In a transition economy, the conduct of business activities for the production of marketable products (services, works) in order to profit is somewhat difficult. That is why the legal framework is today the most important component. In this article, we consider the concept and main aspects of the law of economic management and the right of economic management.
The concept
Under household. Law, which is one of the legal branches, should be understood as a set of standards that govern economic relations between business entities, as well as other relations closely related to them. This includes, inter alia, non-profit interaction and relations on the regulation of the economy by the state to ensure public and state interests. Today, business law can be studied from different perspectives. Among them, it is important to note the following:
- The legal industry.
- The legislative industry.
- The field of legal science.
- Discipline in the curriculum.
Branch of law and branch of legislation
Being a legal industry, the right of economic activity is a set of standards that govern, on the basis of a dialectical combination of public law and private law principles, the relations that appear in the process of organizing and subsequently carrying out economic activity and, of course, managing it.
Business law can be disassembled from the point of view of legislation. So, it is defined as a set of legal standards that contain standards that ensure the regulation of economic activity, as well as the impact on this activity by the state in the person of certain state structures.
The branch of legal science and academic discipline
As it turned out, economic law in society can be considered as a sphere of legal science. So, business law should be understood as a specific system of knowledge directly about economic law, history and, of course, its development trends. As a discipline, it is interpreted as a system of generalized knowledge about entrepreneurial law as one of the legal branches, the basis of the norms of this law and the practice of its use in public and state activities. In addition, it is worth mentioning the aspect of the scientific development of the law of economic management and the law of operational management.
Content of Law
You need to know that the content of business law is primarily determined by the object of legal regulation to which it is directed. As a rule, this object is economic activity. The subject of economic law (the right of operational management or economic management) is the legal relationship that develops in the process of economic activity.
Entrepreneurship should be understood as an independent activity, carried out at your own risk, aimed primarily at making a profit in a systematic manner from the use of the property apparatus, the sale of marketable products, the performance of certain types of work or the provision of various services by persons who are registered in an appropriate quality in the manner established current legislation on the territory of the Russian Federation (part 3 of paragraph 1 of Article 2 of the Civil Code).
Features of entrepreneurial activity
For a full understanding of the category of economic law, it is necessary to familiarize yourself with the main features of economic activity. So, the independence of economic activity should be understood as the organizational and property independence of the relevant entity. It is advisable to consider the risky nature as an integral component of the market type of economy. It is important to note that the key risk is the risk of making a profit in a slightly smaller amount than the subject of the economy expects, or even not receiving it. The focus on profitability systematically assumes that the activity that is considered entrepreneurial is implemented by the entity for the constant (repeated) extraction of funds, even if it is temporarily absent. Profit can be derived from the use of the property apparatus, the sale of a product, the provision of services or the performance of work. This sign, one way or another, gives an indication of the sources of profit in the process of promoting economic activity.
Sign of state registration
It is worth noting that the sign of state. Registration of business entities is controversial. In the case of its literal interpretation, it can be said that entrepreneurial activity, which meets the basic characteristics and is carried out by a person without registration by the state, is not recognized as entrepreneurial. Nevertheless, this provision is in conflict with regulations, which clearly defines the responsibility for the implementation of economic activities without registration. Consequently, it is somewhat more competent to conduct a conversation about the state. registration is a prerequisite and a necessary condition in order to make entrepreneurial activity legal.
Thus, commercial law is a system of legal institutions and standards that regulate, on the basis of a combination of private and public interests, the relations that arise and develop in society in the course of entrepreneurial activity. It is also advisable to include relations associated with state regulation of the economy to ensure state and public interests.
Property rights
Further, it is advisable to consider the categories of economic management law and operational management law. In addition to property rights, in legal relations of a civil nature there are also property rights of a limited type. Only then is the relevant person given the opportunity to use the property apparatus belonging to another person. We are talking about the right of economic management, as well as the right of operational management. In legal relations of the named type there are always two participants. The first is the user of the real estate complex (in our case, a legal entity). The second is the owner of the specified property apparatus, which assigned it to the first participant, the user.
It is worth noting that such property rights as the right of economic management and the right of operas. management, appeared in the period of the USSR. It was then that all property was assigned to the state, in other words, to the public subject of management. It is important to note that managerial functions lay on the shoulders of trusted legal entities. From this we can conclude that only legal entities formed as enterprises or institutions can be subjects of economic management or jurisdiction rights. It is worth noting that the circle of persons who take part in legal relations, as well as the principles that allow supporting the rights in question, have some similarities. Nevertheless, there are fundamental differences that distinguish between these rights of the real plan.
Economic management
To begin with, we will analyze enterprises on the basis of economic management. Under the right household. reference it is necessary to understand the right of ownership, use and full disposal of the property apparatus, but only within the boundaries established by applicable law and relevant regulations. For example, a unitary structure cannot dispose of the property of the owner, however it is not limited when it comes to movable objects. In addition, these organizations and institutions have the right to control the profit received by them. The owner of the property apparatus fully reserves the right to receive a certain part of the profit, as well as to change the form of the legal entity that started functioning and to control its property complex.
Operational management
Under the right of operational management in economic law, one should understand the right of ownership and application of the property apparatus of the owner only to the extent determined by the law in force in the territory of the country, and also solely for the purpose of activity and in accordance with its purpose. It is worth noting that disposing of such a property complex is allowed only with the consent of the owner, who has the right to seize the trusted property apparatus in case of its improper use.
It must be borne in mind that the aforementioned restrictions on property-type rights serve as a significant encumbrance on real estate. However, such concepts as operational management and economic management refer exclusively to legal entities and state authorities. That is why private individuals rarely intersect with these burdens.
The subject of business law
Further, it is advisable to examine in more detail the subject of commercial law. It should be noted that the subject of any legal industry are certain relations that take place in society and are regulated by legislation established by law. The subject of business law is a set of relations regulated by it and appearing in the process of economic activity. It includes the following components:
- Professional activities related to the production of marketable products, work or the provision of services for profit.
- Relations associated with the sale, delivery and storage of a commercial product.
- Economic activity of an organizational and property nature in the formation and termination of enterprises, as well as property management.
- State impact on entities that carry out economic (entrepreneurial) activities.
- Economic legal regulation of economic activity of enterprises.
Legal Regulation Methodology
It should be borne in mind that the subject of business law is endowed with a number of features that must be taken into account in the process of determining the methodology of legal regulation. Under this method, one should consider a set of techniques and methods for regulating relations arising between entities and formed due to special characteristics of the subject of legal regulation. It is generally accepted that each legal industry has a specific regulatory method. Nevertheless, along with this, the legal science rather loudly discusses the issue of the unity of the regulatory methodology, in which the influence of law is in the nature of permission, prohibition or prescription.
Conclusion
So, we fully examined the concept and basic characteristics of commercial law, its subject, as well as property type (oper. Conducting and economic management). In conclusion, it should be noted that the industry studied is currently determined by its complex nature. Consequently, it has inherent methods that are widely used in other legal sectors. For example, in civil law, this feature is primarily expressed in the legal equality of entities that interact with each other; in administrative - in the presence of relations of subordination and power.