Legal entities and juridical persons: confusion of concepts and comparative law

The article is dedicated to the review of legal issues of corruption combating using a comparative method. The author notes the importance of such research for discharge of international obligations in the said sphere arising out of agreements entered into by the Russian Federation; the development of international cooperation in corruption combating; study of the most efficient anti-corruption solutions in place in other countries as to their possible use in the national laws. The publication reviews the issues of definition of such concepts as corruption, fight against corruption, corruption combating, criminal liability of legal entities for corruption-related offenses in various countries. Attention is focused on a comparison of the Russian and Chinese anti-corruption laws. The criminal, administrative, civil, disciplinary, economic and party types of the liability for corruption are singled out.

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Term and Legal Position of an Individual Enterpreneur in Republic of Serbia

10.20944/preprints201703.0143.v1 ◽

2017 ◽

Author(s):

Velisav Markovic ◽

Kosana Vicentijevic ◽

Zoran Petrovic

Keyword(s):

Comparative Law ◽

Agricultural Activity ◽

Legal Regulations ◽

Economic Profession ◽

Legal Term ◽

Collective Entrepreneurship ◽

Legal Position ◽

The Individual ◽

Court Practice ◽

Legal Entities

An entrepreneur is a business-able physical person who performs activities to gain the profit and who is registered according to law. Starting from the national and theoretical and legal solutions and court practice from comparative law, the authors analyze the concept and the legal position of an individual entrepreneur noticing the problems and inconsistencies in legal regulations. The authors of the work make a few conclusions and suggestions: 1) terminology is not coordinated with legal terminology from comparative law. In our law, the legal term is “entrepreneur”, which is a too wide and unspecified term because in economic profession this term represents the genus term for individual and collective entrepreneurship; 2) analyze all forbidden activities for entrepreneurs, judge the reasons pro et contra and work on eliminating prohibitions and favouring legal entities; 3) set by law the bankruptcy of an individual entrepreneur i.e. the individual bankruptcy of a physical person; 4) work on passing a separate legislation in the field of the individual entrepreneurship, especially on passing and changing the laws which would regulate handicrafts (including old crafts and jobs of home industry), free professions as well as agricultural activity.

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