Subject, principles and methods of business law

The business law of the Russian Federation is a set of regulations. They are different in their orientation and character. These provisions are grouped by institutes. Existing types of entrepreneurial law contain norms, divided into categories in accordance with their tasks. So, for example, there is an institution of privatization and denationalization, bankruptcy, regulation of the quality of services and goods. Let's consider in detail what the object, method and system of business law are.

General information

The currently existing legal institutions regulate the entrepreneurial legal relations of entities with each other, enterprises with the state and the population. The work of business companies is carried out in accordance with various norms. They are of an administrative, legal, financial and other nature. The regulations regulate the issues of foreign trade, development of competition, privatization, etc. Within the economic sphere, a civil-law mechanism works. It provides protection of property interests of market participants.

Sources

Business law and entrepreneurial activity, as mentioned above, are based on different norms. They act as sources. Norms governing the interaction of economic entities are present in federal laws, presidential decrees, government regulations, instructions, orders of departments and ministries. The customs of trafficking are also used as sources of law. They apply to cases not regulated by legislative norms.

Subject and method of business law

Norms, as stated above, regulate the interaction of business entities with other participants in the turnover. It is the subject of law. In addition, non-commercial interactions established within the framework of the functioning of enterprises act as it. Among them, among other things, state regulation of the national economic complex is referred to them. Effects on interactions are carried out in various ways. These methods of entrepreneurial law exist in two forms. The first is based on equality of participants, economic mechanisms. This is a civil-law method of influence. The other is based on the unequal interaction of the parties. This is an administrative and legal mechanism of impact.

Used methods

The above groups include different methods of business law. They are used depending on the nature of the interaction between the subjects. At the same time, all methods of entrepreneurial law are aimed at providing equal conditions for all market participants. There are the following means of influence:

1. The mechanism of autonomous solutions. This method of regulating entrepreneurial law presupposes the subject's ability to independently make decisions on any issue. When he enters into interaction with other participants in the turnover, he must coordinate his orders with them.
2. The mechanism of mandatory prescriptions. This mechanism works under unequal interactions of the parties - imperious subordinates.
3. Recommendations and prohibitions. These methods of business law are used to create certain restrictions. One participant in the interaction can give another recommendation on the rules of doing business or explicitly prohibit something (conclusion of transactions, for example).

Fundamentals of the work of economic entities

In any economy, the output of services and goods is produced by a multitude of enterprises. However, only within the framework of market conditions does the company act as an independent and independent entity. Entrepreneurial activity can be defined as the process of connecting and organizing production factors to create material benefits for the realization of interests and the achievement of the goals of the business community. The main task of the subject is to extract the maximum profit. Entrepreneurial activity can be carried out by an individual in the status of an IP or on behalf of a legal entity.

Business Signs

From the above concept of entrepreneurial activity, one can derive the following characteristics:

1. This is an independent work of capable individuals.
2. This initiative activities, focused on the realization of human capabilities.
3. This is a long process, the goal of which is profit-making.
4. The work of an economic entity is always connected with risk.
5. Entrepreneurial activity is based on the norms of law and can be exercised by both natural persons and organizations.

Subjects

Entrepreneurial activity is entitled to:

1. Unification of people.
2. Citizens of Russia.
3. Foreigners.

The subject is endowed with the status of an entrepreneur after state registration. Without this procedure, the work 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 IP.

Business Objectives

The entity may conduct business for:

1. Self-realization.
2. Extracting permanent and high incomes.
3. Survival in the long run.
4. Conquest of the market, etc.

As the main motive, however, is profit extraction. Adoption of this goal for the main reason is as follows:

1. Revenue serves as a universal indicator of the effectiveness of the enterprise. Not all companies can afford to carry out actions that lead to lower profits.
2. There is a fairly high competition on the market. Only those enterprises that have a high income can survive in the struggle.
3. The desire to maximize profit allows you to predict and explain the behavior of a number of companies, the dynamics of their prices and production volumes.

Form of organization of work

The legal form of the enterprise is a set of specific characteristics that allow it to stand out in the system of general characteristics of legal entities. According to these criteria, this company (or a group of companies) is different from the others. Each class of legal entities is divided into groups according to its organizational and legal form. Commercial structures can be formed in the form of economic societies and partnerships, unitary municipal and state enterprises, production cooperatives. Non-profit organizations are created in the forms of religious / public associations, consumer cooperatives, institutions that are financed by the owner, charitable foundations, etc.

Principles and methods of business law

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 entrepreneurial law are legally fixed categories. The functioning of enterprises is regulated quite rigidly. At the same time, business relations are built on certain conditions.

freedom

Articles 34 and 8 of the Constitution state that everyone has the right to exercise their abilities and use their own property to conduct business and other activities permitted by law. The principle of freedom has developed in the Civil Code and other normative acts. It reflects the ability of an entity to create and develop its business in any economic sphere chosen by it, in any form permitted by law, using property objects not withdrawn from turnover. This principle is confirmed by the establishment of a common personality for most of the IP and commercial enterprises. Meanwhile, freedom has its limits. In the public interest, federal legislation may restrict it to the extent required by the need to protect the constitutional framework, morality, public health, the country's defense capacity, etc. For example, some activities must be licensed.

Variety of forms, equality and protection of property

Article 8 of the Constitution establishes that the Russian Federation recognizes and protects state, private, municipal property. In accordance with this provision, the legislation can not provide for any restrictions and privileges for any form of ownership. Preferences are not allowed for entities that conduct their business using material assets belonging to the municipality, state or other person. Earlier, the norms provided for the primary protection of state property. Currently, the rules are the same for all forms of ownership and subjects.

Common Economic Space

In Russia, the free movement of financial resources, 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, fees, the establishment of borders or other obstacles to restrict the free movement of financial assets, products and services is prohibited on the territory of Russia. Protection 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 impose these restrictions on their own initiative.

Maintenance of 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 business in the country. A special role in the issue of maintaining competition, combating unscrupulous manifestations and monopolizing it is assigned to the Federal Law of 22 March 1991. It acts as the first antimonopoly normative act in the domestic history.

Use of government mechanisms

In any country, various instruments of state regulation are used. Their various forms and ways of influencing the work of economic agents 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 existing system of impact. Of course, mistakes were made, but along with this, a certain positive effect was achieved. In particular, state regulation today ensures maintenance of the balance of interests of private entrepreneurship, the state and the whole society as a whole.

Legitimacy

It is a fundamental principle in any sphere, including entrepreneurial. The functioning of economic entities should be strictly in accordance with the norms. At the same time, the state is obliged to ensure the legality of the issued acts, decisions taken by state authorities and municipal government. The existing norms 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 recognizing the invalidity of an act of a municipal or regional government agency. In the field of regulatory regulation, the strengthening of the rule of law is ensured by the introduction of rules for the registration of resolutions of the federal institutions of executive power in the Ministry of Justice.

Academic discipline

Entrepreneurship right now is quite actively studied in educational institutions of higher and secondary professional level. Educational programs include the basics of regulatory regulation of the work of enterprises, the specifics of the functioning of the subjects, the factors of the emergence and realization of legal opportunities for the participants in the turnover. Particular attention in the study of discipline is given to the protection of the rights of entrepreneurs. In the framework of training, sets of norms related to the business sphere and other areas interacting with it are described. In addition, relations on state regulation of the economy are being studied to ensure the realization of the interests of the state. 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.