State regulation of trade is carried out with the help of a system of standard measures, of a legislative, executive and supervisory nature, by authorized state institutions in order to stabilize and adapt the existing social economic system to changing conditions. It is implemented with the help of a special system of measures that involves the use of the legislative framework, acts, decrees, as well as various regulatory documents.

One of the main documents providing for the regulation trading activities is federal law Russian Federation dated December 28, 2009 "On the basics of state regulation of trading activities in the Russian Federation", which entered into force on February 1, 2010.

This Federal Law defines the fundamentals of state regulation of trading activity in the Russian Federation.

The objectives of this Federal Law are:

• 1) ensuring the unity of the economic space in the Russian Federation by establishing requirements for the organization and implementation of trading activities;
• 2) development of trading activities in order to meet the needs of sectors of the economy in manufactured products, ensure the availability of goods for the population, create a competitive environment, support Russian manufacturers goods;
• 3) ensuring the observance of rights and legitimate interests legal entities, individual entrepreneurs engaged in trading activities, legal entities, individual entrepreneurs supplying manufactured or purchased goods intended for their use in business activities, including for sale or resale, the balance of economic interests of these economic entities, as well as ensuring compliance with the rights and legitimate interests of the population;
• 4) delimitation of powers between federal state authorities, state authorities of the constituent entities of the Russian Federation, bodies local government in the field of trade regulation.

This Federal Law regulates relations arising between state authorities, local governments and economic entities in connection with the organization and implementation of trading activities, as well as relations arising between economic entities in the course of their trading activities.

Trade, acting as a link between various sectors of the national economy and, in particular, as a link between producer and consumer, did not remain outside state regulation. Modern mechanism of regulation economic activity trade can be represented as an integrated system of forms, methods, means by which the state influences the objects of trade.

The mechanism of state regulation of trade can be viewed as a closed system of relationships between economic entities and objects, representing a set of elements and links between them. When considering the implementation of regulatory functions, it is necessary to use a process approach, because the work to achieve the goals is not some kind of one-time action, but a series of continuous interrelated actions. These actions, each of which is a process in itself, are very necessary for the successful operation of enterprises and trade organizations. Therefore, a systematic approach is also necessary for understanding state regulation.

Consistency is also manifested in the fact that regulation is carried out according to a three-level management system: at the federal level, at the level of subjects of the Russian Federation (regional), as well as at the level of local governments. In each of them, appropriate structures have been created with all specific goals, objectives and functions.

The subject of state regulation of trade is the state, public organizations, legislative bodies. The object is economic, organizational and managerial relations in the field of trade at the level of business entities in the form trade organizations.

Between the subject and the object there is a direct and feedback relationship, the regulation of which can be represented as an integral and functioning system. With the help of a direct connection, a purposeful impact of the state on the object is carried out, in turn, feedback is manifested in the restructuring, modernization of previously implemented technical solutions businesses that have an impact on the economy. The presence of a direct feedback constitutes a regulatory mechanism.

The system of state regulation of trade has its own goals, objectives, principles, functions, forms, tools, methods and connections.

The goals of state regulation, being in close relationship, are unequal in terms of the scale of impact, significance and consequences. There are strategic and tactical goals. Among the strategic goals, the most priority are: ensuring the economic and social stability of the consumer goods market, economic security, competitive advantage. Tactical (concrete) goals may differ according to the objects of regulation, but should proceed from the linkage of public and private interests.

The specific objectives of trade regulation are:

• - formation of market relations in the sphere of trade;
• - formation of an integral system of trade services for the most complete comprehensive service the needs of the population and the demands of the local labor market;
• - creation of a regulatory framework that ensures the effective functioning and development of trade and, ultimately,
• - ensuring sustainable economic growth. At the micro level, i.e. at the enterprise level, specific objectives can be economic, social and environmental.

In general, the main task of state regulation is to maintain the stability of the consumer market and ensure its social orientation, which can be implemented using certain principles. The social orientation of the market is very important for present stage development of the economy, since it is by developing the consumer market that one can achieve economic stability in society as a whole.

The mechanism of state regulation should be based on six guiding principles:

• 1) Refusal of the economic management of trade enterprises and orientation to the management of processes occurring in the consumer market.
• 2) Reduction of administrative impact to legal regulation.
• 3) Ensuring the equality of subjects of trading activities, regardless of their organizational and legal forms and forms of ownership.
• 4) Recognition of the need to centralize a certain set of organizational and economic functions.
• 5) A clear distinction between macro and micro levels in the system of state regulation.
• 6) A clear division of functions between the three levels of the system of state regulation, while maintaining at each of them a common approach to the problem of state regulation of trade in general.

Along with them, in modern conditions transition to economic methods of regulation and self-regulation, the principle of decentralized management of enterprises and organizations, which is derived from other principles and follows from the properties of the economic system, is becoming increasingly important. Decentralization of management is manifested in the absence of a centrally established state plan subject to mandatory implementation, state interference in the operational and economic activities of organizations is not allowed. Under the conditions of decentralized management, the rights of the state apparatus are limited and do not give it the opportunity to command the activities of enterprises and organizations. In addition to limiting the rights of the central office, it is important to delegate planning and management functions to business entities, providing them with a significant level of independence in determining their actions, making economic decisions.

The principles of the trade regulation mechanism must be correlated with those priorities that need to be addressed in the first place. The following can be considered as social priorities of state regulation of trade:

• - formation of the consumer market;
• - ensuring the sustainability of the functioning of enterprises and trade organizations as the most important factor in regional economic security;
• - changing the strategy of scientific, technical, information development;
• - implementation of a comprehensive system of measures to improve investment attractiveness enterprises, creating favorable conditions for the inflow of investments by including market mechanisms regulation.

In particular, one can note the development of programs to support small businesses, and the orientation of enterprises towards the production of goods that are in demand among consumers, the introduction of new production technologies, the improvement in the quality of products, and the creation of a favorable economic climate for investment.

General and particular regulatory functions are directly related to the goals and priorities of state regulation of trade. Goals and priorities are realized through regulatory functions.

In the system of state regulation of trade, among the general functions, the creation of economic and legal conditions for the functioning of the regulatory mechanism can be considered the most important. As is known, a market economy objectively assumes high management efficiency due to the competent use of its laws, principles, and methods.

Commercial law is based on the application civil law as a set of norms and other means of law governing commodity circulation. Industry specialization trade legislation is enshrined in the General Legal Classifier of Branches of Legislation, approved by Decree of the President of the Russian Federation of March 15, 2000 No. 2172 (with subsequent amendments). Trade legislation is highlighted in this classifier.

The subject of regulation of trade law is trade and entrepreneurial activity to promote goods from manufacturers to retailers and other consumers using goods for business and other economic purposes.

The next general function is decentralized management trade objects. The implementation of this function is aimed at pursuing a regional policy to meet the needs of the population in goods and services, participation in investment projects and programs of socio-economic development of regions, state regulation of socio-economic development for territorial business entities, bankruptcy prevention.

Importance in the context of the implementation of a socially oriented model market economy It has social function state regulation; the volume of redistribution of the total social product, taking into account various social groups should be sufficient to achieve the goal of state regulation. The state should act as a guarantor of socially unprotected sections of the population (war veterans, disabled people, large families, etc.).

An important general function is the function of strategic planning. Sometimes economists call it planning and forecasting. Strategic planning, as the economist V. Leontiev noted, is aimed at obtaining internally consistent descriptions of the various states in which the economy may find itself after applying alternative combinations of various economic policy measures.

An obligatory function is organizational, providing a systematic approach to reforms, the integrity of the state economic policy.

The very concept of "mechanism", which comes from the Greek mechane - machine, means a system, a device that determines the order of any type of activity. Consequently, one of the components of this function in the conditions of the formation of a market economy is to ensure the procedure for carrying out activities in the process of production, distribution and redistribution of the total social and national income. The system of organizational and economic relations covers the relations that develop in the process of organizing integrated labor, relations for the exchange of activities and management relations.

In state regulation of a market economy, two aspects seem to be the most important. First necessary condition for ordering impact is regulation, a set of rules and restrictions on market activity. It is carried out through state planning, the publication of regulatory legal acts by the government. The development of a system of rules of economic behavior for all participants in the economic process is necessary to provide its objects with independence in entrepreneurial activity.

The second aspect is the state influence on the market through the withdrawal of part of the profits, income through the taxation system and other payments to the budgets. By distributing funds in the interests of national needs, the state implements its financial policy and influences the market.

The components of the organizational function are also:

• - amplification state control over the activities of organizations, especially those providing state orders;
• - creation of information support and security of state regulation.

The organizational function covers a wide range of issues related to the choice organizational forms functioning of trade organizations on the basis of various forms of ownership, schemes and management structures: definition of functions, rights, relationships, responsibilities of each link of regulation, improvement information base, a staffing system, i.e. a system of hiring and remuneration, training and placement of personnel. In general, this function improves the effectiveness of trade regulation, covering the whole range of issues to achieve the set goals.

The functions of state regulation of the sphere of trade are closely related to the forms (instruments) of its regulation: program; monetary; tax; price; licensing, quotas, etc.

The necessary form of regulation is software. This form can be forecasts of the socio-economic development of the regions, the Concept for the Development of Trade, the privatization program, the Comprehensive Program for the Development of the Infrastructure of the Commodity Markets of the Russian Federation and other programs.

One of the important forms of regulation is also monetary. The fundamental goal of monetary policy is to help the economy achieve an overall level of production characterized by full employment and price stability. Monetary policy consists of changing the money supply in order to stabilize aggregate output (stable growth), employment and price levels.

The main directions of the unified state monetary policy are developed by the Bank of Russia in accordance with the Federal Law "On the Central Bank of the Russian Federation" dated October 19, 2011, No. 285 FZ, contain an analysis current state and the forecast for the development of the Russian economy for the coming year, as well as the main guidelines, parameters and instruments of monetary policy.

State regulation is carried out with the help of loans, through changes in discount rates by the Central Bank. To stimulate the most important areas of activity (production food products, small and medium-sized businesses) preferential lending, preferential taxation, investment tax credit (deferred tax payment) can be applied.

Among the many economic levers through which the state influences the market economy, an important place is occupied by taxes.

Taxes are obligatory payments levied by the state on the basis of the law from legal entities and individuals - enterprises, organizations, citizens - to meet public needs. In the conditions of market relations, the tax system is one of the most important economic regulators, the basis of the financial and credit mechanism of state regulation of the economy. The state widely uses tax policy as a certain regulator of the impact on negative market phenomena.

Regulated through taxes foreign economic activity, including attraction of foreign investments, self-supporting income and profit of the enterprise are formed. With the help of taxes, the state receives at its disposal the resources necessary for the performance of its public functions. Taxes also finance social security spending, which changes the distribution of income. The system of taxation determines the final distribution of income among people.

Tax regulation is carried out with the help of tax rates and tax benefits. Tax benefit - full or partial tax exemption for legal entities. The tax rate (rate of taxation) - the amount of tax charges per unit of measurement of the tax base, is one of the mandatory elements of the tax. The size of tax rates should take into account the needs of the state in budget revenues and should be determined on a compromise basis of the state and the interest of enterprises in their activities and investments.

At the moment, the following tax rates apply in Russia:

• 1) VAT rate - 18% and 10% - for certain groups of goods;
• 2) Income tax - 20%;

Maneuvering tax rates, benefits and fines, changing the terms of taxation, introducing some and canceling other taxes, the state creates conditions for the accelerated development of certain industries and industries, contributes to the solution of urgent problems for society. For example, to promote the development of small businesses, various government support is used: the creation of special funds for financing small businesses, concessional lending to their activities, etc. But the main means of assisting small businesses is special preferential terms of taxation.

In accordance with paragraph 1 of Art. 30 of the Tax Code, the tax authorities in the Russian Federation are the State Tax Service of the Russian Federation and its territorial divisions in the Russian Federation.

The regulation and control of trading activities is also carried out with the help of the price policy of the state. The pricing policy of the state is the activity of central and local authorities executive power, which is aimed at the optimal establishment of prices for certain types of goods and services. This policy is aimed at achieving the following main goals:

• 1) Slow down the inflationary rise in prices as a result of the depreciation of money during the war period, eliminate disproportions in prices for certain types products and services.
• 2) Achieve the necessary correlations in the development of production.
• 3) To hinder the growth of wages, which increase in proportion to the rise in prices.
• 4) Subsidize state-controlled production, protect backward sectors of the economy from foreign competition (primarily agriculture), and promote foreign economic activity.
• 5) Mobilize the budgetary funds necessary for the implementation of socio-economic activities.

At the same time, an important task is to achieve certain social results, in particular, maintaining a decent living wage, providing people with the opportunity to purchase essential goods in sufficient quantities.

The development of pricing policy as an integral part of the overall economic and social policy of the state is one of the most important components of economic reform. Its implementation contributes to the development of market relations, mitigation of its negative socio-economic consequences, leads to an increase in product quality and development of competition, and ultimately contributes to the growth of the efficiency of a market economy. Holding public policy in the country is provided by the Cabinet of Ministers of the Russian Federation, which determines the list of products, goods and services for which fixed and regulated prices and tariffs are approved, as well as the powers of the bodies government controlled in the industry of establishing control over prices (tariffs).

It should be noted that price liberalization does not weaken, but rather enhances the role of the state in the implementation of pricing policy. It does not consist in setting specific prices, but in influencing, with the help of economic measures, the adoption by commodity producers of optimal decisions on prices, in providing them with methodological and methodological assistance, and in developing legal norms for pricing.

Also, quite an important form of state regulation of the sphere of trade is the licensing of trade activities. Licensing is a way to protect market entities from the actions of non-professional participants, a form of state control over the activities of the entity. According to GOST R 51303-99 “Trade. Terms and definitions”, trade is a type of entrepreneurial activity associated with the purchase and sale of goods and the provision of services. You can do business, including trade in Russia without restrictions. However, in order to be able to trade, it is not enough to have one desire, it is necessary to register in the manner prescribed by law. This applies to both organizations and individuals - both must go through the state registration procedure.

To obtain a license, subject economic activity applying for it (the licensee) must provide the licensing authority with the necessary set of documents and pay the state fee, since licensing is carried out on a paid basis. Article 8 of Law No. 99-FZ establishes that a license is issued for a period of five years. At the end of the license term, at the request of the licensee, the term may be extended. Extension of the license is carried out in the order of reissuing a document confirming the existence of a license.

Main normative document The Federal Law of May 4, 2011 No. 99-FZ “On Licensing Certain Types of Activities. Article 2 of Law No. 99-FZ defines a licensed type of activity as a type of activity for which a license is required in Russia in accordance with Law No. 99-FZ. The types of activities for which it is necessary to obtain a special permit are listed in article 17 of the said Law, from which it follows that, in relation to trade, a special permit is required for trade:

• - weapons and military equipment;
• - weapons and main parts of firearms;
• - ammunition for weapons.

It should be borne in mind that in addition to the listed types of trade, pharmaceutical activities are also subject to licensing, as well as activities in the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products.

It is important to note that licensing is not considered as a restriction of the rights and freedoms of an economic entity engaged in trade, but as an instrument of state regulation of trade activities that can lead to damage to the rights, legitimate interests, health of citizens, defense and security of the state, cultural heritage peoples of the Russian Federation.

Also, along with licensing, quotas for trading activities are applied, which is carried out by introducing quotas - restrictions in value or physical terms imposed on the import and export of certain goods for a certain period of time. Import quotas are used as a protective measure when there is a threat of damage to producers of similar competing goods in the territory of the Russian Federation.

Quantitative restrictions on imports and exports are a direct administrative form of state regulation of foreign trade. Licenses and quotas limit the independence of enterprises in relation to entering the foreign market, narrow the circle of countries with which transactions can be concluded on certain goods, regulate the number and range of goods allowed for import and export. At the same time, the system of licensing and quotas for imports and exports, establishing strict control over foreign trade some goods, in many cases it turns out to be more flexible and efficient than the economic levers of foreign trade regulation.

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object legal regulation trade are relations connected with the organization and implementation of trading activities on the territory of the Russian Federation. State regulation of trade applies only to activities related to the sale of goods and carried out through the conclusion of contracts retail purchase and sale or supplies.

State regulation of trading activities represents a special type of legal relationship, the participants of which are, on the one hand, bodies of state power and local self-government, and on the other hand, legal entities and individual entrepreneurs (business entities commercial activities), carrying out trading activities both through the creation of trading facilities and ensuring their functioning, and without their use.

Federal Law No. 381-FZ of December 28, 2009 (as amended on December 31, 2014) “On the Fundamentals of State Regulation of Trading Activities in the Russian Federation” (as amended and supplemented, effective from January 9, 2015).

This law governs relations arising between public authorities, local governments and economic entities in connection with the organization and implementation of trading activities, as well as relations arising between economic entities in the course of their trading activities.

The law provides for the right of the Government of the Russian Federation to establish maximum permissible retail prices for socially significant food products if, within 30 days, their price increase is at least 30%.

The maximum amount of remuneration that the supplier pays to the trade organization for achieving certain sales volumes has been established.

The legislator has established deadlines for settlements between trade organizations and suppliers of food products, depending on the expiration date of the goods.

A separate agreement may be concluded between the supplier of food products and the trade organization paid provision services for advertising, marketing and other promotion of goods. However, it is forbidden to make the conclusion of a supply contract dependent on the conclusion of a contract for the provision of services for a fee.

The legislator established that at least 60% of non-stationary retail facilities should be used by small and medium-sized businesses. However, this is not a direct rule.

A number of antimonopoly rules have been established for business entities engaged in trading activities and business entities engaged in the supply of food products. In particular, it is forbidden to include in contracts a condition on the return of goods not sold after a certain period; It is prohibited to carry out wholesale trade using a commission agreement or a mixed agreement containing elements of a commission agreement.

A number of antimonopoly requirements have been established for state authorities of the constituent entities of the Russian Federation and local governments. In particular, they are prohibited from requiring repeated checks of the quality of goods, certification and accreditation of retail facilities that are not provided for federal laws.

The law provides for the formation of commercial registers in the constituent entities of the Russian Federation. Trade registers will include information about trade organizations, suppliers and the state of trade in the territory of the relevant subjects of the Russian Federation. And although the legislator has forbidden to force trade organizations and suppliers to enter information about them in commercial register, but it can be assumed that the trading activities of organizations that have not reported information about themselves to the commercial register will be significantly hampered.

In the sphere of state regulation of trade not included:

1) relations arising from the sale and purchase of goods between citizens;

2) relations between business entities and citizens, also regulated by civil law, including consumer protection law;

3) relations associated with the organization of retail markets, as well as with the organization and implementation of activities for the sale of goods (performance of work, provision of services) in retail markets, since such relations are regulated by the Federal Law "On Retail Markets and on Amendments to Labor Code Russian Federation";

4) relations arising in connection with the organization and use of commercial facilities in the field of service provision (for example, enterprises Catering or household services population).

Legal regulation of relations in the field of trading activities is carried out by the Civil Code of the Russian Federation, the Federal Law on State Regulation of Trading Activities (GRTD), as well as other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, laws of the constituent entities of the Russian Federation, other regulatory legal acts of the constituent entities of the Russian Federation Federation. Among the most significant legal acts in this area should be mentioned: Federal laws of January 2, 2000 N 29-FZ "On the quality and safety of food products"; dated November 22, 1995 N 171-FZ "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products"; dated July 10, 2001 N 87-FZ "On the restriction of tobacco smoking".

Goals state regulation of trading activities at the present stage are:

1) ensuring the unity of the economic space in the Russian Federation by: pursuing a unified state trade policy; regulatory legal regulation in the field of trading activities; establishing a unified procedure for conducting control and supervisory activities; establishing requirements for the organization and implementation of trading activities;

2) development of trade activities in order to meet the needs of economic sectors in manufactured products, ensure the availability of goods for the population, create a competitive environment, and support Russian manufacturers of goods;

3) ensuring the observance of the rights and legitimate interests of legal entities, individual entrepreneurs engaged in trading activities, legal entities, individual entrepreneurs supplying manufactured or purchased goods intended for use in business activities, including for sale or resale, balance of economic interests of these economic entities, as well as ensuring the observance of the rights and legitimate interests of the population (part 2, article 1 of the Federal Law on GRTD).

Main tasks state regulation of trading activities are:

1) exclusion of unjustified interference of state authorities and local self-government in the trading activities of economic entities;

2) delineation of powers of federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments in the field of regulation of relations arising in connection with the implementation of trading activities by entrepreneurs;

3) ensuring the transparency of measures of state regulation of trading activities and the availability of information in this area;

4) providing quality and affordable customer service;

5) ensuring the uniform and civilized development of various forms of trading activity, taking into account the policy of supporting small and medium-sized businesses.

State regulation of trading activities performs a number of important functions:

1) formation and implementation of state policy in the field of trading activities;

2) exercising control and supervision in the field of trade;

3) formation and maintenance of information resources, including registers of participants in trading activities and trading facilities;

4) determining the location of retail facilities;

5) issuance of permits for the implementation of trading activities in cases provided for by law.

Federal Agency of Sea and River Transport

Federal State Educational Institution of Higher vocational education

"Volga State Academy of Water Transport"

Department of distance learning

Department of Civil Law Disciplines

TEST

on the topic: "State regulation of trading activity"

N. Novgorod

Introduction

1. Methods of state regulation of trading activities

2. Rights and restrictions for authorities

3. Rights and obligations of business entities

4. Taboo for business entities

Conclusion

Bibliography

Introduction

On February 1, 2010, Federal Law No. 381-FZ of December 28, 2009 "On the Fundamentals of State Regulation of Trading Activities in the Russian Federation" (hereinafter - Law No. 381-FZ) came into force. This document introduced significant changes to the legal regulation of trading activities on the territory of the Russian Federation: it established the powers of executive authorities (at the federal level and the level of a constituent entity of the Russian Federation) and local governments in the field of trading activities, requirements for the organization and implementation of trading activities, as well as measures for its development. Until now, a similar normative act didn't exist.

The main idea of ​​Law No. 381-FZ is "the creation of a transparent and predictable procedure for the implementation of trading activities, not subject to any arbitrary requirements of local authorities, as well as the elimination of unnecessary administrative barriers to trade."

To achieve these goals, Law N 381-FZ establishes antimonopoly requirements for state authorities of the constituent entities of the Russian Federation, local self-government in the field of regulation of trading activities.

In paragraph 1 of Art. 3 of Law N 381-FZ it is noted that the legal regulation of relations in the field of trading activities is carried out Civil Code, this Law, the Law on the Protection of Consumer Rights, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Of particular note is the Letter of Rospotrebnadzor dated 04.02.2010 N 01 / 1475-10-32, in which officials indicated: the scope of Law N 381-FZ does not include issues regulated by consumer protection legislation. In addition, the methods of state regulation of trade activities introduced by this Law do not imply any changes in approaches to control (supervision) over compliance with the mandatory requirements established by sanitary legislation or legislation on technical regulation, to the goods themselves in circulation. At the same time, Law N 381-FZ does not apply at all to the sphere of legal regulation of relations under the Federal Law of December 30, 2006 N 271-FZ "On retail markets and on amendments to the Labor Code of the Russian Federation."

1. State regulation methods

According to Article 4 of Law N 381-FZ, state regulation of trading activities is carried out through:

1) establishing requirements for its organization and implementation;

2) antimonopoly regulation in this area;

3) information support in this area;

4) state control (supervision), municipal control in this area.

The use of methods not provided for by this list in accordance with Part 2 of Article 4 of the Law is not allowed, with the exception of cases established by federal laws.

The designation of the limits of state regulation of the economy, including by formulating an accurate and exhaustive list of forms and methods of state regulation, is not only a self-limitation of the state (in the face of its government agencies) in the impact on public relations, but also a certain guarantee to the subjects of such relations that the state will not use other means of influencing their behavior and, therefore, that the relevant issues will be resolved on the basis of self-regulation or co-regulation (if the use of certain means by the state is made dependent on certain conditions).

Among the direct and general methods of regulating relations between public authorities and economic entities in connection with the organization and implementation of trading activities, the following should be mentioned:

1) licensing of certain types of trading activities with certain types of goods and, accordingly, the prohibition and suppression of trade in these types of goods without an appropriate license;

2) state regulation of prices for certain types of goods.

The system of methods of state regulation of these relations is supplemented by general methods applied to these relations as a variety of other relations (business, tax, etc.), namely the state registration of business entities, governmental support small business, forecasting and planning, other methods inherent in tax, customs, technical and other types of regulation. State regulation of relations between business entities and public authorities of the constituent entities of the Russian Federation, in addition to the methods listed in clauses 1 and 4 of part 1 of Article 4 of the Law, is based on programming and rationing methods, the content of which is disclosed directly in the Law (the relevant articles of Chapter 4).

An even more extensive system of methods of state regulation appears if we recall the special methods of regulating relations that arise in the organization and implementation of trade in certain types of goods. In particular, the Federal Law of November 22, 1995 N 171-FZ "On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcohol and Alcohol-Containing Products" provides for such a method of regulating the trade in alcoholic products as declaring the sale of alcoholic products. Federal Law No. 86-FZ of June 22, 1998 "On Medicines" provides for such a method of state regulation as attestation and certification of specialists involved in the circulation of medicines (including wholesale and retail medicines). Federal Laws No. 150-FZ of December 13, 1996 "On Weapons" and Federal Laws No. 3-FZ of January 8, 1998 "On Narcotic Drugs and Psychotropic Substances" provide for the direct limitation of their turnover. In accordance with Federal Law No. 264-FZ of December 29, 2006 "On the Development Agriculture"In the sphere of production and turnover of agricultural products, such methods of state regulation as commodity and purchasing interventions are used.

Indirect methods of state regulation of trade in certain types of goods are certification, labeling of goods (for example, alcoholic products in accordance with the Federal Law "On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products", tobacco products in accordance with the Federal Law of December 22, 2008 N 268-FZ "Technical Regulations for Tobacco Products"), state registration of goods (for example, medicines in accordance with the Federal Law "On Medicines"), since in this way the circulation of uncertified, unmarked, unregistered goods is prohibited.

The industry itself, represented by its economic entities, does not really need a "conditionally" exhaustive lists methods of state regulation. First, because the convention of their exhaustion of methods state influence on trade and directly related relations erodes guarantees for the implementation by the state of a predictable and stable state policy in the field of trade. Secondly, because limiting the sources of methods of state regulation only by federal laws can serve bad service industry in situations where it is necessary to promptly apply enforcement measures that are not yet "written" in the relevant federal laws, which was vividly demonstrated by the financial and economic crisis of 2008-2009, which prompted the Government of the Russian Federation to adopt a number of anti-crisis measures, including in the field of trade. Taking into account the complexity and diversity of relations arising in the organization and implementation of trading activities, the high sensitivity of the industry to changes in external and internal environment and dependence on them, the list of sources containing positive and indirect means of state regulation (for example, the creation of favorable conditions for the development of the industry, the development of scientific research in the field of the industry, etc.), it seems logical to expand and include at least regulatory decrees of the President of the Russian Federation ( see Article 14 of the Federal Constitutional Law of December 17, 1997 N 2-FKZ "On the Government of the Russian Federation") or completely abandon the definition of regulatory sources of methods of state regulation as not guaranteeing the industry protection from the use of a strictly defined set of measures by the state (the Law does not real measures to ensure the implementation of guarantees for the state to use only methods that are provided for by federal laws, namely, it is not defined how to evaluate the adoption of a decree of the President of the Russian Federation or a decree of the Government of the Russian Federation, which provides for the use to influence trade and directly related to they relate to new methods) and formally constrain the development of the system of state regulation of trading activities. As an example of the development of this system autonomous from the Law in favor of the trade industry, one should cite a program to stimulate the acquisition of new vehicles to replace those that have been decommissioned and handed over for recycling, as well as to create in the Russian Federation a system for collecting and recycling decommissioned vehicles, which is being implemented as an experiment on the basis of Decree of the Government of the Russian Federation of December 31, 2009 N 1194. And although its main goals are proclaimed support for the Russian automotive industry, improving safety traffic and stabilization of the environmental situation, however, it involves indirect regulation of such a sector of trade as the trade in cars - this act provides for the allocation of subsidies to compensate for losses in the income of trade organizations when selling new vehicles Russian production individuals who handed over for recycling a vehicle that was out of service. The absence in Article 4 of the Law of such a method of state regulation as programming and planning at the federal level does not prevent the Ministry of Industry and Trade of the Russian Federation from developing a Strategy for the Development of Internal Trade of the Russian Federation for 2010-2015, which does not preclude raising questions about its legitimacy in the future (in depending on its content).

State regulation of the activity of an enterprise involves the impact of the relevant government bodies on the process of its functioning, aimed at the successful implementation of the goals and objectives of the enterprise in the conditions of harmonizing the interests of the manufacturer, consumer and society as a whole, both in the short and long term.

The process of state regulation of the activity of an enterprise is carried out through the formation and activation of an appropriate economic and legal mechanism. The mechanism of state regulation of the activity of an enterprise is a functioning system of principles, methods and forms established by law for exerting state influence on relations, processes and conditions for the economic and production activities of an enterprise in a market economy.

The most important principles of state regulation of the activity of an enterprise are those initial provisions that serve as the basis (base) for organizing and implementing the process of state influence on the functioning of an enterprise in market conditions. One of these principles is the democratization of the economic activity of the enterprise, the essence of which is the application of measures of state influence on the activities of the enterprise, which makes it possible to fully implement the process of delegating production management powers to the enterprise level. The use of this principle ensures the strengthening of the independence of the enterprise, freedom of choice and decision-making, the rejection of administrative-command methods of management, the reduction of various restrictions in the field of production and economic activities of the enterprise.

The principle of economic incentives means such an organization and implementation of state regulation of the enterprise, which is based on the economic interests of the enterprise in the development of production and increase its efficiency. The main motive for the activity of the enterprise is profit, which necessitates the use by the state of such methods and regulatory instruments that would ensure the interest of the enterprise in a constant increase in profits as the main source of development of the enterprise, increase the income of employees of the enterprise and ensure the filling of budgets at various levels. Improving the system of economic incentives as the most important principle of state regulation of the enterprise should be aimed at harmonizing the interests of the state, society and all subjects of the market economy. Public administration bodies are obliged within the framework of “ legal framework» create appropriate conditions (“rules of the game”) that ensure enhanced implementation of this principle.

The principle of economic responsibility, based on the fundamental provisions of the Civil Code, means that the enterprise itself, as a business entity, bears full economic (property) responsibility for the results of its activities. This principle assumes that in a market economy, each enterprise that has received complete economic independence assumes almost complete responsibility for its obligations. The refusal of the state in market conditions from direct, direct participation in the management of the production and economic activities of the enterprise and the transition to the procedure of state regulation means that it cannot and should not be directly responsible for the obligations of the enterprise. The implementation of this principle ensures a significant increase in the degree of responsibility of each subject of market relations for final results his activities. According to this principle, any enterprise is independently responsible for the fulfillment of contractual conditions, for debts to all creditors, including the state, for violation of the current legislation in the field of ecology, labor and production safety. However, this principle does not mean that the state should remain absolutely indifferent to the fate of the enterprise, leaving it to the mercy of fate. The role of state bodies is not just in strict observance of this principle of state regulation of the activities of an enterprise, but in the development and application of specific procedures, the formation of certain conditions, the approval of the necessary norms and standards that contribute to the formation of legal support for resolving the contradictions that arise in this case in the interests of the enterprise and its counterparties, including through the judicial system of the state.

The forms of state regulation, understood as a set of methods and means of influencing a process and used when the state influences the activities of an enterprise, are the following.

Direct management of state enterprises. In the market economy of any country, the so-called public sector functions, which includes, among other things, state-owned enterprises, the property of which is the property of the state. Such enterprises, being an integral part of the national economic complex of the country, operate in a market environment, observing the rules of the game common to any business entity, corresponding to market relations.

However, due to the fact that the owner of such enterprises is the state, they are objects of direct and immediate control of the relevant state bodies. In contrast to state regulation, direct management of a state enterprise involves setting production targets in the form of state orders in terms of volume and range of products, the use of strict administrative methods for managing an enterprise, the responsibility of the state for the obligations of such enterprises, and limiting freedom of choice in making most management decisions.

Direct regulation of the activity of an enterprise, as one of the forms of state influence on the functioning of business entities, is a set of such methods and means that provide the possibility of direct and direct regulation of economic and production activities. The most important of the entire arsenal of techniques and means of direct regulation of the enterprise should include:

State system of taxation;

The system of norms and rules established by the state for conducting business activities of the enterprise, including the procedure for the occurrence and measures of responsibility for violation of the accepted contractual obligations;

A set of measures provided by law for the social protection of employees of the enterprise;

Measures to control and regulate prices for certain types of products and services sold by the enterprise;

A system of state-established requirements and enforcement measures to comply with environmental, technological and other types of production safety.

Indirect regulation of the activity of the enterprise consists in the application of a set of methods and means, the impact of which on the functioning of the enterprise is indirectly affected. Indirect forms of state regulation of the activity of an enterprise include such state influences that provide the formation of the necessary conditions conducive to the development of enterprises in a direction determined by the state and necessary for society. The main methods and means of indirect regulation of the enterprise's activities are:

Formation and execution of budgets of various levels;

Monetary system of the country;

Measures to implement antimonopoly policy;

Techniques and methods used by the state for the implementation of investment activities;

System of measures to support small business;

Methods and methods used by the state for forecasting, programming and planning the development of the national economy as a whole and its individual sectors and regions.

The main methods of state regulation, which should be understood as a set of methods used to solve the problem of their impact on the activities of the enterprise, include legal, economic and administrative ones.

Legal methods, being inherently basic, serving as the basis for the development and application of other methods of state regulation, represent the entire arsenal of legal laws, by-laws and other legal norms of the state's impact on the activities of enterprises.

It is the regulatory and legal support for the functioning of any business entity that determines and establishes:

Norms and rules of "behavior" of the enterprise in market conditions;

The system of rights and obligations;

The degree of participation of the enterprise in the formation of state and other budgets;

Limits of “possible and permissible” (what can be done and what cannot be done, what is allowed and what is prohibited, etc.);

Types and degree of responsibility of the enterprise for the violations of the existing rules of the game.

The importance and significance of the legal framework as the most important method of state regulation of the functioning of the country's economy as a whole and the activities of individual enterprises is manifested not only and not so much in the fact that it forms the form and content of other methods of state regulation, but in the fact that the legislation in force in the country determines the scale and measure (degree) of its intervention in economic processes occurring in market conditions. The objective necessity of state in general and legal, in particular, regulation of the activity of an enterprise in a market economy is indisputable, quite obvious, recognized and proven by world practice. The problem lies in establishing the so-called optimal limits of the state's influence on the activities of the subjects of a market economy. The solution to this problem, as important as it is so complex, is possible and achievable only through the constant development and improvement of the legal framework for state regulation of the entire system of market relations.

Economic methods of state regulation of the activity of enterprises, based on the relevant legislative acts, involve the use of the whole complex of economic interests-based ways of influencing the state on the effective functioning of business entities. Unlike other methods of regulation (legal and administrative), based mainly on coercive methods of influence, economic methods are based on such methods and tools of state regulation that are based on economic coercion or economic support, i.e. on the basis of economic incentives. Stimulation in this case should be understood as the impact of the state on the activities of the enterprise in two aspects. On the one hand, for compliance with the norms and standards established by the state, for the fulfillment of tax, credit, contractual and other obligations, the enterprise is economically encouraged (preferential conditions, most favored nation conditions, etc.), and on the other hand, for violation of the latter, it is subject to economic sanctions (fines, penalties and other measures).

The economic methods of direct state influence on business entities include:

Ways to regulate the tax burden on enterprises;

Measures to implement economic liability for pollution environment and incentives for enterprises to reduce it;

Regulation of prices and tariffs for certain types of products and services;

Measures of influence of the state on the employer on full and timely remuneration of labor and on compulsory social insurance of employees of enterprises.

Economic methods of indirect impact include:

Methods for the development of market relations of property (regulation of the capital market in the country, the investment process, emission processes, etc.);

Regulation of monetary relations, including containment of inflationary processes, interest rate management, development of the banking system, etc.;

Development and implementation of state and regional forecasts, programs and plans for economic development;

Measures to regulate interbudgetary relations;

Expansion of opportunities for foreign economic activity of enterprises, including through the development of international activities of the state.

Even in the conditions of a market economy, the state, in addition to those mentioned, quite effectively, albeit to a limited extent, also uses administrative methods of its influence on the activities of an enterprise. The need to apply such methods of regulating the activity of an enterprise is determined by the objective existence of such areas of business activity, intervention in which is the prerogative of the state. Assuming the functions of direct regulation of certain types of activities of enterprises, the state seeks, first of all, to ensure the safety of the country's citizens from the production and consumption of low-quality products, from man-made disasters, from the impact of hazardous and environmentally harmful industries.

The methods of administrative influence on the activities of the enterprise include:

Permits, the essence of which is to issue special permits (state licenses) for the implementation of certain types of activities of the enterprise;

Prohibitory, in accordance with which a state ban is established on certain types of activities that are the prerogative of state-owned enterprises, as well as the suspension (prohibition) of the activities of enterprises that have committed violations of state-established requirements for production safety that are dangerous for employees of enterprises and the population of nearby territories;

Compulsory measures aimed at ensuring the organization and implementation of certain types of its activities by the enterprise, including such as cleaning especially harmful emissions and discharges, disposal of toxic waste, employment of the disabled and people with limited working capacity.

The most important element of the entire mechanism of state influence on the activities of the enterprise are the subjects of regulation, each of which acts as a separate object of direct or indirect influence of the state. These, first of all, include the whole complex of relations (and, above all, economic relations) in which an enterprise consists in a market environment, as well as the processes carried out on it (production and sale of products, environmental protection, etc.).

The influence of the state on the ownership of the property of the enterprise is manifested through the development and implementation of relevant legislation and the implementation of measures, including the judicial system, to comply with it. In addition, the state exercises direct management of its property, including natural resources and the property of state-owned enterprises transferred to operational management.

In addition, the so-called financial state bodies, which ensure control over compliance with the requirements of tax legislation, money circulation, etc., also have control functions.