Legal regulation of entrepreneurial activity and commercial organizations. Medentsov A.S.

Subjects entrepreneurial activity

1. Legal regulation entrepreneurial (commercial) activity.

State regulation of economic activity.

The concept and signs of entrepreneurial activity and entrepreneurial legal relations.

Private law and public law regulation of entrepreneurial activity.

Business entities, their characteristics.

2. Legal status of property of participants in economic relations.

Ownership: concept, content. Ownership types.

Forms of ownership in Russian Federation.

The right of ownership of citizens and legal entities.

State and municipal property.

Limited rights in rem: right economic management and the right to operational management.

3. Organizational and legal forms of entrepreneurial activity.

The concept of a legal entity, its features.

The purpose of the creation of legal entities.

Classification of legal entities.

Ways to create legal entities.

founding documents and state registration legal entities.

4. Legal status of individual entrepreneurs.

State registration of individual entrepreneurs.

Civil legal capacity and legal capacity.

Loss of the status of an individual entrepreneur.

Responsibility of individual entrepreneurs for obligations.

5. Reorganization and liquidation of legal entities.

The concept, grounds and forms of reorganization.

The concept, grounds and procedure for the liquidation of legal entities.

Guarantees of the rights of creditors during the reorganization and liquidation of legal entities.

6. Insolvency (bankruptcy) of legal entities: concept, features, procedures

The concept of insolvency (bankruptcy).

Signs of bankruptcy.

Normative-legal regulation of the institution of bankruptcy.

bankruptcy procedures.

Peculiarity state regulation economic activity is reduced to preventing a clash of private interests of business entities, on the one hand, and the public interests of society as a whole, on the other hand.

In fact, achieving a balance of these interests is possible in various ways and methods. To achieve this goal, it is necessary to develop a perfect mechanism legal interaction entrepreneur and society.

In this sense, the ongoing transition in the Russian economy from direct directive influence (which is typical of the administrative-command system of management) to indirect methods of regulation using various economic levers and incentives (for example, credit and tax incentives) is indicative.



In this way, state regulation of economic activity can combine direct and indirect methods of regulation.

The main form of direct regulation is the state registration of legal entities and individual entrepreneurs (simultaneously with the state registration of company names commercial organizations). It should be noted that obtaining a certificate of state registration does not always allow the entity to start doing business. So, for example, entrepreneurs who carry out cash settlements with the population, by direct order of the law, must register a cash register with the tax authorities. Additionally, in order to develop certain areas of business, entrepreneurs register objects of patent law, means of individualization of goods, works, services. Certain types of property (for example, an enterprise) and certain rights to property used in business activities are subject to registration.

To the forms of direct state regulation of economic activity in particular include:

  • fulfillment of obligations to pay taxes and non-tax payments;
  • licensing certain types activities;
  • the procedure for agreeing with the regional executive authorities on the location of enterprises and the nature of the selected types of entrepreneurial activity, taking into account environmental, demographic and other possible consequences;
  • observance of norms of nature management, sanitation and hygiene;
  • compliance with the requirements for the formation of the cost of products, maintaining accounting, standards, certification of products and services, uniformity of measurements;
  • ensuring the quality and safety of goods, works and services;
  • establishment of norms for nature management;
  • establishment of uniform rules for maintaining and providing accounting, statistical and other information reporting;
  • consumer protection laws.

Indirect Methods regulation involves the provision of preferential loans, subsidies, subsidies, preferential tax treatment, etc.

In all economic systems, the state regulates the economy, and its role increases with the development of scientific and technological progress, the growth of the scale of production and the deepening of the international division of labor.

The state acts, first of all, as a power structure that establishes the rules of behavior in the market for economic entities and influences the conditions for the activity of market entities with its mandatory power regulations. The most important task of the state in this area is development of an effective legal framework.

Market relations provide for the functioning of enterprises and organizations of various forms of ownership. Joint-stock, private and state enterprises participate on equal grounds in the competitive struggle in the markets.

Since the market presupposes freedom of production and commercial activities, competition between producers, the dominance of any one form of ownership is excluded.

Investment activities. State regulation of the investment process is aimed both at stimulating sources of accumulation within the country and at attracting foreign capital on a wide scale. Investment activity is reflected in the relevant state policy.

One of the important areas of state regulation of the economy is labor market regulation. State regulation of employment is tangibly manifested in the development of special legislation, programs to stimulate employment and increase the number of jobs in the public sector, training and retraining of specialists. State social programs have a great influence on the labor market. They contribute to a certain stabilization of the socio-economic situation of the working people, mitigate painful shortcomings market mechanism. As a result, a special price element appears work force, not directly related to the functioning of the labor market and formed on non-market principles.

The above list of the main directions of state regulation of the economy is not limited to this. There are other directions as well.

At the same time, it is important that all state measures to regulate economic processes be taken in the interests of the whole society, both to activate the forms of activity that society needs, and to limit and suppress undesirable forms of management.

Necessary condition normal and efficient functioning market economy is competition of business entities based on the following legal principles:

  • freedom of entrepreneurial and other economic activities not prohibited by law;
  • freedom of movement of goods (trade) and financial resources on the territory of the state;
  • equality legal status subjects of economic activity.

According to the current Civil Code of the Russian Federation, entrepreneurial activity- this is an independent activity carried out at one's own risk, aimed at the systematic receipt of profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law.

Entrepreneurial activity is distinguished by a number of features, which allows us to speak of entrepreneurial activity as a narrower concept than the concept of "economic activity".

The main and mandatory features of entrepreneurial activity are:

1) independent activity;

2) the purpose of the activity is to make a profit;

3) economic risk;

4) the fact of state registration of participants.

The absence of any of the five signs means that the activity is not entrepreneurial.

1. Entrepreneurial activity can be carried out both by the owner himself and by the entity managing his property on the basis of economic management rights with the establishment of the limits of such management by the owner of the property.

Independence in the organization of production is complemented by commercial freedom. The business entity determines the ways and means of selling its products, selects counterparties with whom it will deal. Economic ties are secured by agreements.

An important condition for commercial freedom is free pricing. However, in the economy, absolute freedom of producers does not exist. The entrepreneur has complete independence in the sense that there are no instances above him, issuing commands: what to do, how and how much. It is not free from the market, from its strict requirements. Therefore, we can only talk about certain limits of independence.

2. Entrepreneurial activity involves systematic profit, which is the product of a specific human resource- Entrepreneurial skills. This work is difficult and combines, firstly manifestation of the initiative to combine material and human factors for the production of goods and services, Secondly, making extraordinary decisions on the management of the company, organization of labor and, third, the introduction of innovations through the production of a new type of product or a radical change production process. All this gives grounds to speak of entrepreneurship as a professional activity aimed at making a profit.

Having independence, organizing production in his own interests, the entrepreneur takes responsibility within the limits determined by the organizational and legal form of the enterprise for the result of his activity. The property liability of an entrepreneur is his obligation to suffer adverse property consequences due to offenses committed on his part. Its size depends on the organizational and legal form of the enterprise.

AT Civil Code RF specifies the main subjective feature, i.е. an indication of the systematic receipt of profit is introduced. Isolated cases of profit making are not entrepreneurial activities. Systematicity is characterized by the duration and regularity of profit, which is determined by the professionalism of the entrepreneur. Thus, the Civil Code of the Russian Federation states that for an entrepreneur it is not so much the field of activity itself that is important, but the systematic profit.

3. A sign of entrepreneurial economic relations is economic risk. Risk constantly accompanies business and forms a special way of thinking and behavior, the psychology of an entrepreneur. Risk is the possible adverse property consequences of the entrepreneur's activities, not due to any missed opportunities on his part.

The risky nature of activities can lead not only to bankruptcy, but also be detrimental to the property interests of citizens and organizations. The Civil Code of the Russian Federation provides for increased property liability of an entrepreneur for a breach of his obligations, if he does not have evidence that proper performance was impossible due to the action force majeure(Clause 3, Article 401 of the Civil Code of the Russian Federation). However, this rule is valid unless otherwise provided by law or contract.

The entrepreneur is responsible for the risk with his property, but not only with it. There may also be losses affecting its status in the labor and capital markets (competitiveness, professional reputation, psychological assessment and etc.).

4. State registration business participants - legal fact prior to the commencement of business activities. Business entities must be registered in this capacity to obtain the status of an entrepreneur. Engaging in systematic profit-making activities without state registration entails legal liability.

Entrepreneurial activities can be carried out as legal entities as well as citizens. Among legal entities, commercial organizations fully enjoy this right.

Entrepreneurial relations are public relations in the field of entrepreneurial activity, as well as non-commercial relations closely related to them, including relations on state regulation of the market economy.

These relationships are divided into two groups:

1) proper entrepreneurial relations ( horizontal relations, i.e. relationship entrepreneur-entrepreneur);

2) non-commercial relations ( vertical relationship, i.e. entrepreneur-management relationship).

Both groups together form economic and legal relations, a single economic and legal turnover.

The horizontal (property) relations of entrepreneurs are based on the legal equality of the parties. Their rights and obligations arise from the contract. These relations are regulated mainly by the norms of civil law, this is the so-called private law regulation of entrepreneurial activity.

The second group includes relations, although of a non-commercial nature, but closely related to entrepreneurial ones, for example, relations in connection with the formation of an enterprise (entrepreneur), licensing, taxation, etc. This includes relations on state regulation of the economy, on supporting competition and limiting monopolistic activities, legal regulation of the safety of products, goods and services, pricing, etc. characteristic feature of these relations is the obligatory execution of management acts addressed to entrepreneurs, adopted within the competence of the governing body. These relations are regulated mainly by the norms of administrative, tax, labor, land law, this is the so-called public law regulation of entrepreneurial activity.

As Art. 23 of the Civil Code of the Russian Federation, entrepreneurial activities can be carried out by citizens without forming a legal entity ( individual entrepreneurs), as well as legal entities.

In business relations, the concept of "economic entity" is the main one.

Business entity is a business entity. At the same time, the concept of “economic entity” is wider than the concept of “entrepreneur”, since non-profit organizations, not being entrepreneurs, can participate in economic turnover.

Essential in understanding entrepreneurship is the norm of Part 2 of Art. 34 of the Constitution of the Russian Federation, which defines entrepreneurial activity as type of economic activity. Entrepreneurship can only be carried out within the framework of economic activity. Activities aimed at the systematic receipt of some income, but not being economic, cannot be considered as entrepreneurial.

Signs of business entities:

§ registration in the prescribed manner;

§ the presence of legal capacity (recognized by the right of the opportunity to have property rights and bear obligations);

§ availability of separate property as a base for entrepreneurial activities;

§ independent property liability for obligations.

As experience shows, the practice of economically developed countries of the world, the economic well-being of any country depends on the forms of government and the stability of their legislative system. If the leadership of the state works fully and efficiently and ensures the normal functioning of the laws, then the country will prosper regardless of its geographical location and cultural orientation. In all countries, the state supports entrepreneurship. For the development of the country ultimately depends on its development.

In Russia, entrepreneurial activity is regulated by laws adopted State Duma approved by the Federal Assembly and signed by the President of the country. Besides, importance have decrees and orders of the President (Putin V.V.) and resolutions and orders of the Government of the Republic of Vietnam (Fradkov), directly for the sector of the economy Agriculture orders and instructions of the Ministry of Agriculture of the Russian Federation (Minister Gordeev) are important.

The Basic Law of our country is the Constitution of the Russian Federation. It covers all major legal provisions and any other normative act must not be contrary to the Constitution.

According to the Constitution, every capable person has the right to engage in entrepreneurial and other economic activities not prohibited by law (Article 34 of the Constitution of the Russian Federation). In combination with the right of private property, such freedom of entrepreneurship acts as the legal basis for a market economy, excluding the state's monopoly on the organization of economic life. This freedom is considered as one of the foundations of the constitutional order of Russia (Article 8 of the Constitution).

Therefore, the state is the guarantor of this right. State bodies, are obliged: 1) not to refuse to register an enterprise, referring to the inexpediency, 2) to protect the property of a private entrepreneur on an equal basis with state property, 3) must fight racketeering and extortion, 4) any damage caused to the enterprise through the fault of officials government agencies are refundable. 5) no state body has the right to dictate to the entrepreneur what products he is obliged to produce and what prices should be for it (if the limits are not regulated by law), 6) the entrepreneur himself hires and fires workers in compliance with labor law, he manages his own profit, 7) the freedom of entrepreneurship also includes the right to exercise externally economic activity, create unions and associations with other entrepreneurs, open bank accounts.

At the same time, the state has the right to restrict certain rights of the entrepreneur: 1/. The state prohibits certain types of economic activity (the production of weapons, the manufacture of orders, etc.) or conditions such activities with special permits (licenses). 2/. The state regulates exports and imports, which imposes certain restrictions on many enterprises. Finally, 3/. State bodies have the right to demand from the entrepreneur financial reporting, without affecting trade secret. These and a number of other restrictions are necessary in the interests of the entire national economy, but must be based on the legal framework.

Specific issues related to the exercise of the right to entrepreneurial activity are regulated by many laws, and above all by the Civil Code of the Russian Federation, the first part of which entered into force on January 1, 1995, and the second - on March 1, 1996.

The Civil Code, this kind of basic law of a market economy, introduces economic activity into the general framework of relations of any individuals and legal entities with other persons, enshrines the freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs. According to the Civil Code of the Russian Federation, the main and main condition for starting a business, as we noted earlier, is its state registration. The subject of the right to entrepreneurial activity (it does not necessarily mean the creation of an enterprise) is any person who is not limited by law in their legal capacity. The legal capacity of a citizen arises at the moment of his birth and ceases with his death. According to Art. 18 of the Civil Code of the Russian Federation, the content of legal capacity includes the right to engage in entrepreneurial and any other activities not prohibited by law, create legal entities independently or jointly with other citizens and legal entities, make any transactions that do not contradict the law and participate in obligations, etc. Naturally, juvenile citizens can to exercise their rights only through legal representatives (parents, guardians). from 18 years old.

Among other federal laws on the regulation of entrepreneurial activity should include the Law of the Russian Federation "On state regulation foreign trade activities"(1995). In particular, in accordance with this Law, all Russian persons have the right to carry out foreign trade activities, "with the exception of cases provided for by the legislation of the Russian Federation." Foreign persons carry out similar activities in compliance with the legislation of Russia. The law establishes the procedure for the import and export of goods , restrictions on exports and imports, issuance of licenses, etc.

Antimonopoly regulation of entrepreneurial activity is carried out in accordance with the Law “On Competition and Restriction of Monopoly Activities in Commodity Markets” (1991). It is expressed in the fact that the state limits monopolization and unfair competition. Unfair competition refers to the conduct of competition by dishonest and illegal methods.

Abuses related to market dominance and infringement ethical rules competition are detrimental to citizens and society as a whole. Lack of competition delays economic and technological progress, suppresses the activity of small and medium-sized businesses, reduces the quality of goods, maintains high prices, and infringes on the right of many people to free economic activity. Unfair competition affects the interests of citizens and the economy, which manifests itself in the conclusion of agreements on prices (to maintain high prices), the division of markets, the elimination of other entrepreneurs from the market. The interests of consumers are infringed when they are misled as to the manufacturer, purpose, method and place of manufacture, quality and other properties of the goods of another entrepreneur, by incorrect comparison of goods in advertising and other information, copying of external design or use trademark someone else's goods and in other ways.

It is also prohibited for an entrepreneur to disseminate false, inaccurate or distorted information that could cause losses to another entrepreneur, to withdraw goods from circulation in order to create or maintain a shortage in the market or to increase prices, to impose on a counterparty the terms of an agreement that are unfavorable for him or not related to the subject of the agreement, and a number of other actions.

The law establishes that recognition of a position as dominant (i.e. monopoly) is possible if the share of goods on the market exceeds 35% and it is possible to restrict competition. Restriction of competition is prohibited not only for individual entrepreneurs, but also for executive power. A means of combating monopolization and unfair competition can be an appeal to the antimonopoly authorities, which have the right to issue orders to stop illegal actions, and in case of failure to comply with the orders, to impose a fine. In case of causing damages from such actions, you can apply to the court (as general jurisdiction, and arbitration).

To implement the provisions of this Law, the State Antimonopoly Committee of the Russian Federation, which has territorial departments, was created. The activity of these bodies is of a quasi-judicial nature, since they decide on measures of influence in procedural forms, i.e. with the provision of certain guarantees to the parties, observance of their rights and legitimate interests. However, any decisions of these bodies can be appealed to the court.

The antimonopoly legislation does not affect the scope of the so-called natural monopolies, i.e. monopolies that produce goods for which market demand is met this product more efficient in the absence of competition due to technological features production and which have a steady demand due to the impossibility of their complete replacement with other goods. This is the transportation of oil and gas through pipelines, rail transportation, services of transport terminals and ports, services of electric and postal communication. The federal law of August 17, 1995 provides for the regulation of the activities of these natural monopolies through special federal authorities executive power.

The state also provides support to the so-called small business (with up to 100 people employed at the enterprise), as adopted the federal law dated June 14, 1995. The law provides for the creation of favorable conditions in the financial field and taxation, support foreign economic activity small enterprises, etc. The state is called upon to implement special programs and create funds to support small businesses.

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CHAPTER 1. LEGAL REGULATION OF BUSINESS ACTIVITIES IN THE SPHERE OF PRODUCTION OF GOODS

1. GENERAL PROVISIONS ON THE ORGANIZATION AND IMPLEMENTATION OF ENTREPRENEURSHIP IN INDUSTRY
2. INDUSTRIAL PRODUCTION PLANNING
3. LEGAL FORMS OF SALE OF GOODS

1. GENERAL PROVISIONS ON THE ORGANIZATION AND IMPLEMENTATION OF ENTREPRENEURSHIP IN INDUSTRY

In accordance with the current legislation, the process of production and economic activity is an independent entrepreneurial activity carried out at your own peril and risk, aimed at systematic profit from the use of property (Article 2 of the Civil Code of the Russian Federation). The regulation of relations between participants in entrepreneurial activity is based on the inviolability and equality of rights to protect all forms of ownership, equality before the law and among themselves of all organizational and legal forms of entrepreneurship, and on limiting state interference in the economic activities of entrepreneurs.
At the same time, despite the broad autonomy and independence from each other and from state authorities and local self-government, the state cannot leave the national economy without regulating entrepreneurship. The need for state regulation is explained, first of all, by the fact that in the process of managing, carrying out entrepreneurial activities, the interests of entrepreneurs, commodity producers, the state and society intersect, as well as labor collectives, workers, consumers. At the same time, optimal decisions must be made that ensure the interests of all participants in the process of production and economic activity. However, private property, which is predominant in a market economy, the equality of participants in civil turnover declared by law and other institutions of a market economy require the establishment of limits for the reasonable intervention of legal regulators in entrepreneurial activity. At the same time, it is necessary to create conditions of interest in entrepreneurial interest, provided by progressive taxes that do not suppress, but activate entrepreneurial activity. On the other hand, the state must establish reasonable requirements for the rules of environmental management, sanitation, standardization, pricing, ensuring the interests of society.
Issues of state regulation of entrepreneurial activity as a whole are considered in the first book. Now we have to consider the features of the legal regulation of industry, economic activity for the production of goods.
Industry is the leading sector of the economy of our country. In pre-reform Russia and at present, the legal regulation of production and economic activities is given the main place in the legislation: in the absence of a general legislative act many economic and legal acts in the Soviet state were developed in relation to the requirements of industrial management, and then they were extended to other sectors of the national economy. In Russia with a new economic system legislator in the Civil Code regulating business relations, the largest number norms dedicated to the regulation of obligations arising in the production and economic activities. Directly or indirectly, chapters 4,5,30, 34 of the Civil Code of the Russian Federation are devoted to this industry. It is in this codified law that the most important principles of legal regulation of the activities of organizations and enterprises are fixed: from determining their legal status and economic competence to the procedure for implementing this competence, that is, the implementation of specific production and economic activities. Economic activity for the production of goods in any country is the defining branch of the national economy. And it is impossible to justify the authors who forget about this originally original industry, which allows the existence of both trade, stock exchange, and banking, and construction, and transport, etc. Indeed, in order to trade, engage in trade, as a trade, one must have an object of trade, a commodity. Yes, the product can be purchased from another merchant, but it must be produced, even if it is outside the economy of this country. It is possible to manufacture goods only in the bowels of entrepreneurial structures, at industrial enterprises.
AT explanatory dictionary V. Dahl we find such an explanation of “industry”. I trade, to provide - to get bread and everything you need, to do something as a means of life. Industry - all occupations that provide means of life, wealth. G.F. Shershenevich pointed out: “Under the trade should be understood the activity aimed at acquiring material resources through constant occupation.” The enterprise is the main, primary link in the economic mechanism. It independently and freely plans its activities, determines the prospects for development, based on the demand for products, competition, ensuring production and social development enterprise, meeting the interests of owners and income of employees.
In a market economy, there is no need to maintain a huge administrative apparatus. Instead of numerous industrial ministries of the Soviet state in Russia, only one has been created and is functioning - the Ministry of Industry. Realizing its functions, it contacts directly with industrial enterprises, according to a two-tier system, without intermediate instances. Civil law does not prohibit enterprises from joining unions, holdings, etc. However, such associations are created on a voluntary basis and not to manage, but to coordinate their entrepreneurial activities, to represent and protect common property interests (Article 121 of the Civil Code of the Russian Federation).

In the conditions of the free market of goods, works and services being formed in Russia, the sphere of entrepreneurial activity is expanding. Entrepreneurial activity is understood as an independent activity carried out at one's own risk, aimed at the systematic receipt of profit from the use of property, the sale of goods, the performance of work or the provision of services by citizens and legal entities registered as entrepreneurs in the prescribed manner.

This definition reflects six features of entrepreneurial activity:

Her independent character;

Implementation at your own risk, i.e. under the sole responsibility of entrepreneurs;

The purpose of the activity is to make a profit;

Sources of profit - use of property, sale of goods, performance of work or provision of services;

The systematic nature of making a profit;

The fact of state registration of business participants.1

The absence of any of the first five signs means that the activity is not entrepreneurial. To qualify an activity as entrepreneurial, a sixth (formal) feature is also needed. However, in some cases, the activity can be recognized as entrepreneurial even in the absence of formal registration of the entrepreneur. A citizen who carries out entrepreneurial activities without registering as an individual entrepreneur is not entitled to refer, in relation to transactions concluded by him at the same time, to the fact that he is not an entrepreneur.

Knowledge of all legal, i.e., based on the formula of the law, signs of entrepreneurial activity is also necessary in the presence of state registration of an entrepreneur, since it can be carried out in violation of the law. In some cases, persons who are unable to independently carry out such activities (incapacitated), bear independent property liability or do not have the goal of systematic profit making are registered as entrepreneurs. In such cases, the registration may be declared invalid by the court, and if the violations of the law committed during the creation of a legal entity are irreparable, it may be liquidated.

1.2 Legal regulation of entrepreneurial activity

It is necessary to distinguish between entrepreneurial activity and the activity of entrepreneurs. Entrepreneurs not only conclude contracts, are responsible for their violation, but also attract employees, pay taxes, customs duties, bear administrative and even criminal liability for committing illegal acts. The activity of entrepreneurs cannot be either a privilege or a burden of any one branch of law, as well as some kind of complex “business code”. It is regulated and protected by the norms of all branches of law - both private (civil, labor, etc.) and public (administrative, financial, etc.).

Diversified norms on the activities of entrepreneurs provide, for example, federal laws of June 14, 1995 No. 88-F3 "On state support for small businesses in the Russian Federation" and of December 29, 1995 No. 222-F3 "On a simplified system of taxation, accounting and reporting for small businesses”, as well as Decree of the President of the Russian Federation of April 4, 1996 No. 491 “On priority measures of state support for small businesses in the Russian Federation”. In particular, they provide:

The procedure for issuing a patent for the right to apply a simplified system of taxation, accounting and reporting of individual entrepreneurs and legal entities - small businesses;

Benefits for granting loans to them;

Reservation for them of a certain share of orders for the production and supply of certain types of goods and services.2

However, this does not mean that all branches of law equally regulate the entrepreneurial activity itself. Since the content of entrepreneurial activity primarily and mainly consists of property relations of legally equal subjects, that is, what is regulated by civil law, we can talk about civil law regulation of entrepreneurial activity on the basis of the civil code and other civil legislation. This, of course, requires the assimilation of the main provisions of civil law and taking into account, on this basis, the features of civil law regulation of business relations as a type of civil law relations.

Entrepreneurial law reflects the main aspects of civil law regulation of both entrepreneurial activity and the activities of entrepreneurs.

    Classification and system of economic contracts under the legislation of Ukraine. General principles and conditions for the implementation of business contracts. Contractual and procedural actions of business entities regarding the terms of the contract, technical and legal procedures.

    The meaning and main components of the contract. State power is the guarantor of the legality of transactions and the fulfillment of mutual obligations of economic entities. Definition of the rights, duties and responsibilities of the parties. Conclusion, modification and termination of the contract.

    Conditions of a civil law contract and the procedure for their coordination. The conclusion of the contract. The concept and essence of the contract. Basic provisions on the conclusion of the contract. The main stages of the conclusion of the contract. Amendment and termination of a civil law contract.

    The concept, essence and types of the contract in civil law Russian Federation, their place and position in the legal system of the country, as well as the features and procedure for concluding, changing and terminating. Analysis of legislation in the field of registration of civil law contracts.

    Civil law means of protecting the property rights of citizens and organizations. A contract is an agreement between two or more persons. Basic and preliminary contracts. Contracts in favor of their participants and contracts in favor of third parties.

    A number of distinctive features of the supply contract, its general provisions. Description of the obligations of the parties in terms of legal regulations Civil Code of the Russian Federation. Supply for state or municipal needs. The concept and essence of contracting, power supply contracts.

    A contract is an agreement between two people to establish, change or terminate civil rights and obligations. Distinguish between essential, ordinary and random terms of the contract. Type of contracts: public contract, accession contract, and contract in favor of a third party.

    The contract of sale as one of the most common types of contract in economic circulation. Essence and main types of sales contracts. The procedure for establishing the quality and price of goods. Basic requirements for the form of a contract of sale.

    The concept of a contract in entrepreneurial activity, its types and rules for concluding, mandatory details and meaning. Legal Forms product sales. Legal ways to ensure the fulfillment of obligations. Responsibility for violation of obligations.

    The essence of business law, which is a set of legal norms governing relations and others closely related to them, including non-commercial relations. System business contracts and the legal basis for its conclusion.

    The history of the development and emergence of a contractual obligation under the legislation of the Russian Federation. Types of civil law contracts in civil law: preliminary and public contract, accession contract. The procedure for concluding, terminating and amending contracts.

    In Art. 41 of the Economic Procedural Code of the Republic of Belarus contains an indication of the criteria for the jurisdiction of cases to the economic court. The Economic Court resolves economic disputes arising from civil and other legal relations.

    The concept and functions of a business contract in the Republic of Belarus. Freedom of contract as its main content. System of economic contracts. The structure of contractual relations in economic relations. Methods and procedure for concluding a business contract.

    Legislation of the Russian Federation regulating activities joint-stock company, founding documents and staffing. The content of the documents endorsed by the legal adviser in terms of their legality and legal significance. Organization of contractual work of the bank.

    The concept and features of a business contract. Its system and functions. The content of the business contract. The contract is one of the most ancient legal constructions. The main directions of the influence of a civil law contract on the relations regulated by it.

    In civil law, a contract is a bilateral transaction that gives rise to a legal relationship of obligations. The Agreement is valid from the moment of entry into force and for the future. The proposal to conclude a contract is called an offer, and the consent to the conclusion is an acceptance.

    Signs of the contract: type of transaction, establishment, change, termination of rights and obligations, agreement of two or more parties. Civil law contract as the basis for the emergence of obligations. Types of contract, its conclusion, amendment and termination.

    The subject and method of business law, its basic principles and sources. Classification of subjects of business law: legal entities and individual entrepreneurs. The concept of commercial and non-profit organization and their activities.

    Definition of a contract as a means of individual legal regulation of property and non-property relations. Classification of types of agreements and the principle of equality of its parties. The right to freedom of contract and the imposition of responsibility for its violation.

    The principle of freedom to conclude a contract and its significance. dispositivity of the norms of civil legislation. Characteristics of the stages of the conclusion of the contract. An offer recognized as an offer. The procedure for concluding an agreement in without fail and at auction.