Legal regulation of economic relations 2

LEGAL REGULATION OF ECONOMIC RELATIONS

1. 1. Economic relations as a subject of legal regulation

At its core, law is a regulator of social relations. Its purpose is to streamline the life of society, ensure its normal functioning and development. However, not all social relations, not all spheres of social life are equally subject to legal regulation. It should be remembered that before law and together with it, customs and traditions, morality, and religion existed and exist, which also act as the most important regulators of social relations. And only together can they ensure the normal development of society. Moreover, in different spheres of society, the role of each of these social regulators is not the same.

There are areas of social life in the regulation of which law does not play a dominant role. And there are also relationships that are not subject to legal regulation at all (these are, first of all, deeply personal, intimate relationships: love, friendship, etc.).

As for economics, it belongs to those areas in which the role of law is traditionally significant. Economic relations have always - of course, from the moment law appeared - have been the subject of legal regulation. Naturally, this regulation had its own specifics in different historical eras and under different economic systems. The legal regulation of economic relations in a market economy also has its own characteristics.

At first glance, it may seem that a market economy does not need legal regulation at all - after all, one of the cornerstones

Firstly, legal regulation of a market economy is necessary in order to protect the interests of society and the state. The experience of almost all countries with a market economy shows that “absolute economic freedom” is always associated with abuses - the appearance on the market of low-quality goods, works and services, sometimes posing a danger to the life and health of consumers, the emergence of fraudulent business structures that “irretrievably” attract citizens’ savings and many other “costs”.

One of the most dangerous consequences of such “freedom” is the disappearance of free competition and the dominance of monopolies. Competition is one of the most important mechanisms ensuring the efficiency of a market economy. Monopolies allow individual producers to receive excess profits without worrying about production efficiency, product quality, etc. For monopolists, this state of affairs is beneficial. For consumers, for society as a whole, for the state, it poses a danger that is difficult to overestimate. Therefore, in all civilized countries, the most important element of the mechanism for regulating a market economy is antimonopoly legislation.

On the other hand, legal regulation of economic relations in a market economy is necessary to ensure the rights and interests of entrepreneurs themselves. After all, genuine, and not imaginary, freedom of economic activity does not exclude, but presupposes its certain regulation.

Entering into various relationships among themselves, with consumers, and with the state, entrepreneurs are interested in ensuring that these relationships are orderly, predictable, and built in accordance with certain rules. Without using the potential of law, this is impossible to achieve. Thus, there is every reason to assert that the legal regulation of economic relations is a necessary condition for the normal functioning of a market economy.

1. 2. Concept and characteristics of entrepreneurial activity

In a market economy, the bulk of economic relations are formed in the process of carrying out entrepreneurial activities. Let's consider what she

their own risk activities aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law.

From this definition, the following characteristics of entrepreneurial activity can be identified:

1) independence;

Let's look at these signs in more detail. Independence as a sign of entrepreneurial activity includes organizational independence and property independence of the entrepreneur.

Organizational independence is manifested in the fact that the entrepreneur himself - without any instructions “from above” - decides what and how to produce, from whom to purchase the necessary raw materials and supplies, to whom and at what prices to sell the manufactured products, etc.

Property independence presupposes that the entrepreneur has separate, i.e., property that belongs to him, which he uses in carrying out business activities. Such property is not always the property of the entrepreneur. There are business entities that own property on the right of economic management or

the right of operational management (this will be discussed in more detail in the next chapter of the textbook). An entrepreneur can own some part of the property, for example, on a lease basis. But in any case, the entrepreneur has the opportunity to independently use such property. The property independence of an entrepreneur is the basis of his organizational independence.

The risky nature of entrepreneurial activity lies in the fact that it does not always produce the expected results. Due to a variety of reasons, both subjective (mistakes, miscalculations of the entrepreneur) and objective (changes in market conditions, default, natural disaster) an entrepreneur may not only fail to receive the planned profit, but also go bankrupt and fail. It was the risky nature of entrepreneurial activity that led to the emergence of the institution of insolvency (bankruptcy) in civil law.

activity is, first of all, an activity whose purpose is to make a profit. Other signs of entrepreneurial activity are, in a certain sense, secondary, derived from this sign. It should be borne in mind that from the point of view of the law, in order to qualify an activity as entrepreneurial, it is not necessary that a profit was actually received as a result of its implementation. The only thing that matters is the goal and direction.

On the other hand, to be considered entrepreneurial, the activity must be aimed not just at obtaining, but at systematically obtaining profit, i.e., be carried out more or less regularly. Therefore, transactions aimed at one-time profit cannot be considered as entrepreneurial activity. As for such a sign of entrepreneurial activity as registration of persons carrying out this activity (state registration), it is not always included among the main ones. Some authors consider it as formal, pointing out that if the other three signs listed above are present, the activity will be considered entrepreneurial, even if it is carried out without registration.

This view of state registration as a sign of entrepreneurial activity is not entirely correct. Indeed, from the point of view of the economic content of entrepreneurial activity, the presence or absence of state registration is not significant. But from a legal point of view, this feature is very significant. In its absence, illegal entrepreneurship will take place - an offense for which administrative and, under certain conditions, criminal liability is provided.

And one more important note. Entrepreneurial activity, being dominant in a market economy, does not exhaust the entire economic life of society. As we will see later, among economic entities there are those for which entrepreneurial activity is of secondary importance (for example, foundations, religious organizations), and those that do not carry out entrepreneurial activities at all, while being participants in economic legal relations (many housing construction , garage cooperatives, etc.).

This means that the concepts of “entrepreneurial activity” and “economic activity” are not identical even in market conditions. The second concept is broader and includes the first as part. Therefore, in a number of cases - if the subject of conversation is not specifically limited to entrepreneurial activity - the correct

It is impossible to talk about subjects of economic and not entrepreneurial activity, about economic and not entrepreneurial legal relations, about economic and not entrepreneurial law.

1. 3. Economic law and its sources

Economic law is a set of legal norms governing relations that arise in the process of carrying out economic activities.

the so-called complex branch of law, which includes the norms of several branches: constitutional, civil, financial, administrative and some others.

This point is important to take into account, in particular, when characterizing the sources of economic law.

custom, legal precedent, legal act, regulatory agreement. Currently, in our country, as in most other countries of the world, the main source of law is regulations - official documents adopted by competent authorities in the prescribed manner and containing rules of law.

Regulatory legal acts are divided into two large groups (two types):

1) laws that have the highest legal force;

2) secondary legal acts adopted on the basis and in pursuance of laws.

As for laws, at the top of the pyramid of these legal acts is the Constitution - the Basic Law of the country. Then follow federal constitutional laws, ordinary federal laws and laws of federal subjects.

Each of the lower laws in this pyramid cannot contradict the higher ones.

As for by-laws, the decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation have the greatest legal force.

This is followed by departmental regulatory legal acts (orders, instructions, etc., documents of various ministries and departments), local (regulatory legal acts of local government bodies and local self-government) and local (intra-organizational) regulatory legal acts (i.e. e. acts issued and valid within individual enterprises, institutions, organizations).

Among the sources of economic law, we find normative legal acts belonging to all groups and subgroups of the system of normative legal acts and located at all levels of their hierarchy. Let us characterize the most important of them.

The most important, fundamental norms of economic law in Russia are enshrined in the Constitution of the Russian Federation. They can be considered as principles of economic law, i.e., fundamental principles from which all other norms of economic law proceed. These include:

Free movement of goods, services and financial resources;

Support for competition;

Diversity of forms of ownership;

Freedom of economic activity, including the right of everyone to do business.

It contains legal norms regulating such important relationships for participants in economic activities as property relations, obligations, including contractual ones (purchase and sale, supply, contract, capital construction, etc.) and others.

Among the codified acts, in addition to the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, and the Criminal Code of the Russian Federation can be considered as sources of economic law. They also contain legal norms directly related to business entities, establishing penalties for offenses in this area.

The most important sources of economic law include a number of federal laws regulating certain aspects of economic activity: “On joint stock companies”, “On banks and banking activities”, “On accounting”, “On insolvency (bankruptcy)” and many others.

Decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation play an important role in regulating economic relations in our country. In their meaning they are sometimes comparable to laws. However, it should be remembered that, despite their importance, these are still by-laws, and they should not contradict the Constitution of the Russian Federation and federal laws. Their main purpose is to ensure the implementation of the provisions of the Constitution and laws.

Regulatory legal acts of ministries and departments determine the forms and mechanisms for implementing laws, presidential decrees and decrees of the Government of the Russian Federation. For example, the instructions of the tax department contain instructions on the application of tax legislation.

Norms of economic law may also be contained in some regulatory legal acts of local governments. As a rule, they relate to the property of municipalities and determine the procedure for its use.

Some local (intra-organizational) regulations may also contain rules of economic law. Any business entity can, in its local regulations, establish norms of economic activity that are mandatory for all employees of this entity (of course, if these norms do not contradict laws and higher regulations).

Finally, speaking about the sources of economic law, it is necessary to keep in mind that, in accordance with Art. 15 of the Constitution of the Russian Federation, the generally recognized principles and norms of international law and international treaties of the Russian Federation are part of the Russian legal system. Therefore, the sources of economic law in Russia should also include international treaties of the Russian Federation in the economic sphere. In practice, most business entities rarely turn to such sources of economic law. However, every entrepreneur should remember that in the event of a discrepancy between the rules of law and the rules of an international treaty in Russia, priority is given to the rules of the international treaty.

LEGAL REGULATION OF ECONOMIC RELATIONS

1.1. Economic relations as a subject of legal regulation

At its core, law is a regulator of social relations. Its purpose is to streamline the life of society, ensure its normal functioning and development. However, not all social relations, not all spheres of social life are equally subject to legal regulation. It should be remembered that before law and together with it, customs and traditions, morality, and religion existed and exist, which also act as the most important regulators of social relations. And only together can they ensure the normal development of society. Moreover, in different spheres of society, the role of each of these social regulators is not the same.

There are areas of social life in the regulation of which law does not play a dominant role. And there are also relationships that are not subject to legal regulation at all (these are, first of all, deeply personal, intimate relationships: love, friendship, etc.).

As for economics, it belongs to those areas in which the role of law is traditionally significant. Economic relations have always - of course, from the moment law appeared - have been the subject of legal regulation. Naturally, this regulation had its own specifics in different historical eras and under different economic systems. The legal regulation of economic relations in a market economy also has its own characteristics.

At first glance, it may seem that a market economy does not need legal regulation at all - after all, one of the cornerstones

This economic system is freedom of economic activity. However, it would be a big mistake to think so. Life itself and practice show the inconsistency of such a view of the market economy.

Firstly, legal regulation of a market economy is necessary in order to protect the interests of society and the state. The experience of almost all countries with a market economy shows that “absolute economic freedom” is always associated with abuses - the appearance on the market of low-quality goods, works and services, sometimes posing a danger to the life and health of consumers, the emergence of fraudulent business structures that “irretrievably” attract citizens’ savings and many other “costs”.

One of the most dangerous consequences of such “freedom” is the disappearance of free competition and the dominance of monopolies. Competition is one of the most important mechanisms ensuring the efficiency of a market economy. Monopolies allow individual producers to receive excess profits without worrying about production efficiency, product quality, etc. For monopolists, this state of affairs is beneficial. For consumers, for society as a whole, for the state, it poses a danger that is difficult to overestimate. Therefore, in all civilized countries, the most important element of the mechanism for regulating a market economy is antimonopoly legislation.

On the other hand, legal regulation of economic relations in a market economy is necessary to ensure the rights and interests of entrepreneurs themselves. After all, genuine, and not imaginary, freedom of economic activity does not exclude, but presupposes its certain regulation.

Entering into various relationships among themselves, with consumers, and with the state, entrepreneurs are interested in ensuring that these relationships are orderly, predictable, and built in accordance with certain rules. Without using the potential of law, this is impossible to achieve. Thus, there is every reason to assert that the legal regulation of economic relations is a necessary condition for the normal functioning of a market economy.

1.2. Concept and signs of entrepreneurial activity

In a market economy, the bulk of economic relations are formed in the process of carrying out entrepreneurial activities. Let's consider what she

represents.

The definition of entrepreneurial activity from the point of view of the law is given in Art. 2 of the Civil Code of the Russian Federation. In accordance with this article, entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law.

From this definition, the following characteristics of entrepreneurial activity can be identified:

1) independence;

3) risky nature;

4) registration in accordance with the procedure established by law of persons carrying out this activity.

Let us dwell on these signs in more detail. Independence as a sign of entrepreneurial activity includes organizational independence and property independence of the entrepreneur.

Organizational independence is manifested in the fact that the entrepreneur himself - without any instructions “from above” - decides what and how to produce, from whom to purchase the necessary raw materials and supplies, to whom and at what prices to sell the manufactured products, etc.

Property independence presupposes that the entrepreneur has a separate, i.e. it is the property that belongs to him, which he uses in carrying out business activities. Such property is not always the property of the entrepreneur. There are business entities that own property on the right of economic management or

the right of operational management (this will be discussed in more detail in the next chapter of the textbook). An entrepreneur can own some part of the property, for example, on a lease basis. But in any case, the entrepreneur has the opportunity to independently use such property. The property independence of an entrepreneur is the basis of his organizational independence.

The risky nature of entrepreneurial activity lies in the fact that it does not always produce the expected results. Due to a variety of reasons, both subjective (mistakes, miscalculations of the entrepreneur) and objective (changes in market conditions, default, natural disaster) an entrepreneur may not only fail to receive the planned profit, but also go bankrupt and fail. It was the risky nature of entrepreneurial activity that led to the emergence of the institution of insolvency (bankruptcy) in civil law.

The focus on systematically making a profit is perhaps the most significant feature of entrepreneurial activity. Both from the point of view of ordinary consciousness and from the point of view of science, entrepreneurial activity is, first of all, an activity whose goal is to make a profit. Other signs of entrepreneurial activity are, in a certain sense, secondary, derived from this sign. It should be borne in mind that from the point of view of the law, in order to qualify an activity as entrepreneurial, it is not necessary that a profit was actually received as a result of its implementation. The only thing that matters is the goal and direction.

to receive it. Whether there will actually be a profit or not is important for resolving other issues, in particular taxation issues.

On the other hand, to be considered entrepreneurial, the activity must be aimed not just at obtaining, but at systematically obtaining profit, i.e., be carried out more or less regularly. Therefore, transactions aimed at one-time profit cannot be considered as entrepreneurial activity. As for such a sign of entrepreneurial activity as registration of persons carrying out this activity (state registration), it is not always included among the main ones. Some authors consider it as formal, pointing out that if the other three signs listed above are present, the activity will be considered entrepreneurial, even if it is carried out without registration.

This view of state registration as a sign of entrepreneurial activity is not entirely correct. Indeed, from the point of view of the economic content of entrepreneurial activity, the presence or absence of state registration is not significant. But from a legal point of view, this feature is very significant. In its absence, illegal entrepreneurship will take place - an offense for which administrative and, under certain conditions, criminal liability is provided.

And one more important note. Entrepreneurial activity, being dominant in a market economy, does not exhaust the entire economic life of society. As we will see later, among economic entities there are those for which entrepreneurial activity is of secondary importance (for example, foundations, religious organizations), and those that do not carry out entrepreneurial activities at all, while being participants in economic legal relations (many housing construction , garage cooperatives, etc.).

This means that the concepts of “entrepreneurial activity” and “economic activity” are not identical even in market conditions. The second concept is broader and includes the first as part. Therefore, in a number of cases - if the subject of conversation is not specifically limited to entrepreneurial activity - the correct

It is impossible to talk about subjects of economic and not entrepreneurial activity, about economic and not entrepreneurial legal relations, about economic and not entrepreneurial law.

1.3. Economic law and its sources

Economic law is a set of legal norms governing relations that arise in the process of carrying out economic activities.

It is important to keep in mind that business law is not a separate, independent branch of law along with, for example, civil, labor and other branches that are known to you from the fundamentals of law course, but a so-called complex branch of law, which includes the norms of several branches: constitutional, civil, financial, administrative and some others.

This point is important to take into account, in particular, when characterizing the sources of economic law.

As is known, sources of law are understood as ways of expressing, consolidating and existing legal norms. At different times and in different countries, legal custom, legal precedent, a normative legal act, and a normative agreement acted and continue to act as sources of law. Currently, in our country, as in most other countries of the world, the main source of law is regulations - official documents adopted by competent authorities in the prescribed manner and containing rules of law.

Regulatory legal acts are divided into two large groups (two types):

1) laws that have the highest legal force;

2) secondary legal acts adopted on the basis and in pursuance of laws.

In turn, each of these groups has its own hierarchy of legal acts.

As for laws, at the top of the pyramid of these legal acts is the Constitution - the Basic Law of the country. Then follow federal constitutional laws, ordinary federal laws and laws of federal subjects.

Each of the lower laws in this pyramid cannot contradict the higher ones.

Among ordinary laws, codified acts deserve special attention - industry codes, which are the main sources of law for the relevant industries.

As for by-laws, the decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation have the greatest legal force.

This is followed by departmental regulatory legal acts (orders, instructions, etc., documents of various ministries and departments), local (regulatory legal acts of local government bodies and local self-government) and local (intra-organizational) regulatory legal acts (i.e. e. acts issued and valid within individual enterprises, institutions, organizations).

Among the sources of economic law, we find normative legal acts belonging to all groups and subgroups of the system of normative legal acts and located at all levels of their hierarchy. Let us characterize the most important of them.

The most important, fundamental norms of economic law in Russia are enshrined in the Constitution of the Russian Federation. They can be considered as principles of economic law, i.e., fundamental principles from which all other norms of economic law proceed. These include:

Unity of economic space;

Free movement of goods, services and financial resources;

Support for competition;

Diversity of forms of ownership;

Freedom of economic activity, including the right of everyone to do business.

The next most important source of economic law in our country after the Constitution of the Russian Federation is the Civil Code of the Russian Federation.

It contains legal norms regulating such important relationships for participants in economic activities as property relations, obligations, including contractual ones (purchase and sale, supply, contract, capital construction, etc.) and others.

Among the codified acts, in addition to the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, and the Criminal Code of the Russian Federation can be considered as sources of economic law. They also contain legal norms directly related to business entities, establishing penalties for offenses in this area.

The most important sources of economic law include a number of federal laws regulating certain aspects of economic activity: “On joint stock companies”, “On banks and banking activities”, “On accounting”, “On insolvency (bankruptcy)” and many others.

Decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation play an important role in regulating economic relations in our country. In their meaning they are sometimes comparable to laws. However, it should be remembered that, despite their importance, these are still by-laws, and they should not contradict the Constitution of the Russian Federation and federal laws. Their main purpose is to ensure the implementation of the provisions of the Constitution and laws.

Regulatory legal acts of ministries and departments determine the forms and mechanisms for implementing laws, presidential decrees and decrees of the Government of the Russian Federation. For example, the instructions of the tax department contain instructions on the application of tax legislation.

Norms of economic law may also be contained in some regulatory legal acts of local governments. As a rule, they relate to the property of municipalities and determine the procedure for its use.

Some local (intra-organizational) regulations may also contain rules of economic law. Any business entity can, in its local regulations, establish norms of economic activity that are mandatory for all employees of this entity (of course, if these norms do not contradict laws and higher regulations).

Finally, speaking about the sources of economic law, it is necessary to keep in mind that, in accordance with Art. 15 of the Constitution of the Russian Federation, the generally recognized principles and norms of international law and international treaties of the Russian Federation are part of the Russian legal system. Therefore, the sources of economic law in Russia should also include international treaties of the Russian Federation in the economic sphere. In practice, most business entities rarely turn to such sources of economic law. However, every entrepreneur should remember that in the event of a discrepancy between the rules of law and the rules of an international treaty in Russia, priority is given to the rules of the international treaty.

LEGAL REGULATION OF ECONOMIC RELATIONS

1.1. Economic relations as a subject of legal regulation

At its core, law is a regulator of social relations. Its purpose is to streamline the life of society, ensure its normal functioning and development. However, not all social relations, not all spheres of social life are equally subject to legal regulation. It should be remembered that before law and together with it, customs and traditions, morality, and religion existed and exist, which also act as the most important regulators of social relations. And only together can they ensure the normal development of society. Moreover, in different spheres of society, the role of each of these social regulators is not the same.

There are areas of social life in the regulation of which law does not play a dominant role. And there are also relationships that are not subject to legal regulation at all (these are, first of all, deeply personal, intimate relationships: love, friendship, etc.).

As for economics, it belongs to those areas in which the role of law is traditionally significant. Economic relations have always - of course, from the moment law appeared - have been the subject of legal regulation. Naturally, this regulation had its own specifics in different historical eras and under different economic systems. The legal regulation of economic relations in a market economy also has its own characteristics.

At first glance, it may seem that a market economy does not need legal regulation at all - after all, one of the cornerstones

This economic system is freedom of economic activity. However, it would be a big mistake to think so. Life itself and practice show the inconsistency of such a view of the market economy.

Firstly, legal regulation of a market economy is necessary in order to protect the interests of society and the state. The experience of almost all countries with a market economy shows that “absolute economic freedom” is always associated with abuses - the appearance on the market of low-quality goods, works and services, sometimes posing a danger to the life and health of consumers, the emergence of fraudulent business structures that “irretrievably” attract citizens’ savings and many other “costs”.

One of the most dangerous consequences of such “freedom” is the disappearance of free competition and the dominance of monopolies. Competition is one of the most important mechanisms ensuring the efficiency of a market economy. Monopolies allow individual producers to receive excess profits without worrying about production efficiency, product quality, etc. For monopolists, this state of affairs is beneficial. For consumers, for society as a whole, for the state, it poses a danger that is difficult to overestimate. Therefore, in all civilized countries, the most important element of the mechanism for regulating a market economy is antimonopoly legislation.

On the other hand, legal regulation of economic relations in a market economy is necessary to ensure the rights and interests of entrepreneurs themselves. After all, genuine, and not imaginary, freedom of economic activity does not exclude, but presupposes its certain regulation.

Entering into various relationships among themselves, with consumers, and with the state, entrepreneurs are interested in ensuring that these relationships are orderly, predictable, and built in accordance with certain rules. Without using the potential of law, this is impossible to achieve. Thus, there is every reason to assert that the legal regulation of economic relations is a necessary condition for the normal functioning of a market economy.

1.2. Concept and signs of entrepreneurial activity

In a market economy, the bulk of economic relations are formed in the process of carrying out entrepreneurial activities. Let's consider what she

represents.

The definition of entrepreneurial activity from the point of view of the law is given in Art. 2 of the Civil Code of the Russian Federation. In accordance with this article, entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law.

From this definition, the following characteristics of entrepreneurial activity can be identified:

1) independence;

3) risky nature;

4) registration in accordance with the procedure established by law of persons carrying out this activity.

Let us dwell on these signs in more detail. Independence as a sign of entrepreneurial activity includes organizational independence and property independence of the entrepreneur.

Organizational independence is manifested in the fact that the entrepreneur himself - without any instructions “from above” - decides what and how to produce, from whom to purchase the necessary raw materials and supplies, to whom and at what prices to sell the manufactured products, etc.

Property independence presupposes that the entrepreneur has a separate, i.e. it is the property that belongs to him, which he uses in carrying out business activities. Such property is not always the property of the entrepreneur. There are business entities that own property on the right of economic management or

the right of operational management (this will be discussed in more detail in the next chapter of the textbook). An entrepreneur can own some part of the property, for example, on a lease basis. But in any case, the entrepreneur has the opportunity to independently use such property. The property independence of an entrepreneur is the basis of his organizational independence.

The risky nature of entrepreneurial activity lies in the fact that it does not always produce the expected results. Due to a variety of reasons, both subjective (mistakes, miscalculations of the entrepreneur) and objective (changes in market conditions, default, natural disaster) an entrepreneur may not only fail to receive the planned profit, but also go bankrupt and fail. It was the risky nature of entrepreneurial activity that led to the emergence of the institution of insolvency (bankruptcy) in civil law.

The focus on systematically making a profit is perhaps the most significant feature of entrepreneurial activity. Both from the point of view of ordinary consciousness and from the point of view of science, entrepreneurial activity is, first of all, an activity whose goal is to make a profit. Other signs of entrepreneurial activity are, in a certain sense, secondary, derived from this sign. It should be borne in mind that from the point of view of the law, in order to qualify an activity as entrepreneurial, it is not necessary that a profit was actually received as a result of its implementation. The only thing that matters is the goal and direction.

to receive it. Whether there will actually be a profit or not is important for resolving other issues, in particular taxation issues.

On the other hand, to be considered entrepreneurial, the activity must be aimed not just at obtaining, but at systematically obtaining profit, i.e., be carried out more or less regularly. Therefore, transactions aimed at one-time profit cannot be considered as entrepreneurial activity. As for such a sign of entrepreneurial activity as registration of persons carrying out this activity (state registration), it is not always included among the main ones. Some authors consider it as formal, pointing out that if the other three signs listed above are present, the activity will be considered entrepreneurial, even if it is carried out without registration.

This view of state registration as a sign of entrepreneurial activity is not entirely correct. Indeed, from the point of view of the economic content of entrepreneurial activity, the presence or absence of state registration is not significant. But from a legal point of view, this feature is very significant. In its absence, illegal entrepreneurship will take place - an offense for which administrative and, under certain conditions, criminal liability is provided.

And one more important note. Entrepreneurial activity, being dominant in a market economy, does not exhaust the entire economic life of society. As we will see later, among economic entities there are those for which entrepreneurial activity is of secondary importance (for example, foundations, religious organizations), and those that do not carry out entrepreneurial activities at all, while being participants in economic legal relations (many housing construction , garage cooperatives, etc.).

This means that the concepts of “entrepreneurial activity” and “economic activity” are not identical even in market conditions. The second concept is broader and includes the first as part. Therefore, in a number of cases - if the subject of conversation is not specifically limited to entrepreneurial activity - the correct

It is impossible to talk about subjects of economic and not entrepreneurial activity, about economic and not entrepreneurial legal relations, about economic and not entrepreneurial law.

Description of the presentation by individual slides:

1 slide

Slide description:

Topic: “Legal regulation of economic relations in Russia” Kostyrev A.P., teacher at GBPOU NGK.

2 slide

Slide description:

Economic relations as a subject of legal regulation Concepts and signs of entrepreneurial activity Economic law and its sources In this presentation we will consider the following topics

3 slide

Slide description:

Economic relations as a subject of legal regulation Law is a regulator of social relations. Its purpose is to streamline the life of society, ensure its normal functioning and development. The set of production (economic) relations that develop in society (in a country, in a region, in a separate organization) is called an economy. In a market economy, the bulk of economic relations are formed in the process of carrying out entrepreneurial activities.

4 slide

Slide description:

Concepts and signs of entrepreneurial activity In accordance with the article of the Civil Code of the Russian Federation, entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law .

5 slide

Slide description:

From this definition, the following characteristics of entrepreneurial activity can be identified: Independence; Focus on systematically generating profit; Risky nature; Registration in accordance with the procedure established by law of persons carrying out this activity.

6 slide

Slide description:

Independence as a sign of entrepreneurial activity includes organizational independence and property independence of the entrepreneur. Organizational independence is manifested in the fact that the entrepreneur himself decides what and how to produce, from whom to purchase the necessary raw materials and materials, to whom and at what prices to sell the manufactured products, etc. Property independence presupposes that the entrepreneur has a separate, i.e. it is the property that belongs to him, which he uses in carrying out business activities.

Slide 7

Slide description:

The focus on systematically making a profit is the most essential feature of entrepreneurial activity. Both from the point of view of ordinary consciousness and from the point of view of science, entrepreneurial activity is, first of all, an activity whose purpose is to make a profit.

8 slide

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The risky nature of entrepreneurial activity lies in the fact that it does not always produce the expected results. It was the risky nature of entrepreneurial activity that led to the emergence of the institution of insolvency (bankruptcy) in civil law.

Slide 9

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Registration in accordance with the procedure established by law of persons carrying out entrepreneurial activities. Some authors consider this sign as formal, pointing out that if the other three signs listed above are present, the activity will be considered entrepreneurial, even if it is carried out without registration

10 slide

Slide description:

Some types of activities, the list of which is determined by law, business entities can engage in only on the basis of a license. A license is a permit to carry out certain types of activities, including entrepreneurial ones, issued by a specially authorized government body (licensing body). Licensing is a management activity and is therefore regulated by administrative law. The licensing authorities are federal executive authorities and executive authorities of constituent entities of the Russian Federation. The main regulatory act in the field of licensing is the Federal Law of August 8, 2001 “On licensing of certain types of activities”.

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Economic law is a set of legal norms governing relations that develop in the process of carrying out economic activities. Currently, in our country, as in most other countries of the world, the main sources of law are regulations - official documents adopted by the competent authorities in the prescribed manner and containing rules of law. Economic law and its sources

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Regulatory legal acts are divided into two large groups: laws that have the highest legal force; by-laws and regulations adopted on the basis and in pursuance of laws. As for by-laws, the decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation have the greatest legal force. As for laws, at the top of the pyramid of these legal acts is the Constitution - the Basic Law of the country. Then follow federal constitutional laws, ordinary federal laws and laws of federal subjects.

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The most important, fundamental norms of Russian economic law are enshrined in the Constitution of the Russian Federation. They can be considered as principles of economic law, i.e. fundamental principles from which all other rules of economic law proceed. These include: Unity of economic space; Free movement of goods, services and financial resources Support for competition; Diversity of forms of ownership; Freedom of economic activity, including the right of everyone to do business;

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Finally, speaking about the sources of economic law, it is necessary to keep in mind that, in accordance with Art. 15 of the Constitution of the Russian Federation, the generally recognized principles and norms of international law and international treaties of the Russian Federation are part of the Russian legal system. Therefore, the sources of economic law in Russia should also include international treaties of the Russian Federation in the economic sphere. In practice, most business entities rarely turn to such sources of economic law. However, every entrepreneur should remember that in the event of a discrepancy between the rules of law and the rules of an international treaty in Russia, priority is given to the rules of the international treaty.

Economic relations as a subject of legal regulation Law is a regulator of social relations. Its purpose is to streamline the life of society, ensure its normal functioning and development. It should be remembered that before law and together with it, customs and traditions, morality, and religion existed and exist, which also act as the most important regulators of social relations. There are also areas of social life in the regulation of which law does not play a dominant role. And there are also relationships that are not subject to legal regulation at all.

Concepts and signs of entrepreneurial activity In a market economy, the bulk of economic relations are formed in the process of carrying out entrepreneurial activities. In accordance with the article of the Civil Code of the Russian Federation, entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law.

From this definition, the following characteristics of entrepreneurial activity can be identified: 1) independence; 2) focus on systematically making a profit; 3) risky nature; 4) Registration in accordance with the procedure established by law of persons carrying out this activity.

1) Independence as a sign of entrepreneurial activity includes organizational independence and property independence of the entrepreneur. Organizational independence is manifested in the fact that the entrepreneur himself - without any instructions “from above” - decides what and how to produce, from whom to purchase the necessary raw materials and supplies, to whom and at what prices to sell the manufactured products, etc. Property independence presupposes that the entrepreneur has a separate, i.e. it is the property that belongs to him, which he uses in carrying out business activities.

2) The focus on systematically making a profit is the most essential feature of entrepreneurial activity. Both from the point of view of ordinary consciousness and from the point of view of science, entrepreneurial activity is, first of all, an activity whose purpose is to make a profit.

3) The risky nature of entrepreneurial activity lies in the fact that it does not always produce the expected results. It was the risky nature of entrepreneurial activity that led to the emergence of the institution of insolvency (bankruptcy) in civil law.

4) Registration in accordance with the procedure established by law of persons carrying out entrepreneurial activities. Some authors consider this sign as formal, pointing out that if the other three signs listed above are present, the activity will be considered entrepreneurial, even if it is carried out without registration

Economic law is a set of legal norms that regulate relations that develop in the process of carrying out economic activities. Currently, in our country, as in most other countries of the world, the main sources of law are regulations - official documents adopted by the competent authorities in the prescribed manner and containing rules of law.

Regulatory legal acts are divided into two large groups: 1) laws that have the highest legal force; 2) secondary legal acts adopted on the basis and in pursuance of laws. As for laws, at the top of the pyramid of these legal acts is the Constitution - the Basic Law of the country. Then follow federal constitutional laws, ordinary federal laws and laws of federal subjects. As for by-laws, regulatory and legal acts, the decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation have the greatest legal force.

The most important, fundamental norms of Russian economic law are enshrined in the Constitution of the Russian Federation. They can be considered as principles of economic law, i.e. fundamental principles from which all other rules of economic law proceed. These include: - unity of economic space; - free movement of goods, services and financial resources - support for competition; - Diversity of forms of ownership; -Freedom of economic activity, including the right of everyone to do business;