scholarly journals Self-employment as a form of entrepreneurship

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 491-498
Author(s):  
Anna Leonidovna Krivova ◽  
Elena Nemtchinova ◽  
Natalia Nicolaevna Grigor ◽  
Vladimir Aleksandrovich Mushrub ◽  
Vladimir Aleksandrovich Biryukov
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Entrepreneurial Activity ◽  
Unified Approach ◽  
Self Employment ◽  
Legal Nature ◽  
The Russian Federation ◽  
Definition Of ◽  
Taxation System ◽  
To Receive

Nowadays, the state takes a close interest in the activities of self-employed citizens to receive additional revenues to the budget from tax revenues. The objective of this article is to assess the legitimacy of categorizing the self-employed as entrepreneurs, both in theory and law. An analysis of the legal nature of self-employment is undertaken. It is shown that the lack of clear qualification of this type of economic activity generates legal conflicts and problems of law enforcement. It is noted that the international practice has not developed a unified approach to the definition of "self-employment". The criteria, legal mechanisms of legitimation, and taxation system of the mentioned category of economic entities differ essentially. The article points out the position that the Russian legislation does not always justify referring the activity of self-employed citizens to a type of entrepreneurship. In several cases, the activity of self-employed people lacks the meaningful attributes of entrepreneurial activity established by the Civil Code of the Russian Federation.

scholarly journals The Concept of Economic Activity in Contemporary Law of Russia

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 61-67
Author(s):  
I. I. Shuvalov
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Civil Law ◽  
Third Parties ◽  
Spiritual Needs ◽  
Economic Basis ◽  
Production Distribution ◽  
The Russian Federation ◽  
Russian Law ◽  
Definition Of

The paper is devoted to the study of the category “economic activity” used in modern Russian law. Theauthor notes that, despite the absence of a legal definition of this category, it is used in the current legislation of the Russian Federation (civil, criminal, administrative and other branches of legislation, including legislation regulating procedural issues). The legislative gap under consideration creates problems in law enforcement, which the judiciary draws attention to: the lack of definition of the concept under review makes it difficult to establish jurisdiction, since any activity of the participants of relations regulated under civil law has an economic basis. However, a number of documents contain a description of economic activity. In the doctrine, the category “economic activity” is mainly investigated by academic economists, lawyers pay little attention to the consideration of this concept. The few legal doctrinal statements and attempts made by the judiciary to define it are insufficient to fully understand economic activity in the context of law. The paper analyzes doctrinal and judicial approaches to the content and characteristics of economic activity, attempts to define the concept under consideration. The author considers that the concept "economic activity" refers to the commission of legal actions by the actors at various levels of management aimed at production, distribution, exchange and consumption of goods through the use of their or attracted skills and assets to meet their (or third parties) material and spiritual needs. At the same time, the characteristic of professionalism used in the doctrine should be used to differentiate economic activity carried out in active and passive forms. 

scholarly journals Types of easements and peculiarities of their implementation in the Russian and Vietnamese Law

2021 ◽  
pp. 43-60
Author(s):  
Thi Hoan Nguyen
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Legal Analysis ◽  
Unified Approach ◽  
Real Right ◽  
Legal Nature ◽  
The Subject ◽  
The Russian Federation

The relevance of this article is substantiated by the absence of unified approach toward comprehension of the legal nature of public easement. Insufficient regulation of easement relations in civil legislation of the Russian Federation (easement is mentioned in just four articles of the Civil Code of the Russian Federation) entails the problems in law enforcement practice. One of such problems is the absence of universal classification of easements that would ensure unity of the mechanism for regulating easement relations, which affords grounds for amending the current Russian legislation. The attempt to systematize easements suggested by the real right reform is polemical and yet to be approved. The subject of this research on the basis of comparative legal analysis is the provisions of the types of easements and peculiarities of the implementation in the Russian and Vietnamese law. The novelty lies in carrying out a comprehensive comparative legal analysis of the types of easements in the Russian and Vietnamese law. The conclusion is made on the gap in the mechanism of regulation of easement relations in the Russian legislation. The need is substantiated for the systemic construction of easement norms in the Civil Code of the Russian Federation. The author makes recommendations for the improvement of the provisions on easement in the reform, and outlines the vector of development of this institution in the current legislation of Vietnam. The theoretical and practical value of this work gives an in-depth perspective on the civil law of the Russian Federation and Vietnam.

scholarly journals Obtaining Samples for a Comparative Study: Theoretical, Normative and Law Enforcement Problems

2021 ◽  
pp. 17-29
Author(s):  
Elena Zaitseva
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Procedure Code ◽  
Legal Nature ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article analyzes the debatable aspects of the normative regulation of obtaining samples for a comparative study according to the current Criminal Procedure Code of the Russian Federation. Attention is paid to the key problems in the regulation of this action, and to the difficulties that law enforcement employees face due to them. The author examines the questions of defining the legal nature of obtaining samples for a comparative study, and the possibility of using the operative search potential instead of the procedural method to obtain comparative samples. While analyzing the problems of setting the limits of compulsion for this action, the author stresses the incorrectness of some wording in the law (Art. 202 of the Criminal Procedure Code of the Russian Federation). In the light of ensuring the right of criminally prosecuted persons to defense, the author also presents a critical assessment of the legal positions of the Constitutional Court of the Russian Federation reflected in the Definition of July 23, 2020 № 1856-0, in the part where obtaining samples for a comparative study is recognized as an action of urgent nature.

The Mechanism Of Implementation Of The Constitution Of The Russian Federation

2019 ◽  
pp. 36-51
Author(s):  
Anatolii Yugov ◽  
Sergey Belykh
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Cultural Development ◽  
Russian Society ◽  
Legal Nature ◽  
Legal Document ◽  
The Russian Federation ◽  
Favorable Conditions ◽  
Scientific Ideas ◽  
Rational Mechanism

The Constitution, as the main universal and comprehensive legal document, establishes fundamental principles and defines the legal basis for development of public and state life in all politically significant spheres, serves as a guarantor of legitimacy and order, gives a boost to the development of society. The special political and legal nature of the constitution, the issues of its operation and the mechanism of its implementation are of great importance. In accordance to the authors’ approach, the mechanism of implementation of the Constitution of the Russian Federation includes the following components: 1) entry of the constitution into legal force; 2) its functions; 3) constitutional algorithm of unity and differentiation of public authority; 4) forms of implementation; 5) ways of implementation; 6) subjects of implementation; 7) objects of implementation; 8) institutions for modernization; 9) guarantees of implementation. The authors conclude that the modern scientific ideas of a rational mechanism of implementation of the Constitution of the Russian Federation contribute to solving the issues of economic and cultural development of the Russian society, help creating favorable conditions for proper law enforcement, strengthening legitimacy and order.

Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Lowering the scale of “shadow” economy: regional aspects (on the example of the Republic of Dagestan)

2021 ◽  
pp. 47-69
Author(s):  
Mazika Musabekovna Imanshapieva
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Economic Security ◽  
Entrepreneurial Activity ◽  
North Caucasus ◽  
Economic Sectors ◽  
Current Context ◽  
The Russian Federation ◽  
The Republic ◽  
Medium Businesses

The goal of this research is to outline e the vectors for reducing the scale of “shadow” economy, improving control over legalization of the income of small and medium businesses in the constituent entities of the Russian Federation, and determining tax potential of the regions in separate sectors economic sectors in the current context. The subject of this research is the role and place of legalization of shadow business as the factor of stimulating the economic activity of the regions. The article examines various approaches of the experts towards the concept of “shadow” economy in the modern conditions. Analysis is carried out on the peculiarities of development of “shadow” economy in certain economic sectors (such as construction, wholesale and retail, alcohol production, etc.) in Russian regions (using the example of the Republic of Dagestan). Comparative study is conducted on various indicators in the constituent entities of North Caucasus Federal District and the Russian Federation. Special attention is given to the measures aimed at reduction of the scale of “shadow” economy and improving control over legalization of the income of entrepreneurial activity with regards to increasing tax revenues from small and medium businesses and determining tax potential of the regions. Recommendations are made for reducing the scale of the “shadow” economic sectors, increasing tax revenue from small and medium businesses, determining tax potential of the region in separate economic sectors, stimulating economic activity of small business within the limits of economic security. Based on the acquired results, the author makes  suggestions on legalization of the “shadow sector” in separate branches of the economy, as well as improvement of the effectiveness of measures of interdepartmental cooperation of tax, law enforcement and registering bodies aimed at determination of tax potential of the regions in the current context.

ON THE QUESTION OF THE CONCEPT OF ENTREPRENEURIAL ACTIVITY AND ITS RELATION TO OTHER TYPES OF ECONOMIC ACTIVITY

2021 ◽  
Author(s):  
Татьяна Александровна Скворцова ◽  
Владислав Андреевич Сорокин
Keyword(s):  
Economic Activity ◽  
Entrepreneurial Activity ◽  
Legal Definition ◽  
The Subject ◽  
Definition Of

Предметом данной статьи является анализ понятия предпринимательской деятельности и определение соотношения предпринимательской деятельности с иными видами экономической деятельности. Исследована легальная дефиниция «предпринимательская деятельность» и определены признаки, отграничивающие данный вид деятельности от других разновидностей экономической активности. The subject of this article is the analysis of the concept of entrepreneurial activity and the determination of the ratio of entrepreneurial activity with other types of economic activity. The legal definition of "entrepreneurial activity" is studied and the features that distinguish this type of activity from other types of economic activity are determined.

Overcoming of Corruptogenic Factors of Criminal Legislation: Concept and Main Methods

10.12737/5503 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 68-75
Author(s):  
Сергей Иванов ◽  
Sergey Ivanov
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Positive Role ◽  
Legal Nature ◽  
Rational Explanation ◽  
Definition Of ◽  
Criminal Matters ◽  
Criminal Legislation

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

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.

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