scholarly journals ENTREPRENEURIAL ACTIVITY OF INDIVIDUALS AND LEGAL ENTITIES IN THE RUSSIAN FEDERATION

2018 ◽  
Vol 6 ◽  
pp. 448-453
Author(s):  
Tatyana Skvortsova ◽  
Аnna Nikitina ◽  
Mustafa Ansari ◽  
Margarita Tertyshnikova
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Non Profit ◽  
The Russian Federation ◽  
Income Generating Activities ◽  
Non Profit Organizations ◽  
Business Entities ◽  
Entrepreneurial Activities ◽  
Legal Entities

Entrepreneurial activity is pursued by large, medium and small business entities which can be introduced by individuals – individual entrepreneurs and legal entities – commercial and non-profit organizations. The entrepreneurial activity of these entities is regulated by the rules of law which may cause problems in law enforcement resulting in the improvement of legal regulation. The article provides a review of some legal regulation issues of entrepreneurial activities of non-profit organizations, the analysis of peculiarities of economic activity exercised by these organizations and covers the problems of differentiation between entrepreneurial and non-entrepreneurial activities that individuals are engaged in. The authors analyze the problem of relations between the concepts of "entrepreneurial activity" and "income-generating activities" which requires a solution by means of elaborating a strategy for existing legislation improvement to prevent situations that violate the rights and legal interests of entities in the sphere of entrepreneurial activity.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals On the entrepreneurial legal capacity of public legal entities in Russia

2020 ◽  
Vol 65 (4) ◽  
pp. 493-499
Author(s):  
I. I. Shuvalov
Keyword(s):  
Functional Form ◽  
The State ◽  
Entrepreneurial Activity ◽  
Legal Capacity ◽  
Public Interests ◽  
Property Owners ◽  
The Subject ◽  
The Russian Federation ◽  
Business Entities ◽  
Legal Entities

This article is devoted to one of debatable issues– the possibility of classifying theRussian Federation, the subject of theRussian Federationand the municipality as subjects of entrepreneurial activity. Consideration of doctrinal positions, as well as the study of new forms of business activity allowed the author to draw the following conclusions. Actions performed by any public legal entity are solely aimed at ensuring public interests, which at first glance indicates that it is impossible to classify public legal entities as business entities. At the same time, the new forms of economic cooperation of the state, its subjects and municipalities with entrepreneurs that have appeared recently indicate that public formations can be a party to an entrepreneurial agreement. Such agreements are concluded by authorized bodies of public legal entities that represent public entities as property owners. Taking into account the nature of public legal education (this is a territorial structural and functional form of organization of a territorial public collective), the article concludes that the Russian Federation, its subjects and municipalities cannot directly carry out business activities, they carry out it indirectly through authorized bodies, and therefore, the state, its subjects and municipalities are indirect participants in business activities.

Non-Profit Organizations in the Economy: Problems of Legal Regulation

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Елена Абросимова ◽  
Elena Abrosimova
Keyword(s):  
Economic Development ◽  
Nonprofit Organizations ◽  
Legal Regulation ◽  
Federal Law ◽  
Non Profit ◽  
Social Mission ◽  
Modern Period ◽  
History Of ◽  
Non Profit Organizations ◽  
Legal Entities

The modern history of the development of the legislation on non-profit organizations (NPO) has several historical stages from 1992—1996 when Russia recognized the fact of existence of this kind of legal entities. Active work on the formation of NPO legislation led to the delineation of legal entities for commercial and non-commercial and to adoption of Federal Law “On Non-Profit Organizations”. During the modern period of development of the legislation it is possible to declare confidently the need to create comprehensive concept of participation of legal entities established as an NPO in the realization of the economic potential of the country. The article deals with the legal regulation of nonprofit organizations involved in economic development in Russia. Taking into account the changing economic conditions periodization of work on the legislation on non-profit organizations is considered. In the article the role and importance of NPOs in Russia´s economic development are highlighted and the need to improve the legal regulation of these organizations, including the development of specific legislation on associations and unions is indicated. The necessity to recognize the Federal Law “On Non-Profit Organizations” invalid as fulfilled its social mission is proven.

scholarly journals Legal means of antimonopoly regulation of entrepreneurial activity. Responsibility for violation of antitrust laws.

2020 ◽  
Vol 8 (3) ◽  
pp. 41-45
Author(s):  
Vladislav Belyay
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Dominant Position ◽  
Antitrust Laws ◽  
The Russian Federation ◽  
Administrative Responsibility

The aim of this legal research is to analyze the legal means of antimonopoly regulation of entrepreneurial activity. In the course of the study, it was possible to find a number of problems in the use of legal means of antimonopoly regulation of entrepreneurial activity, as well as in the area of bringing to administrative responsibility for violation of antimonopoly legislation. To solve the above problems, the author suggests: 1. For a more effective fight against the abuse of a dominant position, it is necessary to apply tools of risk-oriented control 2. Create a mechanism for coordinating the actions of law enforcement agencies and antimonopoly authorities to identify the most dangerous offenses in the field of antimonopoly regulation. 3. Create a separate procedure for legal regulation of bringing to administrative responsibility for violation of antimonopoly legislation, separating these norms from the Code of Administrative Offenses of the Russian Federation into the current law on the protection of competition.

scholarly journals The Legal Nature of Business Contracts and Obligations Related to the Implementation of Business Activities

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 29-39
Author(s):  
A. N. Levushkin ◽  
S. V. Alborov
Keyword(s):  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Special Role ◽  
Competition State ◽  
Legal Nature ◽  
Business Contract ◽  
Special Rules ◽  
Business Entities ◽  
Entrepreneurial Activities ◽  
Market Relations

The paper investigates the legal nature, essence and significance of the business contract, its role in the implementation of entrepreneurial activity. At the present stage of the development of the society and law and order, the vast majority of legal relations in countries with developed or rapidly developing market relations arise and develop on the basis of various business contracts. The business activity carried out by entrepreneurs, is, as a rule, organized on a contractual basis. As you know, the contract is a universal legal instrument that allows detailed settlement of specific relationships and relations between business entities. At the same time, the freedom of such regulation is limited by the imperative prescriptions of the rules of law and the expression of the will of the parties to the contract. That is, the contract plays a special role in the implementation of entrepreneurial activity, as it is one of the important instruments of individual legal regulation of entrepreneurial relations.The authors note that the current legislation does not provide for any legal definition of the "business contract". On the contrary, the law-makers apply the concept of "obligations associated with the implementation of entrepreneurial activities", which, although not identical to an entrepreneurial agreement, allows us to assert that domestic legislation sets forth factual prerequisites to the legal regulation of the business contract. In conclusion, the authors attempt to define the business contract and determine its distinctive features.The authors summarize that modern market relations, development of entrepreneurship are based on the principles of increasing the level of competition, state dispositive regulation, and equality of participants. Guided by such important principles, individuals carry out business activities where the rules of civil legislation play a significant role (as general regulations) and special rules established in certain regulatory legal acts of the Russian Federation governing contractual business relations.

scholarly journals The Concept of Freedom of Enterprise Through the Prism of Criminal Law Characteristics of Fraud

2019 ◽  
Vol 13 (2) ◽  
pp. 291-299
Author(s):  
Yekaterina Yakimova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Negative Results ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Law ◽  
Entrepreneurial Activities

The research of issues connected with the analysis of business risks is relevant because of the problem of qualifying the actions of entrepreneurs under the fraud-related Articles of the Criminal Code of the Russian Federation. Besides, the development of technologies increases the number of frauds in the digital environment, which makes it necessary to determine key features of fraudulent actions connected with the changes in the economic organization of the society connected with the digital transformation of some branches of the world economy in general and Russian economy in particular, of the social sphere, and of the specifics of public administration of some areas of life. The responsiveness of lawmakers manifested in amending a group of Articles in the Criminal Code of the Russian Federation regarding the legal characteristics of fraud, shows that there are some problems in the legislative regulation of this sphere. The author believes that they are caused by an attempt to assess the degree of freedom of enterprise and the degree of involvement of each side of legal relations in the risk of investment. The analysis of legislation, the law enforcement practice, statistical data give reason to believe that most of the problems of legislative understanding of fraud in entrepreneurship are not connected with contradictions in the legal regulation, but rather with the drawbacks of the law enforcement practice, the prevalence of repressive methodology in classifying the actions of entrepreneurs and the inner conviction of the law enforcement employees that entrepreneurs intentionally strive to obtain negative results in any, and primarily entrepreneurial, activities. The author argues that further improvement of the Criminal Code of the Russian Federation will not yield any tangible results, which testifies to a considerable transformation of the fraud-related Articles in the last 15 years. Changes in the practice of enforcement of the criminal law’s articles regarding fraud are only possible after the principles of such work are worked out by the Supreme Court of the Russian Federation, who at present pays much attention to this issue, although some clauses of the Plenary Session of the Supreme Court of the Russian Federation require further analysis and improvement.

scholarly journals The Mechanism of Recognition and Withdrawal of Unregistered Medical Devices from Circulation

2021 ◽  
Vol 16 (7) ◽  
pp. 52-65
Author(s):  
A. G. Bondarenko ◽  
A. A. Chimbireva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Devices ◽  
Legal Regulation ◽  
Judicial Control ◽  
Response Measures ◽  
The Russian Federation ◽  
Business Entities ◽  
Mechanism Of Recognition ◽  
Legal Consequences

The paper is devoted to the study of issues related to the powers of Roszdravnadzor to identify unregistered medical devices in circulation and to take response measures to limit their further sale and use by business entities. The authors analyze the features of the implementation of these powers of Roszdravnadzor and the problems arising in law enforcement practice. An analysis of the current Russian legislation leads the authors of the article to the conclusion that the legal regulation of the powers of Roszdravnadzor to recognize the products as unregistered and to make administrative decisions to restrict their circulation on the territory of the Russian Federation is insufficient and contradictory. The lack of proper legal regulation in this area entails negative legal consequences for participants in civil turnover. On the basis of the study, the authors formulates specific proposals for improving the legal regulation of the recognition and withdrawal from circulation of unregistered medical devices using mechanisms of preliminary and subsequent administrative (extrajudicial) and judicial control.

scholarly journals MEDIATION IN BUSINESS: PROBLEMS OF EFFECTIVE LAW ENFORCEMENT

2020 ◽  
pp. 138-145
Author(s):  
A. N. Levushkin
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Business Activity ◽  
Alternative Procedure ◽  
Business Law ◽  
Russian Economy ◽  
The Russian Federation ◽  
Business Entities

The Wide application of mediation in the sphere of business activity is aimed at creating and implementing an effective model for resolving economic disputes. An important aspect in this area is the possibility of using effective non-judicial (so-called alternative) tools provided for by the legislation of the Russian Federation. It seems that mediation will become very widespread in the settlement of business disputes during the crisis processes in the Russian economy and socio-medical sphere. The article analyzes some of the features of legal regulation and the possibility of using mediation in business, identifies current problems of the theory and practice of application. It is argued that the potential of mediation in resolving disputes in the field of business is quite large, but there are a number of problems that prevent the wider dissemination of this procedure. Today, business entities rarely make their own decisions to seek mediation to resolve conflicts. The formation in Russia of mediation tools in the field of economic dispute resolution as an alternative procedure for resolving conflicts with the participation of a mediator (media tor) has undoubtedly become a progressive factor in the evolution of business law.

Trends in the Legislation of the Russian Federation in the Sphere of Regulated Procurements

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Беляева ◽  
Olga Byelyayeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Federal Law ◽  
Specific Group ◽  
Uniform Law ◽  
The Russian Federation ◽  
The Law ◽  
Legal Entities ◽  
The Way

The article contains the analysis of the Russian legislation on regulated purchases during the period starting the year 2012. It contains substantiated civil nature of purchasing relations, the circle of people whose purchasing activities are subordinated to the effects of legislation regulating the contractual system and to the Federal law “Of purchase of goods, works and services by certain types of legal entities”. The author traces the trends that are relevant to the development of legislation on purchasing practices. Specially outlined is the trend of extrapolation of the law when this law has no specific group of participants to regulate, and the tendency of creating “the purchasing code”, in other words, to eliminate differentiated legal regulation and to establish common purchase standards to be applied to the whole of contract system. The article describes the possible pending changes in the contract legislation. Also, an attempt is made to assess the effectiveness of the regulated procurements legislation which helps to identify problem areas such as distortions in the meaning of the law the way it is interpreted in by-laws, existence of legal gaps and collisions, lack of uniform law-enforcement standards.

Application of IFRS by non-profit organizations

2020 ◽  
pp. 34-44
Author(s):  
Elena Lukinova
Keyword(s):  
Public Sector ◽  
Nonprofit Organizations ◽  
Financial Reporting ◽  
Russian Federation ◽  
Legal Regulation ◽  
International Standards ◽  
Federal Law ◽  
Non Profit ◽  
The Russian Federation ◽  
Non Profit Organizations

Federal accounting standards (hereinafter — FAS) are included in the Federal law “on accounting” as part of the basic documents in the field of accounting regulation. They are mandatory and must be developed on the basis of international standards (IFRS). The FAS is approved by the Ministry of Finance of the Russian Federation, which is the authorized Federal body responsible for developing state policy and legal regulation in the field of accounting and financial reporting in the Russian Federation in accordance with the program for developing Federal standards. At the same time, there are diferent Programs for non-governmental non-profit organizations and nonprofit organizations in the public sector. The issue of transition to IFRS in accounting in the Russian Federation has been discussed for several years. However, the mass transition to IFRS of accounting entities was delayed. This article discusses the practical application of IFRS by nonprofit organizations (including public sector organizations).

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