Entrepreneurial legal relations are understood as regulated by the norms of entrepreneurial law public relations arising in the process of carrying out entrepreneurial activity, closely related activities of an organizational and property nature, as well as relations on state regulation of entrepreneurial activity.
Entrepreneurial legal relations differ from civil ones, first of all, in terms of subject composition. Relations that are regulated by the Civil Code of the Russian Federation include subject composition individuals(citizens) legal entities, municipalities, subjects of the Russian Federation, Russian Federation. Entrepreneurial activities can be carried out by citizens-entrepreneurs without forming a legal entity, as well as legal entities (Article 23 of the Civil Code of the Russian Federation). According to the subject composition, family legal relations are also distinguished from civil ones.
Like any other public relations regulated by the rules of law, business relations have a certain structure and include the object of the legal relationship, the subjects of the legal relationship and the content of the legal relationship.
The object of a legal relationship is that about which a legal relationship arises. In business relations, the object can be a product, work, service, etc.
The subjects of a legal relationship are its specific participants, endowed with mutual rights and obligations.
Rights are always subjective, because are dispositive in nature, and their use depends on the will of the subject. Duties are usually fixed either in a regulatory legal act or in a contract.
Rights and obligations in a particular legal relationship are always interconnected. If one entity has any right, then its counterparty has a corresponding obligation.
Entrepreneurial legal relations according to their design, objects and content can be classified as follows:
- absolute real legal relations;
- absolutely-relative real legal relations;
— absolute legal relations for the conduct of their own economic activities;
— non-property business relations;
- economic obligations.
- Absolute property relations include the right of ownership, which gives its subject the opportunity to own, use and dispose of property at his own discretion in accordance with the law. It is used to carry out economic activities on the basis of their own property by the state, municipalities, and private property entities.
- The absolute-relative real legal relations include the right of economic management, the right of operational management. They are absolutely relative, because the subject of such a right owns, uses and disposes of the property "absolutely", not conforming his capabilities to anyone other than the owner, with whom he is in a relative legal relationship. Legal relations of this kind are formed when state and municipal property is provided to unitary enterprises.
- Absolute legal relations for the conduct of one's own economic activity are formed regarding the conduct of one's own activity, which acts as an object of legal relations. An entity conducting business in accordance with the rules established by law does not have specific obligated persons. All other entities are obliged to take into account the possibility of conducting entrepreneurial activities and not interfere with its implementation. If the normal course of entrepreneurship is interrupted under the influence of third parties or as a result of a violation of the established procedure for conducting such activities by the subject of law itself, the absolute legal relationship turns into a relative one. For example, if an organization carries out its activities in compliance with the rules for accounting, the presentation of accounting and statistical reporting, the formation of the cost of manufactured products according to established rules, the legal relationship that develops in this case has the construction of an absolute. If the subject violates the established norms, the competent state authorities may demand the suppression of the committed violations and compensation for losses that have occurred to the state. In this case, the legal relationship is transformed into a relative one.
- Non-property business legal relations are formed regarding non-property benefits used by business entities in their activities, such as a company name, trademark, service mark, appellation of origin, trade secret, etc. In the course of the normal implementation of non-property rights, the emerging legal relationship is absolute. If such rights are violated, a specific obligation arises to protect them from violation and from a non-property legal relationship is transformed into a property one. The victim, protecting his non-property rights, may demand damages from the violator.
- Economic obligations consist in the fact that the participant has the right to demand from another the commission of appropriate actions. The obligated subject is obliged to fulfill them, i.e. transfer property, perform work, provide services. Business obligations are divided into four main types:
1) economic and administrative, which arise as a result of the issuance of acts by state bodies;
2) on-farm, which are formed between divisions of economic entities;
3) territorial and economic relations - the relations of public entities among themselves and with organizations;
4) operational and economic, which are formed between non-subordinate entities by virtue of business contracts.
The basis for the emergence, change or termination of business legal relations is a legal fact.
A legal fact is such life circumstances with which the norms of law associate the emergence, change or termination of legal relations.
On the basis of will, legal facts are divided into actions and events.
Actions are facts that depend on the will and consciousness of people. In turn, they are divided into:
- legitimate, i.e. complying with the requirements of the legal norm (for example, the conclusion of a contract);
- unlawful, violating the prescriptions of the rule of law (committing an offense).
Lawful actions, in turn, are divided into legal acts and legal acts.
Legal acts are such lawful actions that the subject performs in order to achieve a certain goal.
Legal actions are such lawful actions that are performed without a specific purpose, or have a specific purpose, but as a result, unforeseen legal relations arise.
Batychko V.T. Entrepreneurial Law. Lecture notes. Taganrog: TTI SFU, 2011. (Courtesy of AUP.Ru).
Entrepreneurial legal relations according to their design, objects and content can be classified as follows:
Absolute real legal relations;
Absolute-relative real legal relations;
Absolute legal relations for the conduct of their own economic activities;
Non-property business legal relations;
business obligations.
1. Absolute property legal relations include the right of ownership, which gives its subject the opportunity to own, use and dispose of property at his own discretion in accordance with the law. It is used to carry out economic activities on the basis of their own property by the state, municipalities, and private property entities.
2. Absolute-relative real legal relations include the right of economic management, the right of operational management. They are absolutely relative, because the subject of such a right owns, uses and disposes of property "absolutely", not conforming his capabilities with anyone other than the owner, with whom he is in a relative legal relationship. Legal relations of this kind are formed when state and municipal property is provided to unitary enterprises.
3. Absolute legal relations for the conduct of one's own economic activity are formed regarding the conduct of one's own activity, which acts as the object of the legal relationship. An entity conducting business in accordance with the rules established by law does not have specific obligated persons. All other entities are obliged to take into account the possibility of conducting entrepreneurial activities and not interfere with its implementation. If the normal course of entrepreneurship is interrupted under the influence of third parties or as a result of a violation of the established procedure for conducting such activities by the subject of law itself, the absolute legal relationship turns into a relative one. For example, if an organization carries out its activities in compliance with accounting standards, the presentation of accounting and statistical reporting, the formation of the cost of manufactured products in accordance with established rules, the resulting legal relationship has an absolute structure. If the subject violates the established norms, the competent state authorities may demand the suppression of the committed violations and compensation for losses that have occurred to the state. In this case, the legal relationship is transformed into a relative one.
4. Non-property business legal relations are formed with regard to non-property benefits used by economic entities in their activities, such as a company name, trademark, service mark, appellation of origin, trade secret, etc. In the course of the normal exercise of non-property rights, the emerging legal relationship is absolute. If such rights are violated, a specific obligation arises to protect them from violation and from a non-property legal relationship is transformed into a property one. The victim, protecting his non-property rights, may demand damages from the violator.
5. Economic obligations consist in the fact that a participant has the right to demand that another perform appropriate actions. The obligated subject is obliged to fulfill them, i.e. transfer property, perform work, provide services. Business obligations are divided into four main types:
1) economic and administrative, which arise as a result of the issuance of acts by state bodies;
2) on-farm, which are formed between divisions of economic entities;
3) territorial and economic relations - the relations of public entities among themselves and with organizations;
4) operational and economic, which are formed between non-subordinate entities by virtue of business contracts.
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Depending on the objects of business relations, the following types of legal relations are distinguished:
- - real;
- - obligatory;
- - on conducting own activities;
- - non-property.
The object of business relationship is the own activities of the organization and the entrepreneur. Business entities conduct it in accordance with the law, and all other persons should not interfere with its implementation.
The basis for the emergence of entrepreneurial rights and obligations are mainly legal facts, i.e., the actions of participants in entrepreneurial legal relations. Events, as a rule, occur as law-changing and law-terminating circumstances. For example, the elemental forces of nature can affect the liability of an entrepreneur-debtor - reduce or completely eliminate it. Law-generating events can be, for example, in relation to property insurance and entrepreneurial risks Doynikov IV Entrepreneurial law. Tutorial. - M. : “PRIOR Publishing House”, 2002.- 464 p..
As part of business legal relations, three groups of relations can be distinguished:
1. Legal relations emerging in the course of entrepreneurial activity (entrepreneurial legal relations). In order to start production, you need to purchase or build industrial premises, purchase equipment, raw materials, fuel. As a result of completion production cycle relations arise for the sale of goods, their delivery, storage, etc. Economic turnover is also an integral part of entrepreneurial activity.
All these legal relations are central, included in the first group in the subject of business law.
2. Legal relations closely related to entrepreneurial, including non-commercial, arising in the course of economic activity.
Entrepreneurial legal relations are closely related to other legal relations that do not have the direct purpose of making a profit. In particular, this is the activity of an organizational and property nature for the creation and termination of enterprises, property management. Such activities include the state on the basis of its own property, which organizes its enterprises and establishes a certain economic regime for them. The republics that are part of the Russian Federation act as owners of their property. Elements of the organizational plan predominate in the entrepreneurial activity of these entities. At the same time, they are also characterized by the direct conduct of entrepreneurial activities, the establishment of contractual relations with other business entities. The regions that manage their property and organize the activities of the respective economy also participate in business legal relations. Such activities are non-commercial in nature, but in connection with entrepreneurship, they are covered by economic and legal regulation.
A non-commercial nature can also be carried out without the purpose of making a profit. For example, the activities of stock and sometimes commodity exchanges do not directly pursue the goal of making a profit, but contribute to the profitability of the founders, persons using the services of exchanges, and the growth in the value of stock exchanges that increase their production potential.
The activities of consumer cooperatives, public and religious organizations (associations) financed by the owner of institutions, charitable and other foundations that enter into economic legal relations to solve their statutory tasks are of a non-commercial nature. These relations are closely related to entrepreneurial activity, in the form of implementation they do not differ from its implementation and therefore are covered by entrepreneurial law.
3. Legal relations on state regulation of the economy. The state, realizing the public interests of society, influences the subjects engaged in entrepreneurial activity, regulates and controls it. These legal relations constitute the third group from the composition of the subject matter of business law.
All three groups of legal relations constitute a certain unity, which expresses the multilateral activity of commodity producers aimed professionally at work for the market, carried out under its state regulation. Because of this, in the process of organizing and implementing production and at subsequent stages of exchange and production consumption, entrepreneurial legislation is applied as a special branch of law designed specifically for these processes.
Entrepreneurial legal relations according to their design, objects and content can also be classified as follows:
- a) absolute real legal relations. The absolute property right, which does not correspond to any specific subject, is the right of ownership. The right of ownership gives its subject the possibility of owning, using and disposing of property at his own discretion in accordance with the law. This right is used for the implementation of entrepreneurship on the basis of their own property by the state, municipality, private property entities;
- b) absolutely-relative real legal relations. These include the right of economic management, operational management. They are absolutely relative, because the subject of such a right owns, uses and disposes of property “absolutely”, not conforming his capabilities with anyone other than the owner, with whom he is in a relative legal relationship. Legal relations of this kind are formed when state and municipal property is provided to unitary enterprises;
- c) absolute legal relations for conducting one's own entrepreneurial activity. It is typical for such legal relations that they are formed regarding the conduct of one's own activities, which acts as an object of legal relations.
An entity conducting business in accordance with the rules established by law does not have specific obligated persons. All other entities are obliged to take into account the possibility of conducting entrepreneurial activities and not interfere with its implementation.
If the normal course of entrepreneurship is interrupted under the influence of third parties or as a result of a violation of the established procedure for conducting such activities by the subject of law itself, the absolute legal relationship turns into a relative one. For example, if an organization carries out its activities in compliance with accounting standards, the presentation of accounting and statistical reporting, the formation of the cost of manufactured products in accordance with established rules, the resulting legal relationship has an absolute structure. If the subject violates the established norms, the competent state authorities may demand the suppression of the committed violations and compensation for losses that have occurred to the state. At the same time, the legal relationship is transformed into a relative one;
- d) non-property economic legal relations are formed regarding non-property benefits used by business entities in their activities, such as a company name, trademark, service mark, appellation of origin, trade secret, etc. In the course of the normal implementation of non-property rights, the emerging legal relationship is absolute. If such rights are violated, a specific obligation arises to protect them from violation, and the non-property legal relationship is transformed into a property one. The victim, protecting his non-property rights, may demand compensation for damages from the violator; Entrepreneurial (economic) law: Textbook. In 2 vols. T.1 / Resp. ed. O.M. Oleinik. - M.: Jurist, 2000.- 727 p.
- e) economic obligations. In legal obligations, one participant has the right to demand that the other perform appropriate actions. The obligated subject is obliged to fulfill them, that is, to transfer property, perform work, provide services.
Economic obligations are divided into four main types: economic and managerial (arise as a result of acts of state bodies); on-farm (formed between divisions of economic entities); territorial and economic (relations of public entities among themselves and with their organizations); operational and economic (between non-subordinate subjects by virtue of business contracts).
legal relationship right duty construction
Entrepreneurial legal relations are understood as social relations regulated by the norms of entrepreneurial law that arise in the process of carrying out entrepreneurial activity, closely related activities of an organizational and property nature, as well as relations on state regulation of entrepreneurial activity. Entrepreneurial legal relations differ from civil ones, first of all, in terms of subject composition. Relations that are regulated by the Civil Code of the Russian Federation include individuals (citizens), legal entities, municipalities, constituent entities of the Russian Federation, the Russian Federation by subject composition. Entrepreneurial activities can be carried out by citizens-entrepreneurs without forming a legal entity, as well as legal entities (Article 23 of the Civil Code of the Russian Federation). According to the subject composition, family legal relations are also distinguished from civil ones. The structure of business relations Like any other public relations regulated by the rules of law, business relations have a certain structure and include the object of the legal relationship, the subjects of the legal relationship and the content of the legal relationship. The object of a legal relationship is that about which a legal relationship arises. In business relations, the object can be a product, work, service, etc. The subjects of a legal relationship are its specific participants, endowed with mutual rights and obligations. The content of the legal relationship includes subjective rights and legal obligations. Rights are always subjective, because are dispositive in nature, and their use depends on the will of the subject. Responsibilities are usually fixed either in a regulatory legal act or in a contract. Rights and obligations in a particular legal relationship are always interconnected. If one entity has any right, then its counterparty has a corresponding obligation.
Types of business legal relations Entrepreneurial legal relations according to their design, objects and content can be classified as follows: - absolute real legal relations; - absolutely-relative real legal relations; - absolute legal relations for the conduct of their own economic activities; - non-property business relations; - economic obligations. 1. Absolute property legal relations include the right of ownership, which gives its subject the opportunity to own, use and dispose of property at his own discretion in accordance with the law. It is used to carry out economic activities on the basis of their own property by the state, municipalities, and private property entities. 2. Absolute-relative real legal relations include the right of economic management, the right of operational management. They are absolutely relative, because the subject of such a right owns, uses and disposes of property "absolutely", not conforming his capabilities with anyone other than the owner, with whom he is in a relative legal relationship. Legal relations of this kind are formed when state and municipal property is provided to unitary enterprises. 3. Absolute legal relations for the conduct of one's own economic activity are formed regarding the conduct of one's own activity, which acts as the object of the legal relationship. An entity conducting business in accordance with the rules established by law does not have specific obligated persons. All other entities are obliged to take into account the possibility of conducting entrepreneurial activities and not interfere with its implementation. If the normal course of entrepreneurship is interrupted under the influence of third parties or as a result of a violation of the established procedure for conducting such activities by the subject of law itself, the absolute legal relationship turns into a relative one. For example, if an organization carries out its activities in compliance with accounting standards, the presentation of accounting and statistical reporting, the formation of the cost of manufactured products in accordance with established rules, the resulting legal relationship has an absolute structure. If the subject violates the established norms, the competent state authorities may demand the suppression of the committed violations and compensation for losses that have occurred to the state. In this case, the legal relationship is transformed into a relative one. 4. Non-property business legal relations are formed regarding non-property benefits used by business entities in their activities, such as a company name, trademark, service mark, appellation of origin, trade secret, etc. During the normal implementation of non-property rights, the emerging legal relationship is absolute. If such rights are violated, a specific obligation arises to protect them from violation and from a non-property legal relationship is transformed into a property one. The victim, protecting his non-property rights, may demand damages from the violator. 5. Economic obligations consist in the fact that a participant has the right to demand that another perform appropriate actions. The obligated subject is obliged to fulfill them, i.e. transfer property, perform work, provide services. Economic obligations are divided into four main types: 1) economic and managerial, which arise as a result of the issuance of acts by state bodies; 2) on-farm, which are formed between divisions of economic entities; 3) territorial and economic relations - the relations of public entities among themselves and with organizations; 4) operational and economic, which are formed between non-subordinate entities by virtue of business contracts.
6. The right to carry out entrepreneurial activities and ways to do itimplementation. Legal status (lat. status - state, position) - the position of its subjects established by the rules of law, the totality of their rights and obligations.
Engaging in entrepreneurial activity is an expression of the freedom of entrepreneurship as one of the fundamental rights and fundamental freedoms of a person and citizen. The Constitution of the Russian Federation provides every citizen with the right to freely use his abilities and property for entrepreneurial and other economic activities not prohibited by law (Part 1, Article 34 of the Constitution of the Russian Federation). Thus, the free exercise of entrepreneurial activity is an element of the constitutional principle of economic freedom.
The implementation of entrepreneurship is also the result of the implementation of a more general right of citizens to work, i.e. the right to freedom to dispose of one's abilities for work, to choose the type of activity and profession (Article 37 of the Constitution of the Russian Federation).
The principle of free enterprise means that every citizen has the right to choose any way of carrying out economic activity. For example, he can become employee, providing the entrepreneur with his labor force and not taking on the risk and responsibility for the economic results of his work. A citizen can also carry out entrepreneurial activities by obtaining the status of an individual entrepreneur, or through participation in commercial organization. In this case, he bears positive responsibility, i.e. he must understand that he will carry out these activities at his own risk and be solely responsible for the results of his actions. The law does not prohibit a citizen to work as an employee and at the same time carry out entrepreneurial activities, however, on a contractual basis, a restriction on the participation or work of a citizen in relation to competing business entities in order to avoid conflicts of interest can be established. A citizen, being both an employee and an entrepreneur, has the right to choose the sphere of the economy, type of activity and profession.
However, this choice depends, first of all, on the availability of special knowledge in a particular area of social production. The right to engage in entrepreneurship, due to economic freedom, includes several elements covering the freedom to choose the scope, type and form of entrepreneurial activity. Among the fields of activity, production, commerce (trade) or the provision of services are distinguished. A citizen can also specialize in any type of activity, including bank insurance, exchange activities, the production of a certain type of product, etc. A citizen is free to independently carry out entrepreneurial activities both individually without forming a legal entity (as an individual entrepreneur), and by participating in an economic company, partnership or cooperative, i.e. uniting with other people on the basis of creating a commercial organization for the implementation of collective entrepreneurship. When creating a commercial organization, a citizen has the right, independently or jointly with other citizens and legal entities, to choose the organizational and legal form of the organization from those specified in the law, which the best way suitable for conducting a certain type of business and achieving the goals of the founders.
The law may restrict the form of implementation of certain types of entrepreneurial activity. For example, the Federal Law of August 8, 2001 No. "On audit activity" establishes that an audit organization can be created in any organizational and legal form, with the exception of an open joint stock company, Article 4 of the Banking Law provides for the creation of a credit organization only in the form of a business company.
The natural-legal nature of the principle of freedom of entrepreneurship means the recognition by society of the natural need of a person to realize their economic interests related to obtaining personal income, providing a material base for the implementation of the entrepreneur’s own ideas, achieving other socially significant goals, ultimately related to ensuring the common good.
However, the freedom of entrepreneurship may be limited by law in order to protect the foundations of the constitutional order, morality, security, protect life, health, rights, interests and freedoms of others, ensure the defense of the country and the security of the state, protect the environment, protect cultural values, and prevent abuse of a dominant position. in the market and unfair competition (Articles 55, 74 of the Constitution of the Russian Federation, Article 1 of the Civil Code of the Russian Federation). Such restrictions include, in particular, preconditions for starting an entrepreneurial activity: a citizen or a commercial organization has civil legal personality, state registration of business entities and obtaining a special permit (license) to carry out certain types of activities or certain actions within the framework of entrepreneurship.
If entrepreneurial activity is carried out by a citizen without registration, or without a license (if obtaining a license is mandatory), or in violation of the terms of licensing, this activity is considered illegal entrepreneurship, a citizen may be held criminally liable if such activity causes major damage to other persons or the state or received income on a large scale (Article 171 of the Criminal Code of the Russian Federation). The right to engage in entrepreneurial activity is an integral part of the legal capacity of a citizen (Article 18 of the Civil Code of the Russian Federation).
Legal capacity is the ability to have civil rights and bear obligations. Civil law also contains the category of legal capacity, which means that only a capable citizen has the ability to exercise civil rights and perform duties by his actions. Consequently, only a capable citizen can independently carry out entrepreneurial activities.
Some types of activities, the list of which should be contained only in the law, can be carried out by entrepreneurs solely on the basis of a special permit (license).
A license is a permission (right) for an entrepreneur to carry out a certain type of activity on the conditions specified in it. Licensed activities usually require special knowledge, are extremely profitable, are aimed at ensuring public interests in the field of national defense, the production of military equipment, public utilities, or they require more careful control by the state in order to protect the interests of citizens. Licensing can be established both in relation to the actual entrepreneurial activity, which is of a continuous nature (notarial activity), and individual operations within the same type of activity (insurance).
Business legal relations are public relations arising in the field of entrepreneurial activity, as well as non-commercial relations closely related to them, including relations on state regulation of a market economy.
Business relationship is an individualized relationship, i.e. relations between persons bound by rights and obligations.
Essence principles law as legal phenomena is revealed not only through their content, but also through the structure. The structure of principles of law has three components:
- - in the field of legal awareness, including the professional legal awareness of lawyers, there should be certain ideas about the essence and nature of this or that element of the legal system;
- -- these representations should be fixed in the relevant provisions of the current legislation;
- -- Legislated principles of law should be implemented through law enforcement in a specific area of public relations.
Therefore, the principles of business law have importance in the process of law enforcement, with their help, the interpretation of all the norms of business legislation is carried out, the real meaning of these norms is known, which allows them to be applied correctly.
Types of business legal relations
Entrepreneurial legal relations according to their design, objects and content can be classified as follows:
- - absolute property relations;
- - absolutely-relative real legal relations;
- - absolute legal relations for the conduct of their own economic activities;
- - non-property business relations;
- - economic obligations.
- 1. To absolute real legal relations refers to the right of ownership, which gives its subject the opportunity to own, use and dispose of property at its own discretion in accordance with the law. It is used to carry out economic activities on the basis of their own property by the state, municipalities, and private property entities.
- 2. To absolutely-relative real legal relations include the right of economic management, the right of operational management. They are absolutely relative, because the subject of such a right owns, uses and disposes of property "absolutely", not conforming his capabilities with anyone other than the owner, with whom he is in a relative legal relationship. Legal relations of this kind are formed when state and municipal property is provided to unitary enterprises.
- 3. Absolute legal relations for conducting one's own economic activity are formed about the conduct of their own activities, which acts as an object of legal relations. An entity conducting business in accordance with the rules established by law does not have specific obligated persons. All other entities are obliged to take into account the possibility of conducting entrepreneurial activities and not interfere with its implementation. If the normal course of entrepreneurship is interrupted under the influence of third parties or as a result of a violation of the established procedure for conducting such activities by the subject of law itself, the absolute legal relationship turns into a relative one. For example, if an organization carries out its activities in compliance with accounting standards, the presentation of accounting and statistical reporting, the formation of the cost of manufactured products in accordance with established rules, the resulting legal relationship has an absolute structure. If the subject violates the established norms, the competent state authorities may demand the suppression of the committed violations and compensation for losses that have occurred to the state. In this case, the legal relationship is transformed into a relative one.
- 4. Non-property business legal relations are formed regarding non-property benefits used by business entities in their activities, such as a company name, trademark, service mark, name of the place of origin of goods, trade secrets, etc. In the course of the normal implementation of non-property rights, the emerging legal relationship is absolute. If such rights are violated, a specific obligation arises to protect them from violation and from a non-property legal relationship is transformed into a property one. The victim, protecting his non-property rights, may demand damages from the violator.
- 5. Business obligations consist in the fact that the participant has the right to demand from another the commission of appropriate actions. The obligated subject is obliged to fulfill them, i.e. transfer property, perform work, provide services. Business obligations are divided into four main types:
- 1) economic and administrative, which arise as a result of the issuance of acts by state bodies;
- 2) on-farm, which are formed between divisions of economic entities;
- 3) territorial and economic relations - the relations of public entities among themselves and with organizations;
- 4) operational and economic, which are formed between non-subordinate entities by virtue of business contracts.
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