Modern society can be characterized by one degree or another of orderliness, organization. This is, first of all, caused by the need to coordinate the interests and needs of both the individual and social groups (small or large social communities). The achievement of consent is implemented by social, in particular, legal regulation. In our article, we will focus on the legal regulation of economic relations. Consider the basic concepts, principles and system of its organization. In addition, we will analyze the methods and category of actors involved in the process.
Economic Law Category
Before considering the concept of legal regulation of economic relations, it is advisable to analyze the fundamental aspects of the topic. Economic law is nothing more than a combination of legal principles and norms designed to regulate relations arising between business entities. Being a science, economic law is necessary to control the observance of equality in cooperation between enterprises, the formation of a system of regulatory acts that govern economic relations. In science, it is customary to single out legal relations related to the conduct of one's own economic activity. They are an alternative to “external relations”, but are called “internal”; the second name is “internal behavior of participants in economic relations”.
Firstly, domestic economic relations as a subject of legal regulation and a category of behavior in the economy are divided into positive behavior, which is based on economic freedoms, assuming the absence of state interference and the focus on them of economic impact; and negative behavior subject to legal restraint, as well as repression by the state. Secondly, internal behavior is created by three main actors. Among them are the owner (or the indirect owner, in other words, the owner of the limited rights of the property type, participant of the legal entity), the representative of the owner (head of the legal entity) and persons who are permanently or temporarily closely associated with the property complex of the owner (employees, employees, persons, which are temporarily related to property due to employment and civil contracts). Thirdly, these relations are also classified into absolute relations of the internal format, which establish the legal status of the named participants, and relative relations, first of all, between the owner (indirect owner) and the head of the legal entity (representative of the owner).
Classification of economic relations
The category of legal regulation of economic relations includes economic relations of various nature. Among them, it is important to distinguish external vertical ones, coming from the above competing managers (in other words, pseudo-managing) factors that affect a participant in economic relations, as well as horizontal relations of the external type. In addition, these relations must be classified into property (absolute, static), representing legal property status, in other words, the possibilities of a participant in economic relations; and obligatory (relative) relations, that is, certain patterns of behavior that exist between participants in economic relations.
It is easy to notice that the disassembled classification fully coincides with the generally accepted division of legal relations into independent categories in business and civil law. Thus, it is customary in commercial law to single out vertical (subordination) and horizontal (coordination) relations. In civil and business law, the existence of relative and absolute (obligation and property) legal relations is noted. In science, it is also customary to single out legal relations related to the conduct of one's own entrepreneurial activity. As noted above, they, in the alternative to “external relations”, must be called “internal relations”.
Concept and legal aspects of regulation
Further, it is advisable to consider the legal regulation of socio-economic relations by the state. It should be noted that economic relations are considered an object of regulation since ancient times. Their key regulator is precisely law. So, the state legal regulation of economic relations is one of the forms of regulation of interaction arising in society. It fully ensures the conduct of business entities in accordance with the requirements of the law in force on the territory of the Russian Federation.
To date, the basis of legal regulation of economic relations by the state has laid the norms of economic and civil law. Thus, the essence of the direct process is reduced to the formation and development of a legislative base that fully ensures the functioning standards of various market structures, entrepreneurship and commerce, public interests and the equality of subjects in the market. The defining policy and antitrust law play a decisive role in the current system of legal regulation of socio-economic relations on the part of the state in the person of its individual structures.
Antitrust Policy
It should be noted that the basis of the antimonopoly policy that is implemented by the state is the implementation of certain economic and administrative measures aimed primarily at preventing the monopolization of production, as well as trade by some business entities. Among its main tools, it is important to highlight the following:
- state price control of monopolistic organizations;
- development of competition (which includes admission to the Russian market of producers of a commodity product of foreign quality);
- promoting diversification;
- disintegration of the largest production, commercial and management structures;
- full provision of antitrust expertise regarding the laws adopted.
Today, an equally important role in the state legal regulation of economic relations is given to deflationary politics. It is aimed primarily at containing price increases. The fundamental processes in this case are the following processes:
- stabilization of solvent demand in the aggregate;
- proposal management;
- the transition to market prices that are considered equilibrium.
It must be borne in mind that the financial and legal regulation of economic relations can be implemented at different levels: from regional to global. In any case, it is an integral part of the economic system operating in the country. In addition to legal regulation, economic relations are currently subject to market control and management. We are talking about self-regulatory mechanisms and, above all, about free-type competition. However, one should not forget that in the modern world, the decisive role in the legal regulation of economic relations is played by the institutions of law and the state.
Principles of Legal Regulation
Under the method of legal regulation, which is used in a particular branch of law, we should understand the totality of the techniques and methods of regulating the relations that arise between entities. As a rule, they develop due to the special characteristics of the subject of legal regulation. Today it is generally accepted that any legal industry has a special regulatory technique. It is worth noting that in civil law the feature presented is expressed mainly in the legal equality of individuals and legal entities that interact, in administrative - in the presence of certain relations related to power and subordination. In legal science, the question of the unity of the method of regulation of law is widely discussed, in which the corresponding effect takes the character of a prescription, prohibition and authorization.
The subject of the household. Law is endowed with a number of characteristics that should be taken into account when identifying the method of legal regulation of economic relations. It is advisable to include:
- A sufficient variety of economic relations existing in reality, which take place due to the variety of activities of economic entities involved in these relations, as well as due to the variety of economic, scientific, technical, organizational and social potentials of these entities.
- The independence of business entities in terms of selection and determination of the legal form of organization, nature of activities, sales and supply markets, the range of products and services, industrial cooperation, development strategies, management systems and so on.
- The market nature of relations existing between economic entities.
- Organization of work and management based on various mechanisms by nature.
- The possibility of development by business entities of joint-stock, in other words, their own mechanisms of interaction with the development of joint-stock business activities.
All of the above principles of legal regulation of economic relations do not allow to include legal regulation within the limits of a particular method. And the branch of economic law itself is endowed with complex features, and, therefore, it has inherent techniques that are used in other legal sectors.
You need to know that the method of business law should fully ensure:
- The transition of legal relations in the motivation associated with a certain activity, as well as in the impact of organizational, administrative, economic and political nature according to the nature of the factors on which they are implemented.
- Different modes of exposure: dispositive (not punishing or rewarding) or imperious. It is worth noting that the first is carried out in the form of rational or contractual relations, which are established by the entities themselves in accordance with the recommendations of legal standards.
- Legal features of the impact, expressed in the form of permission, prohibition or regulation, which are contained in the legal norm.
The subjects of legal regulation of economic relations
In this case, subjects should be understood as participants in state regulation, among which:
- Social groups that are different in terms of income, property, professional composition, industry, place of residence, social composition, in other words, socio-economic status.
- Associations and various associations: unions of farmers, entrepreneurs; unions; political parties and so on.
- Three branches of government: legislative (State Duma), executive (government), judicial structures of state. authorities, as well as the Central Bank of the Russian Federation. It is worth noting that in countries with a federal order it is advisable to include local and regional authorities here.
Objects of regulation
Under the objects of legal regulation of international economic relations, as well as relations arising within the country, we should understand what the state influence is directed to. The objects of regulation are certain public groups, enterprises, regions, industries, the socio-economic situation in the country and so on. In other words, these are conditions and phenomena in the case of which problems arise or may appear that cannot be solved through the market mechanism.
Methods of legal regulation
Next, we consider the methods of legal regulation of international economic relations, as well as relations arising within the country. By a method, it is necessary to understand activities aimed at achieving a particular goal and involving the use of certain methods of cognition, tools, as well as a whole set of research techniques. The company has adopted the following classification of ways of constitutional legal regulation of economic relations by the state: administrative, legal, indirect and direct. It is worth noting that legal regulation consists in determining by the state the “rules of the game in the economy” for consumers and manufacturing companies. The system of legislative rules and regulations identifies the rights and forms of ownership, as well as the conditions for the functioning of labor relations, employers, trade unions and the conclusion of agreements. The administrative legal framework for regulating economic relations is a set of mandatory orders and requirements of the state, the implementation of which is mandatory for economic entities. It is important to add that the administrative regulation includes measures for licensing, contingenting, quotas and so on. Through the system represented by the measures of consolidation, coercion or permission, the state controls monopolistic markets, as well as ensures environmental safety in the territory of the Russian Federation.
Direct and indirect methods of regulation
Direct methods of economic regulation are based on relations of power-distribution nature. They come down to administrative impact on the performance and functioning of business entities. Irrevocable financing of the respective regions, sectors of the economy, companies is carried out in the form of subsidies and subventions, including allowances, subsidies, co-payments from special extra-budgetary and budgetary funds of regional and national level, as well as soft loans. Direct economic impact from the state is made through investments in certain sectors of economic activity. It can be implemented in two directions:
- Subsidizing private sector entities.
- The development of public management.
You need to know that state-owned entrepreneurship is implemented in low-profit and capital-intensive industries. Among them are the coal industry, water and rail transport, the maintenance of roads and so on. In order to ensure a high level of economic development, the state makes investments in industries that at this stage determine the scientific and technical progress, and also trains scientists for the implementation of relevant research. Economic activity allows one or another state structure to solve important tasks of the social plan and national issues. Today, the state maintains a satisfactory standard of living of the population, identifies marginal prices for food, energy and other resources. Direct regulation of business is also carried out through certain state programs. Recommended (indicative) planning, in other words, economic programming is nothing but the process of orientation by the state of the development of production in society with the help of complex and regular impact on its structure in accordance with the stipulated version of the economic strategy and socio-economic development. It must be borne in mind that programming should have a recommendatory, stimulating and targeted nature. Among the objects of targeted programs, it is important to single out: industries, regions, different areas of scientific research, social sphere and so on. Programs can be classified as follows: 1. In accordance with the terms: long-term (from 5 to 25 years), medium-term (from 3 to 5 years), short-term (from 1 to 3 years); 2. : , , .
So, we examined the concept, principles, methods, subjective category, as well as ways to improve the legal regulation of economic relations. In conclusion, it should be generalized that state. regulation is nothing more than regulation of relations arising between the FI and the Law, through which the behavior of their participants is brought into full compliance with the applicable requirements and permissions contained in the rule of law. It consists in the development of laws that ensure the functioning of market structures. In the system of regulatory norms, “deflationary policy” and “antitrust law” are of utmost importance.