LawRegulatory Compliance

What is illegal business activity?

Unfortunately, it happens that in search of additional sources of existence, people resort to illegal methods of activity. With some, this happens because they do not know the laws of doing business, for others, such activities become a professional occupation or even a way of life. Today, during the active development of entrepreneurship, violations of its rules have become quite widespread.

This concept is not directly defined, but it is easy to understand by the method from the opposite, considering the category of entrepreneurial activity. It, according to the law, represents the initiative activity, which is conducted by citizens with the purpose of profit making. One particular sign of entrepreneurship is its management on behalf of an individual or by organizing an enterprise (legal entity). The second sign is that a person who has taken up entrepreneurial activity organizes and conducts this work on his own fear and risk. Acquisition of the status of an entrepreneur is the initial legal act of carrying out work, and the absence of a fact of registration or establishment of a business entity is a violation of existing legislation, which is qualified as illegal business activity.

The law clearly prescribes all types of activities that can not be attributed to entrepreneurship: grazing, handicraft activities, rental housing for a period of not more than 5 days per month and a number of others. All other ways of earning without formalizing labor relations or registering entrepreneurship are treated as illegal entrepreneurial activities.

The average person may think that the law provides everything that it is almost impossible to find loopholes in it and engage in illegal activities. However, practice shows that illegal entrepreneurial activity is not something supernatural. But most often there are episodes when such grief-entrepreneurs are absolutely frankly surprised how the competent authorities managed to establish the fact of violation of the law. It turns out that for this there are numerous technical and statistical resources. Let us consider some examples in the context of specific activities.

The excise is based on the fact that the source of income comes from a minibus owned by a person, on which he carries passengers, for example, abroad. It goes without saying that this is done without proper registration, the money for transportation is not taken into account, no information is submitted to the tax authorities. Already in this one seemingly action, there is a whole bunch of offenses that constitute the content of the concept of illegal entrepreneurial activity.

Passage is a kind of activity when an individual, upon the request or request of another person, "drives" a car from abroad and resells it without paying taxes - this is also illegal business, the Criminal Code of the Russian Federation in some circumstances provides strict liability for this offense.

At the present time, the conduct of various types of activities through the Internet has become very widespread. A natural person places on any resource (site) information about the sale of something with delivery. As a rule, such goods are delivered without the necessary documents both for the goods and for the service. In this case, claims are made first to the courier, and then to the entrepreneur, if they are not the same person. And the same actions, but where the role of goods are money (for example, currency exchange, investment in unregistered funds, etc.), is qualified as illegal banking activities.

To a person who starts to conduct business, it is important to firmly assimilate that for violation of existing rules, Russian legislation provides for liability. Moreover, if these violations are of a multiple nature, involve considerable damage to citizens and / or the state, then it will not be possible to get rid of administrative or penal sanctions. The fact is that illegal entrepreneurship is subject to jurisdiction in all branches of law, and this is quite natural, in view of the broadest nature of this phenomenon.

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