scholarly journals Concept and features of entrepreneurial activity as an object of administrative and legal protection

2018 ◽  
Vol 82 (3) ◽  
pp. 55-64
Author(s):  
V. M. Vasyliev

The article is devoted to the study of the category “entrepreneurial activity”, its definition in legal sense, as well as clarification of the legal nature and characteristics. On the basis of a comprehensive analysis of the existing national legislation, as well as systematization of scientific views on the establishment of the content and essence of entrepreneurial activity, the authorʼs definition of this type of socially useful economic activity is formulated. Under the entrepreneurial activity it is proposed to understand the independent type of economic activity, which is carried out at its own risk and under its responsibility by the subjects of entrepreneurial activity (individuals and legal entities registered in the manner prescribed by law), which is systematic, initiative, lawful and innovative and aimed at obtaining personal income and public benefit. The main and additional features that are characteristic of entrepreneurial activity in the conditions of modern development of the state economy and financial level of life of the society are determined and described. The main features of entrepreneurial activities include: systematic, innovative, risk-taking, initiative, full property liability, focus on personal profit, legality. To the optional (additional) features of entrepreneurial activity include: high degree of adaptability to existing socio-economic, political and legal conditions in the state, focus on achieving public economic results, substantiation, directness and mediation of such activities. Generalized functions of entrepreneurial activity, through which the legal aspects of the content and features of this type of economic activity, are revealed.

2018 ◽  
Vol 71 (4) ◽  
pp. 36-42
Author(s):  
V. M. Vasyliev

The article is devoted to the study of administrative and legal means of ensuring the legality of entrepreneurial activity in Ukraine, their functional purpose in the updated conditions of modern development of the economic sphere of the state and the financial level of society’s life. In accordance with the stated scientific goal, the author analyzed the current state of administrative and legal means of state support of entrepreneurship in Ukraine; described the existing accounting and legalizing regimes as types of administrative-legal regime, which concern the official registration of individuals and legal entities, as subjects of economic activity, and the regulation of regulatory requirements for the conduct of entrepreneurial activity. The author’s vision on the content of the concept “legality (legitimacy) of entrepreneurial activity in Ukraine” is formulated, based on current trends in the development of relations in the field of entrepreneurship and the objective need for their regulation by administrative and legal norms.The further developed the provision according to which, under the lawfulness (lawfulness) of entrepreneurial activity in Ukraine, it is proposed to understand the legalization (granting of legal force) of entrepreneurial activity, carried out by the duly registered economic entities, that is, the actual receipt of the last right to engage in entrepreneurial activity in the procedure established, based on the constitutionally enshrined right of everyone to implement such a kind of economic activity, as well as general principles management, defined in аrt. 6 of the Commercial Code of Ukraine. It has been established that the lawful nature of entrepreneurial activity ensures the protection of the life, health and property of each individual member of society, environmental protection and the environment, and the economic and national security of the state.


2021 ◽  
Vol 110 ◽  
pp. 01021
Author(s):  
Sergey Yu. Morozov ◽  
Marina N. Ilyushina ◽  
Vitaly V. Izmailov ◽  
Kama K. Dzhindzholiya

Very It seems relevant to consider a framework agreement on the implementation of economic activity, business and financial activities due to two circumstances: 1) framework agreements are most widespread in the sphere of economics, since it is the persons engaged in entrepreneurial activity who most of all need long-term planning of their economic interests and the distribution of financial resources; 2) certain types of framework agreements, named in the Civil Code of the Russian Federation, are most widespread in the economy and the sphere of finance, digital technologies, that is, they are most often used in doing business. Purpose of research: the study of organizational relations developing in the field of economic activity, the definition of the problems of framework agreements both in doctrinal and legislative and law enforcement aspects in the field of economic and financial relations, as well as the development of proposals for improving legislation in this area. Methods: The methodological basis is general scientific methods of cognition of legal phenomena, such as synthesis, the method of analogy, formal logic and others, as well as private scientific research methods. problems of framework agreements applied in the field of economic activity. Results and novelty: Conclusions are formulated on the essential conditions of the framework agreement and practical recommendations are provided for the conclusion of such agreements as regulators of economic and financial activities. The place of framework agreements in the implementation of certain types of economic and entrepreneurial activities, such as banking and insurance activities, is analysed.


Author(s):  
Alla Brovdii ◽  

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.


2021 ◽  
Vol 1 (1) ◽  
pp. 26-33
Author(s):  
Abdiansyah Linge ◽  
Upi Sopiah Ahmad

Economic activities including production, distribution and consumption are one of the ways humans meet their daily needs. Economic development is inseparable from the three economic activities, development is a multidimensional process that involves fundamental changes in social structures, social behavior and institutions. So, people can participate in the economy by creating full employment opportunities, everyone has the same abilities (equal productivity, equal access), and each behaves rationally (efficient). This study examines the Islamic economic view of the concept of entrepreneurship with an empirical literature approach, to explore the concept of entrepreneurship according to the tijarah concept contained in the Qur'an. In this study it can be understood that Islam views entrepreneurial activities as part of the work recommended in Islam to meet human economic needs. Entrepreneurial activity in Islamic view uses the equivalent of the word tijarah, there are provisions in Islam regarding the limitations that can be carried out in economic activity. Entrepreneurship that is driven by natural values ​​will become an economic activity that will be calculated before Allah, because Allah actually sees and takes into account what is done, including in economic activities


2017 ◽  
Vol 6 (2) ◽  
pp. 226-230
Author(s):  
Olesya Nikolaevna Yezhova ◽  
Natalia Ivanovna Ulendeeva

The paper analyzes conditions and requirements for production activities organization at penitentiary system institutions at the present stage of social and economic relations development that imply the necessity for entrepreneurial activities organizational skills. The authors consider approaches to the definition of entrepreneurial activity organizational abilities and their own definition of this concept is given through the individual psychological characteristics of the individual that is necessary for successful productive activities organization that involves effective production resources and factors use to achieve economic goals. For effective professional competencies development in the field of production the authors propose to identify the composition and structure of cadets and students organizational abilities, including cognitive, emotional-volitional and behavioral components. They suggest organizing educational process of Economics and Fundamentals of Management in Law Enforcement students that could study nature and structure of production relations in the penal correction system, identify mechanisms, conditions and factors for convicts professional resources management. In elective classes the authors propose to introduce technology of organizational skills development in entrepreneurial activity through a practice-oriented model of training, which assumes the inter-faculty nature of education where the educational process has a continuous formative character. At the training sessions the authors propose to use integrated tasks that develop cognitive component of organizational abilities in business activity among cadets.


Author(s):  
Татьяна Александровна Скворцова ◽  
Владислав Андреевич Сорокин

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.


2020 ◽  
Author(s):  
Bernhard Klose

This book will not only be beneficial to experts in the judicial system and lawyers, but also to all those interested in addressing the questions of whether and how disputed claims can be asserted. As a consequence, the judicial system and business are uncomfortable bedfellows. Calculable commercial activity requires not only a clear legal situation, but also its predictable implementation. Guaranteeing this is one of the essential tasks of the state judicial system. This study examines the role of the judicial system in economic activity. It reveals the tense relationship between fast and appropriate legal protection, analyses the tasks of the legislative and the judicature, and seeks ways of improving them, dealing in detail with alternative ways of resolving disputes and how they rival forms of state legal protection. Finally, in line with its focus on economics, it also examines the significance of the costs of seeking justice.


2019 ◽  
Author(s):  
Arga Ade Audiya

Patent is a special right granted by the State to the inventor for the results of his invention in the field of technology, for a certain period of time implementing the invention himself or giving his approval to others to carry it out, types of patents namely patents and simple patents. Patents are exclusive rights granted by the state to inventors for the results of their inventions in the field of technology which for a certain period of time carry out their own or give approval to other parties to implement them while Simple Patents are any inventions in the form of new products or tools and practical utility the form, configuration, construction, or component can obtain legal protection in the form of a simple patent Patent Protection Period As known in Article 8 paragraph 1 of Law No. 14 of 2001 concerning Patents, the patent is granted for a period of 20 (twenty years) from the date of receipt and the period cannot be extended, whereas for a simple patent given for a period of 10 (ten years) from the date of receipt and the period cannot be extended. If the patent protection period has expired, an event will become a public domain so that other parties can freely produce and sell it. The rules regarding the validity period of the patent are intended so that no party can continuously control the entire industry so that it is feared that it can harm the community and the trading system.


Author(s):  
K. V. Trifonova

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.


Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 21-27
Author(s):  
Anna A. Kopina ◽  

The definition of entrepreneurial activity is not contained in the legislation on taxes and fees, but it is used to distinguish categories of individuals taxpayers, which affects the procedure for fulfilling tax obligations, implementing measures of state coercion, support, etc. In this regard, it seems necessary to outline the problematic aspects of the application of the definition of entrepreneurial activity in tax relations.


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