Unfortunately, it happens that in the search for additional sources of livelihood, people resort to illegal methods of activity. For some, this happens because they do not know the laws of doing business; for others, such an activity becomes a professional occupation or even a way of life. Today, during the active development of entrepreneurship, violations of its rules are quite widespread.
This concept is not directly defined, but it is easy to understand by the reverse method, considering the category of entrepreneurial activity. It, according to the law, is an initiative activity conducted by citizens in order to make a profit. One special feature of entrepreneurship is its conduct on behalf of an individual or through the organization of an enterprise (legal entity). The second sign is that a person engaged in entrepreneurship organizes and conducts this work at his own risk and peril. Acquisition of the status of an entrepreneur constitutes the initial legal act of the implementation of work, and the absence of the fact of registration or establishment of a business entity is a violation of existing legislation, which qualifies as illegal entrepreneurial activity.
The law clearly prescribes all types of activities that cannot be attributed to entrepreneurship: cattle grazing, handicraft activities, rental of housing for a period of not more than 5 days a month, and a number of others. All other methods of earning without registering an employment relationship or registering entrepreneurship are considered illegal business activities.
The layman may have the opinion that the law provides for everything that is almost impossible to find loopholes in it and engage in illegal activities. However, practice shows that illegal entrepreneurial activity is not something supernatural. But most often there are episodes when such unfortunate entrepreneurs are absolutely frankly surprised at how the competent authorities managed to establish the fact of violation of the law. It turns out that there are numerous technical and statistical resources for this. Consider some examples in the framework of specific activities.
Shipment is based on the fact that the person owns a minibus on which he carries passengers, for example, abroad, as a source of income. It goes without saying that this is done without proper registration, money for transportation is not taken into account, information is not submitted to the tax authorities. Already in this one, it would seem, action, there is a whole bunch of offenses that make up the content of the concept of illegal entrepreneurial activity.
Driving is a type of activity when, at the request or request of another person, a person “drives” a car from abroad and resells it without paying taxes - this is also illegal business, the Criminal Code of the Russian Federation under certain circumstances provides for strict liability for this offense.
At the present time, conducting various types of activities via the Internet has become widespread. An individual places information on the sale of something with delivery on a resource (website). As a rule, such a product is delivered without the necessary documents for both the product and the service. In this case, claims are presented first to the courier, and then to the entrepreneur, if they are not the same person. And the same actions, but where money plays the role of goods (for example, currency exchange, investing in unregistered funds, etc.), qualifies as illegal banking.
It is important for a person who begins to conduct entrepreneurial activity to firmly grasp that for violation of existing rules, the legislation of the Russian Federation provides for liability. Moreover, if these violations are repeated and involve significant damage to citizens and / or the state, then administrative or penal sanctions will not work. The fact is that illegal entrepreneurship is jurisdictional in all branches of law, and this is quite natural, in view of the widest nature of this phenomenon.