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Explain subjects and objects in commercial activities. Give a description of the subjects in accordance with international classification. Classify firms. Analyze the components of the classification in modern conditions.
Answer:
Based on the fact that the implementation of commercial operations is a management activity, it is assumed that there are entities that carry out it, and objects to which this activity is directed.
Subjects of CA- These are the parties entering into contractual relations for the sale of goods and the provision of services.
CD objects- this is what the commercial activity of the organization is aimed at (goods, services, ideas, etc.).
According to the Civil Code of the Republic of Belarus (Article 46), business entities by their legal status can be commercial and non-commercial organizations. Commercial are organizations that consider making a profit as the main goal of their activities and distribute it among the participants. non-commercial are considered organizations that do not aim to make a profit and distribute it among the participants (public, religious organizations (associations), charitable foundations etc., which are created to achieve social, environmental, charitable, cultural, educational, spiritual goals).
In accordance with the international classification, the subjects of commercial legal relations are divided into 4 groups:
1. Firm – this is a generalized name used in relation to many organizations (enterprises) engaged in commercial activities for the purpose of making a profit. F irma – the name of the commercial or industrial enterprise enjoying the rights legal entity to distinguish it from others.
2. Unions of Entrepreneurs set as the goal of their activity the representation and protection of the rights and interests of their business groups in government bodies, the provision of assistance and support in expanding their activities. They are created in the form of unions, associations, federations, etc. and can be sectoral, specific by occupation.
3. State bodies – ministries, departments that are; representatives and defenders of the interests of their enterprises.
4. Public organizations – UN, EU and others that implement various international, sectoral programs.
Firm classification:
| By legal status: 1. sole proprietorships; 2. business associations: 2.1. associations of persons: – full partnership; – limited partnership 2.2. associations of capitals: - joint-stock company; - LLC and ALC. | According to the goals of the association and the degree of independence:
|
| By nature of property: 1. private; 2. state; 3. cooperative. | By type of economic activity:
|
| By ownership of capital: 1. foreign; 2. national; 3. mixed. |
Individual entrepreneurs- physical. persons engaged in entrepreneurial activities without legal education. persons from the moment of state registration as individual entrepreneur.
Business partnerships and companies commercial organizations are recognized with a charter capital divided into shares (shares) between founders (participants). The property created at the expense of the contributions of the founders, as well as produced and acquired by them in the course of economic activity, belongs to the partnership or company on the basis of the right of ownership.
Society with limited liability – a commercial organization founded by two or more persons, the authorized capital of which is divided into shares of sizes determined by the founders. The participants of the company are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their contributions.
Additional Liability Company – a commercial organization founded by two or more persons, the authorized capital of which is divided into shares of sizes determined by the founders. The participants of the company jointly and severally bear subsidiary liability for its obligations with their property within the limits determined by the constituent documents, but not less than the amount established by the legislative acts of the Republic of Belarus. In case of economic insolvency of one of the participants, his liability for the obligations of the company is distributed among the other participants in proportion to their contributions.
Joint-Stock Company – a commercial organization whose statutory fund is divided into a certain number of shares with the same nominal value. Shareholders are not liable for its obligations and bear the risk of losses associated with its activities to the extent of the value of their shares.
Concern - this is a permanent voluntary association of enterprises engaged in joint activities based on the centralization of the functions of scientific and technological development of investment, foreign economic activity, financing, etc.
Holding - this is a permanent voluntary association of enterprises, formed when one joint-stock company acquires a controlling stake in other joint-stock companies for the purpose of financial control and obtaining income from the capital invested in shares.
Syndicate - the main form of economic association, a temporary association of enterprises for the joint marketing of products.
Trust - an association, which is a single complex, the constituent parts of which lose their legal, economic and commercial independence.
7. Commercial service: levels, functions at various levels.
List the levels of business organization and management, describe them. Name the business entities at the micro level in the trading industry, explain their functions. Analyze the functions of the Ministry of Trade and the Belkoopsoyuz, taking into account modern market standards.
Answer:
Commercial services, depending on the goals and objectives, have a different structure and functions. In the conditions of market relations, there is a departure from unified organizational structures, since there is a need for their formation, taking into account adaptation to specific goals and objectives.
Levels of CA organization and management:
1. macro level (assigned to the Council of Ministers of the Republic of Belarus);
2. mesolevel (assigned to the Ministry of Trade of the Republic of Belarus);
3. micro level (assigned to business entities).
On the macro level the task is to coordinate the actions of all participants in commercial activities, to form a mechanism for balancing their interests and a legal framework for effective work.
On the microlevel:
1. Functions of the commercial apparatus of a trade organization:
Studying the market situation, the demand of the population in the area of its activity;
Justification of the need for goods for their retail facilities;
Management of commodity resources;
Implementation of contract work;
Implementation of advanced technologies at retail facilities, their technical and material support;
Formation of demand and sales promotion;
Monitoring compliance with the legislative, regulatory framework, trade rules, consumer rights;
Ensuring cost-effective operation and competitiveness of a trade organization.
2. Functions of employees of a trading facility (shop):
Studying the demand of the population of its area of activity;
The study of commercial facilities of competitors, their advantages, disadvantages;
Justification of batches and frequency of importation;
Formation of a competitive, cost-effective assortment;
Promotion of goods of a domestic manufacturer, the formation of a positive image of these goods;
Commercial work for the sale of goods and the provision of services;
Assortment management, ensuring its renewal taking into account demand, monitoring the availability inventory, compliance with the deadlines for the sale of goods, the safety of their consumption;
Ensuring a high culture of service;
Formation of a positive image of the store.
3. Functions of wholesale trade are sold through suppliers-manufacturers and suppliers-intermediaries - wholesale organizations and UEs, wholesale intermediaries (distributors, brokers, brokerage houses, agents, dealers, etc.), organizers of wholesale turnover (wholesale fairs, auctions, commodity exchanges, wholesale and small wholesale markets, warehouse stores, etc.).
4. Functions of the commercial service of wholesale trade organizations:
1) Purchasing functions:
Study of suppliers, selection of the most attractive;
Selection of the form of wholesale purchases and participation in their implementation;
Pre-contract work;
Work on the conclusion of contracts;
Organization of deliveries, execution of contracts, control over this process;
Formation of the assortment model of the wholesale base;
Claim work in cooperation with the legal service,
2) wholesale features:
Contractual work with buyers;
Managing the supply of goods to the retail network, uninterrupted provision of stores in the zone of its activity in the required volume and within the agreed time;
Rationalization of importation schemes and the importation system as a whole;
Provision of services to wholesale buyers;
3) organizational and market functions:
Market research, analysis of its conjuncture;
Expansion of the service area, search for new suppliers and buyers;
Influence on production on issues of production of competitive goods in demand;
Formation of a set of demanded services;
Development of a commercial strategy;
Ensuring the profitable operation of the wholesale trade organization and a stable competitive position in the market.
Functions of the Ministry of Commerce:
1. implementation of state policy in the field of trade, public catering;
2. coordination of the activities of all state. industry management bodies;
3. consumer protection and enforcement of quality and safety guarantees;
4. implementation of work on the formation of commodity resources for the consumer market;
5. formation of modern commodity distribution networks, optimization logistics flows;
6. creation of conditions for the growth of demand for domestic products;
7. coordination of work on the development and effective use innovative technologies and funds;
8. implementation of coordination of exhibition, fair, advertising and foreign trade activities;
9. consideration within its competence of complaints of citizens, including entrepreneurs;
Functions of Belkoopsoyuz:
1. management of the CA of all business entities in their system and the creation of an effective relationship with other market entities;
2. protection of the interests of cooperative trade in higher authorities;
3. development of a strategy for the development of the trade sector of consumer cooperation;
4. management of the procurement work of business entities;
5. dissemination of best practices, new technologies in the trading industry;
6. interaction with industry in order to protect their own interests;
7. determination of the strategy of foreign economic activity;
introduction
commercial activity trading operation commodity supply
In Russia, commercial activity was widely developed with the advent of a class of merchants and industrialists. Commercial activity was the main object of occupation of the Russian merchants.
After the October Revolution, until the second half of the 1960s, the attitude towards commerce in the country was generally (during the NEP period there was a revival of commercial activity) was sharply negative. It was believed that "commerce", "merchant" - concepts alien to socialism, Soviet trade, the product of capitalism, capitalist trade with their inevitable evil. In the second half of the 60s, in connection with attempts to implement economic reform, there was an increase in interest in commercial activities, in the organization commercial relations. The term "commerce" has become widespread in Russia in connection with the transition from centralized management of the economy to market principles. Commerce is a kind of commercial enterprise or business, but a noble business, the business that is the basis of any truly civilized market economy.
During the years of the restructuring of our society, there was a final recognition of the enormous role and importance of commercial work. The administrative-command methods of management that existed before led to the fact that commercial work in trade was replaced mainly by distribution functions. Numerous planned tasks descended from above. The organization of commercial activity in modern conditions is based on the principle of full equality of trading partners in the supply of goods, the economic independence of suppliers and buyers, the strict material and financial interest of the parties for the fulfillment of their obligations.
Subjects and objects of commercial activity, their types and characteristics
Place of commercial activity in the marketing system
Commerce is a word of Latin origin (com-mercium - trade). However, the term "trade" has a double meaning: in one case it means an independent branch of the national economy (trade), and in the other - trade processes aimed at the implementation of acts of sale of goods. Commercial activity is associated with the second concept of trade - trading processes for the implementation of acts of sale and purchase in order to make a profit through the satisfaction of consumer demand.
· purchase of material and technical resources by industrial enterprises and goods by wholesale-intermediary and other trade enterprises;
planning of the assortment and marketing of products at industrial enterprises;
Organization of sales of products by manufacturers;
selection of the best business partner;
organization wholesale goods and commercial mediation;
· retail trade as a form of commercial intermediary activity.
Basic principles of commercial activity:
The inextricable link between commerce and marketing principles;
Flexibility of commerce, its focus on constantly changing market requirements;
Ability to anticipate commercial risks;
Prioritization;
The manifestation of personal initiative;
High responsibility for the fulfillment of obligations under trade transactions;
Focus on achieving the final result - profit.
The close relationship between commerce and marketing is determined primarily by the essence of the modern concept of marketing, embodied in the slogan "Sell only what can be sold." With the help of marketing, commercial workers, business leaders receive the necessary information about what products and why consumers want to buy, about the prices that consumers are willing to pay, about in which regions the demand for these products is highest, where the sale of the company's products can bring highest profit.
Marketing allows you to understand how a manufacturer should organize the sales process, how to conduct a campaign to promote new products on the market, build an advertising strategy, etc.
Marketing allows you to calculate cost-effectiveness options for the production and sale of products, i.e. determine which types of products sold to a particular consumer in a particular region will bring the greatest profit per ruble of costs.
Today, many domestic enterprises enter the foreign market, begin to operate in an unusual economic environment, where market relations have reached high level development. However, without mastering advanced marketing methods, such enterprises are doomed to failure in the competitive struggle. Marketing knowledge allows you to organize work with the consumer in the necessary way, objectively evaluate your competitors, their strengths and weaknesses, determine the comparative advantages in the competition, choose the right segment or "niche" of the market, the scope of economic activity.
Knowledge of the basics of commercial activity should provide entrepreneurs with the ability to compare market needs with the results of their own work and achieve commercial success.
1 Subjects and objects of commercial activity………............………3
2 Merchandising: the essence and means of merchandising…………………5
3 The essence and content of the Law “On consumer cooperation (consumer societies, their unions) in the Russian Federation”…………………….….10
4 Ways (legitimate) to increase profits in trading……………...….13
References………………………………………………………....15
1 Subjects and objects of commercial activity
Commercial activity is a set of processes and operations aimed at the purchase and sale of goods in order to satisfy consumer demand and make a profit.
The key difference between commercial activity and other types of activity is the extraction of profit in the process of relationships between entities that implement their actions through the objects of a trading enterprise: fixed production assets (passive - buildings, active - equipment) and inventory items.
The differentiation of business entities on the basis of their functional specialization determines the following classification:
1) Producer - a legal or natural person that produces a product / service for further sale through sale.
2) A consumer is a person who purchases a product in order to satisfy his own needs.
3) Seller - a person who carries out the process of selling a product / service for money in order to make a profit.
In the process of sale, there is a category of resellers who are a link in the chain "producer - consumer": trading companies; distribution channels. One of key elements in the system of commercial relations is commercial enterprise and especially its variety - a trading company (trading company).
The subjects of commercial activity in the sphere of commodity circulation are also non-profit organizations that can engage in entrepreneurship. These include consumer cooperatives, associations and unions.
The objects of commercial activity are goods, services, money, documents of sale, securities. A product or service is sold for profit, and the money paid for it, which serves as a source of profit.
A product is a means of satisfying consumer needs. According to the Armstrong-Kotler model, a product consists of three components or sets of qualities:
core qualities - the benefits that the product provides;
tangible qualities - material qualities;
Reinforcing (augmented) qualities - related services (service, warranty, good delivery, etc.).
A service is a type of non-productive activity that satisfies the needs of consumers.
A prerequisite for the creation and development of a commercial business is the availability and growth of capital with its ability to reproduce itself on an expanded scale.
Capital is
Value capable of creating new, larger value;
Funds that an individual or legal entity has, its property, consisting of the amount of contributions made during the organization of the enterprise (authorized capital), buildings, structures on the balance sheet, other material and Money and intellectual values (patents, licenses, know-how, etc.), as well as part of the profits invested in the business.
The capital is divided into own, which is owned by the enterprise itself, and attracted (borrowed).
The source of maintaining and increasing capital, generating profits and covering current costs is turnover, i.e. sale of goods, commercial process of exchanging goods for money.
Trade, satisfying the needs and demands of consumers, is the final link in the activities of market entities. A special role belongs to commercial activities related to the implementation of a set of measures to bring goods from the manufacturer to the buyer.
2 Merchandising: the essence and means of merchandising
Throughout the history of commodity-money relations, the seller each time tried to highlight his product, to make it more attractive. Today, the task is to ensure that the product is in demand, so that it has the properties that the consumer needs. A lot has been done for this: a brand has been created, the thing optimally meets the “price-quality” criterion, packaging is ready, methods of communication with the consumer have been developed to create the necessary demand, and promotional activities are being carried out. However, there is one last chance to highlight your product and, accordingly, make it sell better or sell at all. This work in the system of marketing communications is called merchandising, that is, the promotion of brands in a retail network.
Merchandising has evolved in the last twenty years, but is developing especially rapidly in last years. This happened due to the improvement and saturation of the market, and, of course, the intensification of competition. feature Russian market in this case is that merchandising was developed with the advent of American and Western multinational corporations such as Coke, Mars, Nestle. This is where the etymology of the word comes from. Translated from English, "merchandising" means "the art of trading" in the field of retail.
Merchandising is always focused on a certain result: stimulating the desire of the end consumer to choose and buy the promoted product. Its goal is to increase sales through retail chains and attract new customers.
As a result of its evolution, merchandising has also become a tool that provides tangible competitive advantages. Many corporate manufacturers have made merchandising part of their marketing strategy. When organizing merchandising in a company, the following criteria are usually considered: the number of stores that the company wants to cover with merchandising work; the time required for merchandising one outlet; required frequency of visits to retail outlets.
The functions of a merchandiser at a point of sale are:
Inspection of points of sale, visits to the warehouse and export of products to the trading floor,
· laying out products at points of sale in accordance with the company's merchandising concept;
placement of price tags at points of sale;
Merchandising tools:
Store design (both external and internal);
Store planning (planning of customer traffic flows);
Color blocking;
Comprehensive measures.
Store design
Store design is a key factor in developing an image. To maximize sales, a retailer must have a clear business philosophy focused on two types of target customers: existing and potential. He must constantly direct his efforts to create a window display and atmosphere consistent with the image of the store. Appearance of the store must clearly and quickly indicate its essence, otherwise customers will pass by in search of a more suitable place to shop. Signboard with the name - should not be misleading and should be remembered by the buyer.
Store layout
Depending on the system for arranging equipment, use different kinds technological layout of the trading floor:
Linear (lattice);
Box (track, loop);
mixed;
Free (arbitrary)
Design rules are an equally important part of product promotion in a retail network. The fundamental principle of design is the constant updating of materials. Promotional (P.O.S.) materials must:
a) be located directly near the point of sale of the goods or on the way to it;
b) be appropriate and not cause confusion or irritation, be clearly visible to a potential buyer;
d) be relevant, as the materials of a certain advertising campaign work only for a limited time.
Color blocking
On average, a supermarket visitor scans the shelves of goods at a speed of 1.2 m/s from a distance of 2.5 meters. To make the right package stand out among hundreds of others, retailers and designers sometimes use color blocking. Its essence is that goods with packaging of the same color are placed together on the shelf. As a result, a one-color block of goods is created. At the same time, blocks that combine various colors, can give rise to associations that are useful for selling. For example, blocks of white, green and blue flowers may be associated with a relaxing and refreshing surf. This combination is good to use in the department that sells shower gels and other detergents.
The opposite way to attract can be contrast - not only in color, but also in shape. For example, a familiar product - a liter pack of juice - clearly stands out on the shelf with a narrower and more elongated package.
Comprehensive measures
Many supermarkets have a system of advertising alerts to consumers through the display of commercials on a large video screen. This system has been used for many years. The only problem with high-tech tools is that the buyer is focusing on them instead of thinking about the purchase. On the other hand, this system allows the customer to be attracted to specific products that would otherwise go unnoticed among the several thousand others in the supermarket. The use of sound effects is widespread. Moreover, it is not limited to the transmission of oral announcements. Sound effects can create an appropriate atmosphere in different departments of the store (for example, dynamic music in the sports department and loud sounds from the video walls) or an appropriate mood (for example, making the buyer move faster or, on the contrary, relaxing). To change the mood of the buyer and provoke him to buy, various smells are often used inside the store (in the UK, individual sellers of home goods use the smell of a bakery / cafe to encourage customers to enter the store and buy goods that have nothing to do with food: clothing, lighting equipment, etc.).
· the effect of using different colors.
Using certain colors to create the desired effects, you can significantly increase sales. Colors can be used to create accents. For example, blue color symbolizes calmness and relaxation. White color- a feeling of purity, clarity and new beginnings. Red color - motivation, acceleration. Yellow- stimulation.
· the effect of lighting.
The winning features of the product can be emphasized by the right lighting. Lighting emphasizes the variety and quality of the presented products, and also makes them visible. Commercial equipment should be illuminated in such a way that all the main products and information about them are clearly visible. At the same time, it is necessary to try to avoid vertical, bright lighting of products, harsh shadows, but also the absence of shadows;
New and high-end products can be presented with lighting directed at them in order to highlight their significance. The general illumination also affects the reaction of the buyer.
There are many definitions of merchandising, one of them: merchandising - " Silent Seller". This is the essence of merchandising - how to arrange the product in the store so that it is sold most effectively and without the participation of the seller. In order to increase sales, retailers must be able to predict the behavior of the visitor and rely primarily on his ability and perception of goods.
In the current economic situation, any company that strives to successfully operate in the consumer goods market should focus not only on the quality and relevance of its products, on their timely delivery to retail outlets, but also think about the merchandising of their products. The use of merchandising is as important for the successful sale of product development as the creation of a brand product, promotions of various kinds.
3 The essence and content of the Law "On consumer cooperation (consumer societies, their unions) in the Russian Federation"
In connection with the adoption of the Civil Code of the Russian Federation, Federal Law No. 97-FZ of July 11, 1997 amended and supplemented the Law of the Russian Federation “On Consumer Cooperatives in the Russian Federation”. In addition, its name has also changed: the Law of the Russian Federation "On consumer cooperation (consumer societies, their unions) in the Russian Federation" (as amended by No. federal laws dated July 11, 1997 No. 97-FZ, dated April 28, 2000 No. 54-FZ).
The concept of consumer cooperation is defined as a system of consumer societies and their unions created in order to meet the material and other needs of their members.
In turn, the law understands a consumer society as a voluntary association of citizens and (or) legal entities, created, as a rule, on a territorial basis, on the basis of membership by combining property shares by its members for trade, procurement, production and other activities in order to meet material and other needs of its members.
At the same time, this law does not apply to consumer cooperatives operating on the basis of the Law "On Agricultural Cooperation", as well as to other specialized consumer cooperatives (garage, housing construction, credit, and others). In the names of these consumer cooperatives, the use of the words "consumer society", "union of consumer societies" is not allowed.
A consumer society is created at the expense of entrance and share contributions, carries out trade, procurement, production, intermediary and other activities.
Citizens who have reached the age of 16 and (or) legal entities may be founders of a consumer society. The number of founders should not be less than five citizens and (or) three legal entities.
Decisions on the creation of a consumer society and joining the union are made by the constituent assembly, which approves the list of shareholders, the charter of the consumer society and the report on the expenditure of entrance fees.
A consumer society is considered established from the moment of its state registration in established by law okay.
A citizen or a legal entity wishing to become a shareholder shall submit to the council of a consumer society an application in writing for admission to the consumer society. In the application of a citizen, his surname, name, patronymic and place of residence must be indicated. The application of a legal entity must indicate its name, location and bank details. Citizens who do not have independent earnings, as well as receive state benefits, pensions or scholarships, report this in the application.
An application for admission to a consumer society must be considered within 30 days by the council of the consumer society. The entrant is recognized as a shareholder from the moment the decision is made by the council of the consumer society and the entry fee and the share fee are paid.
At the same time, the charter of a consumer society may provide that for citizens who do not have independent earnings, as well as for citizens who receive only state benefits, pensions or stipends, the general meeting of the consumer society may establish a smaller share contribution than for other shareholders.
The law provides for the following cases of termination of membership in a consumer society:
Voluntary exit of the shareholder;
exclusion of a shareholder;
liquidation of a legal entity that is a shareholder;
death of a citizen who is a shareholder;
liquidation of the consumer society.
The management of the consumer society is carried out by the general meeting of the consumer society, the council and the board of the consumer society.
The supreme body of the consumer society is the general meeting of the consumer society.
In the period between general meetings of a consumer society, management in it is carried out by a council, which is a representative body.
The executive body of the consumer society is the board of the consumer society.
4 Ways (legitimate) to increase profits in trading
Exist the following ways profit increase:
1) By increasing the volume of sales in rubles
Selling more goods in kind;
Price management and price growth (in this case, it is important to develop price matrices, setting prices in inverse proportion to “ruble activity”);
Optimization of the level of service included in the plan.
2) By reducing the cost of goods sold
Reducing the cost of goods (for example, the possibility of organizing groups of buyers to provide discounts for the volume of the purchased lot is being considered);
Analysis of the possibility of reducing the cost of transportation and net prices.
3) Through the release and additional use of capital (expansion of the range, construction of a new warehouse, purchase of a new vehicle etc.).
Reducing the unit cost of storage;
Organization of a pre-order system and reduction of demand variation (which will ensure a reduction in the required safety stock);
Reducing the time and variation in the time of the period of transportation and preparation of the order.
4) By optimizing the assortment.
5) By reducing other commercial expenses (not included in the scope of immediate consideration for logistics).
6) By improving the efficiency of the enterprise marketing products. More attention needs to be paid to increasing the speed of movement working capital, reducing all types of stocks, to achieve the fastest possible promotion of finished products from the manufacturer to the consumer.
7) Through the implementation of a large-scale and effective policy in the field of personnel training, which is a special form of capital investment.
8) Through strict observance of the concluded contracts for the supply of products. It is especially important to interest the enterprise in the production of prestigious and most needed products for the market.
9) Transfer the emphasis in profit management to enterprise income management.
10) Introduction into practice of operational cost accounting for production.
11) The use of the most modern mechanized and automated tools for solving problems of profit analysis.
Bibliography
1. Commercial Law: Textbook / A.Yu. Bushev, O.A. Gorodov, N.S. Kovalevskaya and others; Ed. V.F. Popondopulo, V.F. Yakovleva. - SPb., 1997. S. 88 ..
2. Golyshev V.G. Commercial Law: Lecture Notes. M., 2005. S. 9 ..
3. Commercial law of the Russian Federation: Textbook / B.I. Puginsky. - 3rd ed. - M., 2005.
4. Vinnikova L. Merchandising: every product has its own time, place and atmosphere // "Gorod N", 2002, No. 45
5. Kotlyarenko M. Merchandising is an art. Marketing and Marketing Relations. 2001. #7
6. Makashov D. Merchandising. The art of selling goods.
7. Paramonova T. Store layout as essential element merchandising. practical marketing. 2000. №4
8. Constitution of the Russian Federation. M., 2005.
Content
Introduction
In a market economy, commodity-money relations are dominant. Therefore, almost every product of labor produced at enterprises is necessarily sold and bought, i.e. goes through the exchange phase. Sellers and buyers of goods conclude purchase and sale transactions, carry out sales and purchases of goods, provide intermediary and other services.Commerce as a kind of human activity, most of us associate with trade. This is quite natural, since this term comes from the Latin commercium (trade). However, such an interpretation of commerce as a term is too narrow and clearly insufficient to clarify the concept and essence of commercial activity.
Commercial activity is a part of entrepreneurial activity in the commodity market and differs from it by and large only in that it does not cover the process of manufacturing a product or providing a service. In a broad sense, any organization that offers the products of the labor of its employees to the market, and, therefore, participates in the exchange process, can be classified as a sale entity. It is important to take into account that if this entity assumes the receipt of income from the sale (marketing) of goods or the provision of services that exceed the cost of their creation, then its activity is usually classified as commercial. Similarly, an idea is formed about the activity of acquiring raw materials, materials and products for the production of goods and the provision of services.
The construction and development of the commercial activity of a trading enterprise depends on the provision of its various means: monetary and commodity and material resources, material and technical base, investments, information systems and labor force in the form of labor activity of employees.
The object of research is commercial activity.
The subject of the research is the legal characteristic of commercial activity.
The purpose of the work is to study the legal characteristics of commercial activity.
To achieve the goal, it is necessary to solve the following tasks:
- consider the concept of commercial activity;
- explore the concept and characteristics of subjects and objects of commercial activity;
- to characterize the organizational and legal norms of subjects of commercial activity.
Research methods are:
- analysis;
- study and generalization of scientific literature;
- comparison of the received data.
The structure of the control work is expressed in its content.
The following structure is defined for the disclosure of the set topic: the work consists of an introduction, three chapters, a conclusion and a list of references. The title of the chapters reflects their content.
1. The concept of commercial activity
Commercial activity is a type of entrepreneurial activity carried out independently and at their own risk by individuals and legal entities registered in the manner prescribed by law as an entrepreneur, aimed at systematically making a profit by selling goods, performing work or providing services in wholesale markets in order to promote goods from manufacturers to wholesalers.In retail trade, the seller undertakes to transfer to the consumer goods intended for personal, home, family use, not related to entrepreneurial activity, therefore, retail trade does not apply to commercial law (clause 1, article 491 and article 596 of the Civil Code of the Russian Federation). One of the features of retail trade is that the product finds the final consumer, after which the product leaves commodity circulation, and the product is already perceived as a thing. Retail trade is not classified as a commercial activity, but as an entrepreneurial one, because there is a systematic profit-making by a special entity.
A sign of the loss of commodity properties by a thing when it is sold in a retail trade network is the main criterion for the impossibility of attributing retail sale and purchase to a variety of commercial transactions. one
Conclusion: economic relations for the production of goods and retail trade are not the object of commercial relations.
Commercial activity, as entrepreneurial, can be carried out in several ways:
1) By alienating and acquiring goods that are in trade;
These transactions must meet several criteria:
- the subject of these transactions is a tradable commodity having individually defined properties;
the legal status of the seller and the buyer must satisfy the requirements for the validity of such a transaction.
The transaction must be aimed at the alienation of ownership of the goods.
- compensation of the transaction.
According to this criterion, a gift or donation agreement is not a commercial transaction.
- performance of works directly related to the goods.
Logistics, technological work, loading work, marketing research, production and distribution of advertising.
- provision of services mediating and organizing commodity relations.
Transportation, storage, insurance, paid services (for example, warehouse security), commercial representation. 2
In the economic sense, commercial activity includes 3 areas:
- sale of goods by industrial enterprises;
purchase of material and technical resources by enterprises;
commercial and intermediary activity.
The sale of the created product is the first necessary element of promoting the product to the final consumer. Selling comes before buying, not the other way around.
The product can be sold without the participation of intermediaries.
Commercial activities should include acts of purchase of goods by buyers. The largest group of buyers of goods - retail trade organizations.
Mandatory areas of trade turnover:
- sales by manufacturers of their goods;
activities of wholesale trade and other intermediary links;
the actions of subjects to purchase goods and provide themselves with the necessary resources.
Commercial activity is always associated with the performance of operations to bring material resources from suppliers to consumers. These operations include:
- for manufacturers - preparation of products for shipment, shipment, release and its documentation;
in the warehouses of intermediary and transport enterprises in the process of product movement - its acceptance, storage, formation of complete batches, shipment;
in the warehouses of consumer enterprises - acceptance of products in terms of quantity and quality, storage, bringing the purchased materials to a high degree of technological readiness for production consumption, issue and delivery of materials to workplaces. 3
So, commercial activity is an essential condition of the consumer market, the sphere of commercial entrepreneurship, where money is exchanged for goods and goods for money. It should be understood as the processes associated with the purchase and sale of goods, meeting customer demand, developing target markets for goods, minimizing distribution costs and making a profit. When purchasing and supplying goods, the market is studied, economic relations are established with suppliers, commercial operations are carried out aimed at commercial transactions, conclusion of contracts and commodity-money exchange. Commercial work must be accompanied by commercial actions and decisions based on the conditions of a specific external environment and market conditions. When performing commercial functions, one should be based on the economic laws of the market, financial policy and commercial law. 4
The objectives of commercial activity determine its content:
- establishment of economic and partnership relations with market entities;
- study and analysis of sources for the purchase of goods;
- coordination of the connection between production and consumption of goods oriented to the demand of buyers (range, volume and renewal of products);
- the implementation of the purchase and sale of goods, taking into account the market environment;
- expansion of existing and prospective development of target markets for goods;
- reduction of costs of circulation of goods.
2. Concept and characteristics of subjects and objects of commercial activity
The subject of commercial activity is a person registered in accordance with the procedure established by law, acting in the trade turnover on professional basis acquiring rights and obligations on its own behalf and bearing independent property liability for its obligations. The subjects of commercial activities are individuals engaged in entrepreneurial activities without forming a legal entity, as well as legal entities.He can be engaged in this activity from the moment of obtaining civil capacity, i.e. upon reaching the age of 18. The Civil Code of the Russian Federation establishes two exceptions: 1) a citizen acquires legal capacity in full from the moment of marriage; 2) emancipation - a minor who has reached the age of 16 can be declared fully capable if he works under an employment contract, including under a contract, or, with the consent of his parents, adoptive parents or guardian, is engaged in entrepreneurial activity (Article 27 of the Civil Code of the Russian Federation).
A citizen has the right to engage in entrepreneurial activities without forming a legal entity from the moment of state registration as an individual entrepreneur (Article 23 of the Civil Code of the Russian Federation).
A special type of commercial activity is the conduct of a peasant (farm) economy regulated by the Federal Law of June 11, 2003 “On a peasant (farm) economy” (FZ RF. 2003. No. 24. Art. 2249).
It is an association of citizens related by kinship and (or) property, having common property and jointly carrying out production and other economic activities (production, processing, storage, transportation and sale of agricultural products) based on their personal participation. It is considered created from the date of its state registration in the manner prescribed by law.
Non-profit organizations participate in trading activities to a limited extent. Non-profit organizations may engage in commercial activities if they serve the purposes for which the organizations were created and are consistent with these purposes. Such activities are recognized as profitable production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies, in limited partnerships as a contributor (clause 2 of article 24 of the Federal Law " About non-profit organizations).
Circle of subjects of commercial activity. It does not coincide with the general composition of subjects of civil law. The commercial and civil legal capacity of certain types of persons also turns out to be different. five
For entrepreneurial activities of citizens carried out without forming a legal entity, the rules of the Civil Code of the Russian Federation, which regulate the activities of legal entities that are commercial organizations, are accordingly applied, unless otherwise follows from the law, other legal acts or the essence of the legal relationship, paragraph 3 of Art. 23 of the Civil Code of the Russian Federation.
Entrepreneurial and non-entrepreneurial organizations have the right to act as subjects of commercial law from the moment they are registered in the Unified State Register of Legal Entities (EGRLE).
Commercial organizations are formed mainly in the form of business partnerships and companies.
Civil Code of the Russian Federation Article 50 of the Civil Code of the Russian Federation establishes an exhaustive list of types (organizational and legal forms) of commercial organizations. Types (organizational and legal forms) of non-profit organizations are defined in the Civil Code of the Russian Federation, Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations” and other federal laws.
Commercial organizations, as well as individual entrepreneurs, can fully participate in the trade turnover.
Legal entities can create branches and open representative offices, which can significantly expand the opportunities for participation in the trade turnover, speed up and facilitate the promotion of goods to various parts of the country. Branches and representative offices are not legal entities, they are endowed with property by the legal entity that created them. Commercial and non-profit organizations can create associations in the form of associations, unions, etc. Associations are non-profit organizations and are supported by deductions (contributions) from their members. Associations are formed for the purpose of coordinating the activities of their members, for the implementation of joint programs, representation in legislative and executive authorities, and assistance in protecting the interests of members. 6
Assisting participants in solving economic problems, the unions and associations themselves are not entitled to engage in trade and other entrepreneurial activities. The exception is unions of consumer societies, which, along with entrepreneurial activities, can also perform control and administrative functions in relation to lower unions and consumer societies, art. 31 of the Law of the Russian Federation of July 19, 1992 N 3085-1 “On consumer cooperation (consumer societies, their unions) in the Russian Federation”. Along with domestic organizations, commercial organizations with foreign investments participate in the trade turnover. To create a commercial organization with foreign investments, it is necessary for a foreign investor to acquire at least 10% of a share (contribution) in the authorized (share) capital of a business partnership or company established in Russia. Organizations with foreign investments enjoy additional legal protection, guarantees and benefits provided by Federal Law No. 160-FZ of 09.07.99 “On Foreign Investments in the Russian Federation”.
Goods and services are the main objects of commercial activity in trade. The effectiveness of the commercial activities of trade organizations largely depends on how the set of goods and services offered to customers meets their needs. In the conditions of competition in the market, the correct choice of objects of commercial activity plays a special role.
Goods as an object of commercial activity. A commodity is a product of labor produced for sale. It can be any thing that is not limited in circulation, freely alienable and passing from the seller to the buyer under a contract of sale.
Depending on the purposes for which goods are purchased, they can be divided into two groups:
- Common consumption goods;
- industrial goods.
Consumer goods are intended for sale to the public for the purpose of personal, family, home use, that is, not related to business activities. 7
Goods for industrial purposes are intended for sale to various organizations or individual entrepreneurs in order to use them in economic activities. Such goods are, for example, technological equipment, road construction equipment, public transport vehicles, fuel and raw materials, etc.
All goods have consumer properties, i.e., the ability to satisfy certain needs of the consumer. The combination of consumer properties of a product determines its quality.
Since the quality of a product is a measure of its usefulness, one of the main tasks of trade is to provide consumers with precisely such goods. To this end, commercial services of trade organizations must constantly interact with manufacturers of purchased goods, influence them so that they improve and update their product range.
The content of commercial work with a particular product largely depends on how long ago it appeared on the market, how well it is known to the buyer, that is, we are talking about the need to take into account the life cycle of the product.
Based on changes in the rate of sale and profit, a trade enterprise determines at what stage of the life cycle the product is currently located and takes various measures to help maintain demand for it (carries out promotions, lowers prices, etc.).
Trade services. The service is the result of direct interaction between the contractor and the consumer, as well as the contractor's own activities to meet the needs of the consumer. Services rendered to the population, according to their functional purpose, are divided into material and socio-cultural. 8
Material services satisfy the material and everyday needs of the consumer. They ensure the restoration, change or preservation of consumer properties of products or the manufacture of new products, as well as the movement of goods and people, the creation of conditions for consumption. Therefore, material services, in particular, include household services related to the repair and manufacture of products, catering services, and transport services.
Socio-cultural services satisfy the spiritual, intellectual needs and support the normal life of the consumer. With their help, spiritual and physical development, professional development, maintenance and restoration of the health of the individual are ensured. Socio-cultural services can include medical services, cultural services, tourism, education, etc.
The trade service is the result of the interaction between the seller and the buyer, as well as the seller's own activities to meet the needs of the buyer when buying and selling goods.
Trade services can be divided into two groups:
- wholesale trade services (provided by wholesale trade enterprises);
- retail trade services (provided in stores and other retail outlets).
The main service of trade is the sale of goods. However, in order to profitably sell goods, it is necessary to carry out a whole range of activities related to the purchase of goods, their storage, delivery to wholesale buyers, pre-sale preparation in retail trade, etc. In other words, it is the provision of various services that precede the sale of goods and related to it. , form the basis of the commercial activity of any trade enterprise.
3. Organizational and legal norms of business entities
A trading company is currently understood as an independent economic entity with the legal status of a legal or individual whose activities are related to the purchase and sale of goods, as well as other activities not prohibited by law. A legal entity is an enterprise that has a charter, a bank account, a seal and has passed the state registration procedure. When registering, its company name is indicated, which does not give an idea of the nature of the enterprise's activities, but only certifies and protects its fame. The company designation is indicated in the trademark, signboard, contracts, letterheads, which determines the distinguishing feature of the trade enterprise. nineWith the transition to a market economy, private (personal, collective), state, municipal and other types of property appeared, which created the basis for the construction and functioning of various forms of commercial enterprises. Based on personal and collective ownership, individual, partnership and corporate forms of commercial enterprises have arisen, operating on a commercial basis.
An individual trading enterprise is an economic entity with the rights of a legal or natural person, created at the expense of the capital of only one owner or members of the same family. Such enterprises can operate in the following organizational and legal forms.
An individual enterprise is the personal property of one person who bears full responsibility for his activities. The use of hired labor in such enterprises is excluded.
A family business is based on family ownership and the use of the labor of members of the same family who live together. In this form of activity, the use of hired labor is also prohibited.
A private enterprise is personally owned by one owner and acting on his behalf. For its development, the right to hire labor is granted.
Individual trading enterprises can be created as a result of both the privatization of state or municipal enterprises, and the organization of new ones. The formation of the latter is largely determined by the availability of start-up capital for applicants for an individual enterprise.
Business partnerships and companies are commercial organizations with authorized (reserve) capital divided into shares (contributions) of founders (participants). In commercial practice, these forms are divided into partnership and corporate enterprises.
A partner trading enterprise is an economic entity with the rights of a legal entity, formed for the purpose of conducting joint commercial activities by several founders (participants) who have pooled their capital and act on the principles of partnership. Each of the partners is a representative of the enterprise and is liable for its obligations. Partner trading enterprises include the following organizational and legal forms: general partnership, limited partnership, limited and additional liability companies.
A general partnership is a partnership whose participants (general partners) act on its behalf. It acts as an independent subject of economic turnover. The entrepreneurial activity of the partnership is carried out and regulated on the basis of the founding agreement. By the time of registration of a full partnership, participants are required to make at least half of the due contribution to the share capital. The rest of the contribution is made within the terms stipulated by the memorandum of association. A participant in a general partnership has the right to transfer his share in the share capital to another participant. With the transfer by the participant of the share of the contribution, his participation in the partnership is terminated. The management powers of a general partnership are exercised by all participants. When performing these functions by one or more participants, the written consent of the other participants in the company is required. Profits and losses among the participants are distributed in proportion to their contributions.
A limited partnership (limited partnership), along with general partners liable for the obligations of the partnership with their property, includes one or more contributors, called limited partners. They bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of contributions made and do not take part in the activities of the partnership. A limited partnership operates on the basis of a memorandum of association. The status and responsibility of general partners are similar to those of participants in a general partnership. The management of the activities of the partnership is carried out only by participants with full responsibility. Limited partners are not entitled to participate in the management, conduct of business and act on behalf of the partnership. The resulting profit is distributed among the participants, including limited partners, in accordance with their contributions to the capital of the partnership. 10
A limited liability company is a company founded by two or more persons, the statutory fund of which is divided into shares determined by the founding agreement. Its participants are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the limits of the amounts invested by them. The current management of the company's activities is carried out by the executive body created on a collegiate or single-head basis. The executive body is accountable to the general meeting of the company's participants.
In a company with additional liability, the statutory fund is divided into shares between the participants, indicating the size in the memorandum of association. Its participants are jointly and severally liable for its debts in a multiple of the amount of their contributions. In case of bankruptcy of one of the participants, his liability for the obligations of the company is distributed among the other participants in proportion to their contributions. The management and management of an additional liability company is carried out on the same terms as a limited liability company.
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