entrepreneurial activity, organizational and economic independence, initiative, implementation at one's own risk, focus on making a profit.
The relevance of the topic is the change in economic relations in Russia, the emergence of diverse forms of ownership, the development of entrepreneurial activity. All this influenced the formation of legislation, including the system of state regulation in the field of production, work, services, and their quality. AT given time the process of reforming the system of legislation in the field of legal regulation is being actively carried out.
The purpose of the work is to determine the main directions for the development of the foundations of legal regulation in the field of production and sale of products and related processes.
In accordance with the goal, the following tasks were solved:
The concept and signs of entrepreneurial activity are considered;
Considered legal regulation entrepreneurial activity in the Russian Federation;
The concept of a business contract is considered;
The main types and features of business contracts are indicated.
The principles and procedure for concluding business contracts are considered.
1. Legal regulation of entrepreneurial activity in the Russian Federation
1.1 Pconcept and signs of entrepreneurial activity
In the context of the emerging in Russia free market goods, works and services, the scope of entrepreneurial activity is expanding. Entrepreneurial activity is understood as an independent activity carried out at one's own risk, aimed at systematically obtaining profit from the use of property, the sale of goods, the performance of work or the provision of services by citizens and legal entities registered as entrepreneurs in in due course.
This definition reflects six features of entrepreneurial activity:
Her independent character;
Implementation at your own risk, i.e. under the sole responsibility of entrepreneurs;
The purpose of the activity is to make a profit;
Sources of profit - use of property, sale of goods, performance of work or provision of services;
The systematic nature of making a profit;
The fact of state registration of business participants.
The absence of any of the first five signs means that the activity is not entrepreneurial. To qualify an activity as entrepreneurial, a sixth (formal) feature is also needed. However, in some cases, the activity can be recognized as entrepreneurial even in the absence of formal registration of the entrepreneur. A citizen who carries out entrepreneurial activities without registering as an individual entrepreneur is not entitled to refer, in relation to transactions concluded by him, to the fact that he is not an entrepreneur.
Knowledge of all legal, i.e., based on the formula of the law, signs of entrepreneurial activity is also necessary in the presence of state registration of an entrepreneur, since it can be carried out in violation of the law. In some cases, persons who are unable to independently carry out such activities (incompetent), bear independent property liability or do not have the goal of systematically making a profit are registered as entrepreneurs. In such cases, the registration may be declared invalid by the court, and if the violations of the law committed during the creation of a legal entity are irreparable, it may be liquidated.
1.2 Legal regulation of entrepreneurial activity
It is necessary to distinguish between entrepreneurial activity and the activity of entrepreneurs. Entrepreneurs not only conclude contracts, are responsible for their violation, but also attract employees pay taxes, customs duties, bear administrative and even criminal responsibility for the commission of unlawful acts. The activities of entrepreneurs cannot be either a privilege or a burden of any one branch of law, as well as some kind of complex “business code”. It is regulated and protected by the norms of all branches of law - both private (civil, labor, etc.) and public (administrative, financial, etc.).
Diversified norms on the activities of entrepreneurs provide, for example, federal laws of June 14, 1995 No. 88-F3 “On state support for small business in Russian Federation”and of December 29, 1995 No. 222 - F3 “On a simplified system of taxation, accounting and reporting for small businesses”, as well as Decree of the President of the Russian Federation of April 4, 1996 No. 491 “On priority measures state support small business in the Russian Federation”. In particular, they provide:
The procedure for issuing a patent for the right to apply a simplified system of taxation, accounting and reporting of individual entrepreneurs and legal entities - small businesses;
Benefits for granting loans to them;
However, this does not mean that all branches of law equally regulate the entrepreneurial activity itself. Since the content of entrepreneurial activity primarily and mainly consists of property relations of legally equal subjects, that is, what is regulated by civil law, we can talk about civil law regulation of entrepreneurial activity on the basis of the civil code and other civil legislation. This, of course, requires the assimilation of the basic provisions of civil law and taking into account, on this basis, the features of civil law regulation of business relations as a type of civil law relations.
Entrepreneurial law reflects the main aspects of civil law regulation of both entrepreneurial activity and the activities of entrepreneurs.
1.3 Concept, subject, method, system and sources of civil law
Civil law is a set of legal norms regulating property and related personal non-property relations based on equality, autonomy of will and property independence of their participants. Civil law as the leading branch of private law has its own subject, method, system and sources.
The subject of civil law is property and personal non-property relations. Property relations are property relations and other real relations, relations connected with exclusive rights on the results of mental labor (intellectual property), as well as relations arising within the framework of contractual and other obligations. Relations of a personal nature, such as, for example, relations of authorship to works of science, literature, art, inventions and other ideal results of intellectual activity, are recognized as related to property.
Entrepreneurial activity is an interconnected system of legal and extra-legal instruments that enable citizens and legal entities to carry out activities at their own peril and risk, the main purpose of which is to make a profit, and the main content is the production, exchange or redistribution of basic resources.
The legal regulation of entrepreneurial activity has its own specific features, the main of which is that there is an intersection of both private and public-state interests and funds. At the same time, it is worth emphasizing that in relation to private interests, the contract is most often used as the main instrument of regulation, and in relation to public and state interests, public law means.
It should be noted that the legal regulation of entrepreneurship and the civil law contract are inextricably linked with each other. From the point of view of private law, the contract is the main instrument of interaction between individuals. However, in parallel with this, the treaty is the most important institution through which the authorities state power carry out legal regulation of entrepreneurial activity. After all, almost every agreement, both between individuals and between organizations, is built in accordance with one or another "standard agreement" approved by the federal, regional or local authority authorities. In this case, the state, as it were, authorizes certain business relations.
In addition to contracts, which are still more within the jurisdiction of private law, business relations in a number of areas imply the use of means related to the so-called. An example of this can be the fact that any can be concluded only if it's consent general meeting members of this society. In this case, the state assumes not only the responsibility for creating standard contracts, but also controlling functions to oversee the correctness of the implementation of a particular procedure.
Thus, the legal regulation of entrepreneurship implies close interaction between the private and public spheres. On the one hand, it is, first of all, the basis for interaction between citizens, as well as between citizens and organizations and institutions regarding the production and exchange wealth, and on the other hand, the main regulator of this sphere are legal norms created or sanctioned by the state.
As for the content and structure of the legal regulation of entrepreneurial activity, it is worth highlighting three main components.
First, it concerns relations directly related to legal registration entrepreneurship. These relationships are entirely based on carrying out at your own risk and activity, taking on all the risks and responsibilities for its proper management and execution.
Secondly, the legal regulation of entrepreneurial activity covers relations directly related to entrepreneurship itself. Here, as already mentioned above, there is a synthesis of private and public-state regulation. At the same time, the state not only controls the correctness and legality of the implementation of certain transactions, but also with the help of taxes, interest rates and other instruments, it itself has a direct impact on the development of business in the country.
Thirdly, an important component of any business activity is the consumer, therefore, legal regulation in without fail should also cover this group of subjects. Here, one can also single out both the direct interaction between the entrepreneur and the consumer, as well as the intervention of the state as the most important regulatory body in the event of legal disputes.
Legal regulation of entrepreneurial activity is based on certain principles. Under the principles in jurisprudence, it is customary to understand the guiding ideas that underlie the regulation of a certain area of social relations. Aggregate certain ideas underlies the regulation of entrepreneurial activity. Thus, we can talk about the existence of the principles of legal regulation of entrepreneurial activity.
Unlike a number of other branches of Russian law, business law is not codified. Accordingly, there is no single normative act that would enshrine all the principles governing entrepreneurial activity. This causes certain difficulties in identifying the principles of legal regulation of entrepreneurial activity, causes discussions among scientists about their number and name. In addition, since neither the Civil Code of the Russian Federation nor other documents contain a chapter or article with the title “Principles of legal regulation of entrepreneurial activity”, disputes arise among scientists whether to consider this or that normatively fixed provision as an appropriate principle or something else.
In this situation, it is very difficult to give an exhaustive list of the principles of legal regulation of entrepreneurial activity. Therefore, further we will dwell on the characteristics of only the basic principles. However, first let's make a reservation. The principles of legal regulation of entrepreneurial activity are only the main provisions enshrined in the Constitution of the Russian Federation, the Civil Code of the Russian Federation and other regulatory legal acts and aimed at regulating relations in the field of entrepreneurship.
All other provisions, called in the legal literature the principles of legal regulation of entrepreneurial activity, but not directly enshrined in regulations, but only identified by scientists on the basis of their analysis and interpretation, can be called doctrinal principles of business law. Since they are not normatively fixed, in fact, they are not in the sphere of law, but in the sphere of legal consciousness. Their list is open and depends on the position of individual scientists.
Basic principles of legal regulation of entrepreneurial activity:
1. The principle of freedom of entrepreneurial activity. In part 1 of Art. 8 of the Constitution of the Russian Federation guarantees freedom of economic activity, and Part 1 of Art. 34 of the Constitution of the Russian Federation states: "Everyone has the right to free use of his abilities and property for entrepreneurial and other economic activities not prohibited by law."
According to V.V. Laptev, this principle is a fundamental principle of business law, it means the right of a citizen or organization to start and conduct business activities in any area of the economy. V.S. Belykh draws attention to the complex nature of the principle of freedom of entrepreneurial activity, and G.S. Hajiyev believes that the freedom of entrepreneurial activity includes a number of elements:
- freedom to choose the type of activity or occupation, freedom to be either a landlord-entrepreneur or an employer (Article 37 of the Constitution of the Russian Federation);
- freedom to move, choose a place of stay and residence - freedom of the labor market (Article 27 of the Constitution of the Russian Federation);
- freedom of association for joint economic activities - the choice of the organizational and legal form of entrepreneurial activity and the formation of various business structures(Article 34 of the Constitution of the Russian Federation);
- freedom to own property, own, use and dispose of it both individually and jointly with other persons, freedom to own, use and dispose of land and other natural resources (Articles 34, 35 of the Constitution of the Russian Federation);
- freedom of contract - to conclude civil law and other transactions (part 2 of article 35, article 74, part 4 of article 75 of the Constitution of the Russian Federation). On our own behalf, we add that the principle of freedom of contract is more clearly enshrined in Art. 1 and 421 of the Civil Code of the Russian Federation;
- freedom from illegal competition (part 2 of article 34 of the Constitution of the Russian Federation). This principle is also enshrined in Art. 10 of the Civil Code of the Russian Federation, and "certain provisions governing competition and antimonopoly activities are contained in laws on the regulation of exchange, banking, investment, innovation, insurance and other activities" . In particular, in terms of protection against illegal competition, it should be mentioned the federal law dated July 26, 2006 No. 135-FZ "On Protection of Competition";
- freedom to engage in any entrepreneurial and other economic activities not prohibited by law in accordance with the principle “Everything that is not prohibited by law is permitted” (Part 1, Article 34 of the Constitution of the Russian Federation).
It should be noted that the freedom of entrepreneurial activity may be limited in the interests of society to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state. In practice, in order to achieve the above goals, the freedom of entrepreneurial activity is limited by the mechanism of licensing its individual types.
2. The principle of the unity of the economic space, the free movement of goods, services and financial resources (part 1, article 8, article 74 of the Constitution of the Russian Federation). The essence of this principle is to prevent the establishment of customs borders, duties, fees and any other obstacles to the free movement of goods, services and financial resources on the territory of Russia.
Restrictions may be introduced only in accordance with federal law, if it is necessary to ensure safety, protect the life and health of people, protect nature and cultural values.
3. The principle of legal equality and inviolability of private, state, municipal and other forms of ownership(Part 2, Article 8 of the Constitution of the Russian Federation). The essence of this principle lies in the fact that in Russia all forms of ownership are equally recognized and protected.
Along with these principles in the legal literature are also referred to as the principles of business law, making a profit as the goal of entrepreneurship; legality in entrepreneurial activity; combination of private and public interests in business law; state regulation of entrepreneurial activity .
None of these principles is normatively fixed either in the Constitution of the Russian Federation or in other normative legal acts. Consequently, these provisions can be considered only doctrinal principles of legal regulation of entrepreneurial activity. At the same time, the proposed V.V. Laptev's principle of making a profit as the goal of entrepreneurial activity is rightly criticized by other scientists.
As for the principle of legality, the majority of scientists consider it to be an industry-wide, general legal principle. Legality in entrepreneurial activity is usually understood as strict observance of the legal norms regulating it. Nevertheless, this principle is not enshrined in the Constitution of the Russian Federation as an independent one in any specific article. It only follows from a number of its provisions. Its selection is a consequence of the interpretation of the Basic Law of the Russian Federation and other regulatory legal acts, a consequence of interpretative activity.
As part of the civilistic approach to commercial (entrepreneurial) law, which considers entrepreneurial law as a sub-branch of civil law, scientists identify a different set of principles of entrepreneurial law, considering them to be private law principles that manifest themselves in a special way in the field of entrepreneurship. Among the principles of commercial (entrepreneurial) law, they include the principles of:
- permissible direction of private law regulation;
- equality of participants in relations regulated by civil law;
- inviolability of property;
- freedom of contract;
- inadmissibility of arbitrary interference in private affairs;
- unhindered exercise of private rights;
- restoration of violated rights;
- judicial protection of violated rights.
However, the above provisions relate primarily to civil law and are neither the principles of entrepreneurial law, nor the principles of legal regulation of entrepreneurial activity due to the erroneous perception of entrepreneurial law as a sub-branch of civil law.
- See: Laptev V.V. Entrepreneurial law: concept and subjects. M., 1997.S. eight.
- See: Belykh V.S. Legal regulation of entrepreneurial activity in Russia. S. 42.
- See: Gadzhiev G.A. Protection of the basic economic rights and freedoms of entrepreneurs abroad and in the Russian Federation (experience of a comparative study). M., 1995. S. 137.
- See, for example: Alekseeva D.G., Andreeva L.V., Andreev V.K. Russian business law / ed. I.V. Ershova, G.D. Otnyukov; Belykh V.S. Legal regulation of entrepreneurial activity in Russia. S. 53.
- Only in Art. 15 of the Constitution of the Russian Federation contains the norm: “The Constitution of the Russian Federation has the highest legal effect, direct action and is applied throughout the territory of the Russian Federation. Laws and other legal acts applied in the Russian Federation must not contradict the Constitution of the Russian Federation. Government departments, local government, officials, citizens and their associations are obliged to observe the Constitution of the Russian Federation”.
- More details about the various approaches to understanding business law will be discussed in the next paragraph of this chapter.
- See: Commercial (business) law: textbook: in 2 volumes / edited by V.F. Popondopulo. 4th ed., revised. and additional M., 2009. T. 1.
The concept of entrepreneurial activity is contained in Art. 2 of the Civil Code of the Russian Federation.
Entrepreneurial activity is understood as an independent activity carried out at one's 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 the manner prescribed by law.
There are some signs of entrepreneurial activity.
- 1. Systematicity, that is, the implementation of entrepreneurial activities for a certain period. However, the legislator does not define clear criteria for systematicity. Therefore, to qualify an activity as an entrepreneurial one, criteria such as:
- - the share of profit from entrepreneurial activity in the total income of a person;
- - profit margins;
- - receiving it a certain number of times for any reporting period, etc.
- 2. Independence, which includes two components:
- a) organizational independence - the ability to independently make decisions in the process of entrepreneurial activity (volitional character);
- b) property independence - the entrepreneur has a separate property for the implementation of entrepreneurial activities. Risky nature of entrepreneurial activity. Risk (from Latin risco - “sheer cliff”) - the probability of not receiving the planned or expected positive result.
- 3. Independent property liability of the entrepreneur. The limits of such liability depend on the organizational and legal form of entrepreneurial activity.
- 4. Legalized character. The presence of a special entity (entrepreneur) i.e. a person registered in this capacity in the manner prescribed by law. Entrepreneurial activity can be carried out only by persons registered in the manner prescribed by law. Carrying out entrepreneurial activities without state registration is an offense (Article 14.1 of the Code of Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation); Article 171 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation)).
- 5. Focus on systematic profit. Profit is understood as income minus expenses. In this case, it is the purpose of the person’s activity that is important, and not the fact of making a profit. Activities aimed at making a profit, but causing losses, are also entrepreneurial.
- 6. Extraction of income from certain activities: sales of goods, provision of services, performance of work, receipt of income from the use of property (for example, renting out premises) and intellectual property of the entrepreneur.
- 7. Professionalism - a sign that suggests that the entrepreneur has certain knowledge and skills. At present, such a requirement is fixed in relation to far from all types of entrepreneurial activity (basically, the presence of a certain education is required for the implementation of licensed activities). However, it is indicated as mandatory in the legislation of Germany, France, etc.
Types of entrepreneurial activity are classified:
- - according to the form of ownership on the basis of which entrepreneurial activity is carried out: private, state, municipal;
- - by the number of participants: individual, collective;
- - by the nature of the activity: the production of goods, the provision of services, the performance of work, etc. (Industrial entrepreneurship, commercial, the essence of which is trade and exchange operations, financial entrepreneurship, intermediary, insurance).
Business law, like any other branch of Russian law, is based on certain principles that characterize and determine the legal regulation in the field of business law.
The principles of Russian business law are the fundamental principles on which business law is built. There are a number of principles of business law.
- 1. The principle of freedom of entrepreneurial activity is enshrined in Art. Art. 8, 34 of the Constitution of the Russian Federation, which establishes: "everyone has the right to free use of his abilities and property for entrepreneurial and other economic activities not prohibited by law." Consequently, each citizen decides independently whether to engage in entrepreneurial activity or not, what organizational and legal form and type of entrepreneurial activity to choose, etc. This principle is developed in the Civil Code of the Russian Federation and other regulatory legal acts.
- 2. The principle of recognition of the diversity of forms of ownership, the legal equality of forms of ownership and their equal protection is based on the provisions of paragraph 2 of Art. 8 of the Constitution of the Russian Federation: “In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way.” The legislation cannot establish any privileges or restrictions for entities engaged in entrepreneurial activities using property that is in state, municipal or private ownership.
- 3. The principle of a single economic space, which is expressed in the fact that, according to paragraph 1 of Art. 8 of the Constitution of the Russian Federation "free movement of goods, services and financial resources is guaranteed in the Russian Federation." Restrictions may be introduced in accordance with federal law, if necessary to ensure safety, protect human life and health, protect nature and cultural values.
- 4. The principle of maintaining competition and preventing economic activity aimed at monopolization and unfair competition. In accordance with paragraph 1 of Art. 8 of the Constitution of the Russian Federation in the Russian Federation guarantees the support of competition, freedom of economic activity. Article 34 of the Constitution of the Russian Federation also establishes a ban on the implementation of economic activities aimed at monopolization and unfair competition. This principle has been developed in the legislation on competition, on natural monopolies.
- 5. The principle of balancing the private interests of entrepreneurs and the public interests of the state and society as a whole. In an effort to maximize profits, entrepreneurs in some cases may not take into account the interests of the state and society as a whole. Various measures of state regulation of entrepreneurship allow reconciling the interests of entrepreneurs and society. They can be direct (directive) and indirect (economic). Direct state regulation is expressed in the establishment of requirements for entrepreneurial activity; establishment of prohibitions; the application of measures of responsibility, and indirectly - in the provision of benefits in taxation, lending.
- 6. The principle of legality. On the one hand, entrepreneurial activity itself must be carried out in strict compliance with the law. On the other hand, the state must ensure the legality in the activities of state authorities and local self-government in relation to business entities. Legality ensures the stability of the economy and its financial system.
- 7. The principle of systematic profit as the goal of entrepreneurial activity. The introduction of this principle is a necessary attribute of a market economy. The main goal of doing business
As experience shows, the practice of the economically developed countries of the world, the economic well-being of any country depends on the forms of government and the stability of their legislative system. If the leadership of the state works fully and efficiently and ensures the normal functioning of the laws, then the country will prosper regardless of its geographical location and cultural orientation. In all countries, the state supports entrepreneurship. For the development of the country ultimately depends on its development.
In Russia, entrepreneurial activity is regulated by laws adopted by the State Duma, approved by the Federal Assembly and signed by the President of the country. In addition, the decrees and orders of the President (Putin V.V.) and the decrees and orders of the Government of the Russian Federation (Fradkov) are of great importance, directly for the sector of the economy Agriculture orders and instructions of the Ministry of Agriculture of the Russian Federation (Minister Gordeev) are important.
The Basic Law of our country is the Constitution of the Russian Federation. It reflects all the main legal provisions and any other normative act should not contradict the Constitution.
According to the Constitution, every capable person has the right to engage in entrepreneurial and other economic activities not prohibited by law (Article 34 of the Constitution of the Russian Federation). In combination with the right of private property, such freedom of enterprise acts as legal framework market economy, excluding the monopoly of the state on the organization of economic life. This freedom is considered as one of the foundations of the constitutional order of Russia (Article 8 of the Constitution).
Therefore, the state is the guarantor of this right. State bodies, are obliged: 1) not to refuse to register an enterprise, referring to the inexpediency, 2) to protect the property of a private entrepreneur on an equal basis with state property, 3) must fight against racketeering and extortion, 4) any damage caused to an enterprise through the fault of officials of state bodies is subject to reimbursement. 5) no state body has the right to dictate to the entrepreneur what products he is obliged to produce and what prices should be for it (if the limits are not regulated by law), 6) the entrepreneur himself hires and fires workers in compliance with labor laws, he manages his profits, 7 ) freedom of enterprise also includes the right to exercise external economic activity, create unions and associations with other entrepreneurs, open bank accounts.
At the same time, the state has the right to restrict certain rights of the entrepreneur: 1/. The state prohibits certain types of economic activity (the production of weapons, the manufacture of orders, etc.) or conditions such activities with special permits (licenses). 2/. The state regulates exports and imports, which imposes certain restrictions on many enterprises. Finally, 3/. State bodies have the right to demand from the entrepreneur financial reporting without affecting trade secrets. These and a number of other restrictions are necessary in the interests of the entire national economy, but must be based on the legislative framework.
Specific issues related to the exercise of the right to entrepreneurial activity are regulated by many laws and, above all, by the Civil Code of the Russian Federation, the first part of which entered into force on January 1, 1995, and the second - on March 1, 1996.
The Civil Code, this kind of basic law of a market economy, introduces economic activity into the general framework of relations of any individuals and legal entities with other persons, enshrines the freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs. According to the Civil Code of the Russian Federation, the main and main condition for starting a business, as we noted earlier, is its state registration. The subject of the right to entrepreneurial activity (it does not necessarily mean the creation of an enterprise) is any person who does not limited by law in its legal capacity. The legal capacity of a citizen arises at the moment of his birth and ceases with his death. According to Art. 18 of the Civil Code of the Russian Federation, the content of legal capacity includes the right to engage in entrepreneurial and any other activities not prohibited by law, create legal entities independently or jointly with other citizens and legal entities, make any transactions that do not contradict the law and participate in obligations, etc. Naturally, juvenile citizens can to exercise their rights only through legal representatives (parents, guardians). from 18 years old.
Other federal laws on the regulation of entrepreneurial activity include the Law of the Russian Federation "On state regulation foreign trade activities" (1995). In particular, in accordance with this Law, all Russian persons have the right to carry out foreign trade activities, "with the exception of cases provided for by the legislation of the Russian Federation." Foreign persons carry out similar activities in compliance with the legislation of Russia. The law establishes the procedure for importing and export of goods, restrictions on exports and imports, issuance of licenses, etc.
Antimonopoly regulation of entrepreneurial activity is carried out in accordance with the Law “On Competition and Restriction of Monopoly Activities in Commodity Markets” (1991). It is expressed in the fact that the state limits monopolization and unfair competition. Under unfair competition refers to the conduct of competition by dishonest and illegal methods.
Abuses associated with a dominant position in the market and violation of the ethical rules of competition are detrimental to citizens and society as a whole. Lack of competition delays economic and technological progress, suppresses the activity of small and medium-sized businesses, reduces the quality of goods, maintains high prices, and infringes on the right of many people to free economic activity. Unfair competition affects the interests of citizens and the economy, which manifests itself in the conclusion of agreements on prices (to maintain high prices), the division of markets, the elimination of other entrepreneurs from the market. The interests of consumers are infringed when they are misled as to the manufacturer, destination, method and place of manufacture, quality and other properties of the goods of another entrepreneur, by incorrect comparison of goods in advertising and other information, copying of the external design or use trademark someone else's goods and in other ways.
It is also prohibited for an entrepreneur to disseminate false, inaccurate or distorted information that could cause losses to another entrepreneur, to withdraw goods from circulation in order to create or maintain a shortage in the market or to increase prices, to impose on a counterparty the terms of an agreement that are unfavorable for him or not related to the subject of the agreement, and a number of other actions.
The law establishes that recognition of a position as dominant (i.e. monopoly) is possible if the share of goods on the market exceeds 35% and it is possible to restrict competition. Restriction of competition is prohibited not only for individual entrepreneurs, but also for executive authorities. A means of combating monopolization and unfair competition can be an appeal to antitrust authorities who have the right to give orders to stop unlawful actions, and in case of failure to comply with the orders, to impose a fine. In case of causing losses from such actions, you can apply to the court (both general jurisdiction and arbitration).
To implement the provisions of this Law, the State Antimonopoly Committee of the Russian Federation, which has territorial departments, was created. The activity of these bodies is of a quasi-judicial nature, since they decide on measures of influence in procedural forms, i.e. with the provision of certain guarantees to the parties, observance of their rights and legitimate interests. However, any decisions of these bodies can be appealed to the court.
Antitrust Law does not affect the scope of the so-called natural monopolies, i.e. monopolies that produce goods for which the satisfaction of demand in the market of this product is more effective in the absence of competition due to the technological features of production and which have a stable demand due to the impossibility of completely replacing them with other goods. These are transportation of oil and gas through pipelines, railway transportation, services of transport terminals and ports, services of electric and postal communication. The federal law of August 17, 1995 provides for the regulation of the activities of these natural monopolies through special federal executive bodies.
The state also provides support to the so-called small business (with up to 100 people employed at the enterprise), as adopted by the Federal Law of June 14, 1995. The law provides for the creation of preferential conditions in the financial field and taxation, support foreign economic activity small enterprises, etc. The state is called upon to implement special programs and create funds to support small businesses.
