Concept, forms and types of economic relations

Definition 1

Today, economic relations are generally understood as certain connections (relationships) that arise between people, regardless of their will and consciousness, in the process of social reproduction. As a rule, such relationships surround all spheres of life in human society.

The emergence and development of economic relations is associated with the implementation of four groups of processes:

• production;
• distribution;
• exchange;
• consumption.

Their totality forms the basis of social reproduction.

Economic relations are heterogeneous in their composition and purpose. In this regard, it is customary to distinguish their various forms and types.

The main forms of economic relations are presented in Figure 1. Consider them in more detail.

Figure 1. Forms of economic relations. Author24 - online exchange of student works

Technical and economic relations are associated with the use of resources during the reproduction process. They are reflected in the social division of labor, specialization and cooperation.

Socio-economic relations are associated with relations of ownership of the means and results of production.

Organizational-economic relations represent forms and methods of management and are formed in terms of the selection and use of certain methods of organizing the processes of social production and managing them.

Economic relations also differ according to species. In particular, they can be sustainable and one-time, voluntary and forced, etc.

One way or another, economic relations are based on property relations and require their own regulation, which can be carried out on a voluntary (self-regulation) and compulsory basis.

Legal aspects of state regulation of economic relations

Economic relations have been the object of regulation since ancient times, and the main regulator is law.

Definition 2

Legal state regulation of economic relations is one of the forms of state regulation of social relations, ensuring the behavior of subjects of economic relations in accordance with the requirements of current legal norms.

Today, the basis of state regulation of economic relations are the norms of civil and economic law.

Note 1

The essence of legal state regulation of economic relations comes down to the development and formation of a legislative framework that ensures the norms of functioning of various market structures, commerce and entrepreneurship, the interests of society and equality of market subjects.

The decisive role in the system of state legal regulation of economic relations is assigned to antimonopoly legislation and deflationary policy.

The basis of antimonopoly state policy is the implementation of administrative and economic measures aimed at preventing the monopolization of trade and production by individual economic entities. Its main tools are:

• state control of prices of monopoly enterprises;
• encouraging diversification;
• disintegration of excessively large commercial, production and management structures;
• development of competition (including control of access to the domestic market for foreign producers);
• ensuring antimonopoly examination of adopted laws.

An equally important role in government regulation of economic relations is played by deflationary policies aimed at curbing price increases. Its main tools are the stabilization of aggregate effective demand, supply management and the transition to equilibrium market prices.

Legal regulation of economic relations can be carried out at various levels, from regional to global. One way or another, it is an integral element of the current management system.

In addition to legal state regulation, economic relations are subject to market management and control. In this case, we are talking about self-regulation mechanisms and, first of all, about free competition.

However, in the modern world, the decisive role in regulating economic relations is given directly to the institutions of state and law.

Forms and types of legal regulation of economic relations

State regulation of economic relations is one of the forms of its participation in economic life. Its essence comes down to a direct or indirect impact on the processes of resource distribution and the formation of proportions.

In general, legal regulation of economic relations can take two main forms (Figure 2). Let's look at them in more detail.

Figure 2. Forms of legal regulation of economic relations. Author24 - online exchange of student works

Direct forms of state regulation of economic relations involve the use of various methods of non-repayable financing of industries, territories and enterprises. These include direct subsidies, which include a variety of benefits, subsidies and additional payments made from specially created funds (budgetary and extra-budgetary). In addition, this also includes tax breaks and preferential loans.

Unlike direct, indirect forms of regulation of economic relations include various levers of public policy implemented by its government. In particular this includes:

• money-credit policy;
• fiscal policy;
• foreign economic and monetary policy;
• customs tariff policy, etc.

In addition, it is customary to highlight the administrative form of regulation of economic relations, which includes a whole range of indirect influence measures. Such measures include licensing, quotas, changing the discount rate, price control, etc.

480 rub. | 150 UAH | $7.5 ", MOUSEOFF, FGCOLOR, "#FFFFCC",BGCOLOR, "#393939");" onMouseOut="return nd();"> Dissertation - 480 RUR, delivery 10 minutes, around the clock, seven days a week and holidays

Andreeva Alisa Garnikovna. Legal regulation of economic relations: 12.00.01 Andreeva, Alisa Garnikovna Legal regulation of economic relations (theoretical and legal aspect): Dis. ...cand. legal Sciences: 12.00.01 Krasnodar, 2006 204 p. RSL OD, 61:06-12/1794

Introduction

Chapter 1. Theoretical and legal characteristics of economic relations 14

1.1. Definitive legal support of economic relations 14

1.2. Correlation of economic relations with the category of property 36

1.3. Economic law as a scientific and legal construct: prospects for theoretical and legal transformation 62

Chapter 2. Technologies for modeling economically oriented legal norms and branches of Russian law 86

2.1. Legal regulation of economic relations: justification of the modern paradigm

2.2. Features of the characteristics of economically oriented branches of Russian law

2.3. Constitutional foundations of economically oriented branches of Russian law 133

2.4. Prospects for the development of economically oriented branches of Russian law 153

Conclusion 177

Bibliographic list of references 184

Introduction to the work

Relevance of the topic. Problems that almost never lose their research relevance in various branches of scientific knowledge rightly include processes and trends in the economic development of society, problems of ensuring the proper state of the economy, increasing the efficiency of state influence on it, and improving the mechanism of its social regulation. The listed issues are priority tasks for legal science, since the well-being of the entire population of the country and each person individually ultimately depends on their research and solution.

The reforms of the nineties of the last century carried out in Russia led to a qualitative renewal of Russian statehood, the economy, and social reorganization of all spheres of life. However, they had an ambiguous impact on the economic state of the country. The economic decline that followed the reforms led to a more than two-fold decline in industrial production. One of the reasons for this situation is considered to be the insufficiency of legal regulation of economic relations; its quality is considered low, does not meet the requirements of the market model and therefore does not ensure economic growth. This conclusion is also confirmed by materials of judicial and economic practice, and the judgments of scientists that legislative acts intended to regulate the Russian economy are of unacceptably low quality and, therefore, low efficiency of their impact on modern economic relations.

That is why in the last 10-15 years in Russian science, research interest in issues related to the regulation of the economy, entrepreneurial and economic activities has increased significantly, thereby updating the relevant issues. IN

Currently, the demand for its research is felt most acutely. One of the arguments for the relevance of the chosen topic should be the need to create a generalized, coherent, logically developed doctrine of regulatory tools for use in the field of economic relations. An independent fragment in such a toolkit is legal regulation, the state of which rightly causes a far from ambiguous assessment. If not all, then the vast majority of branches of Russian law participate in solving the problems of legal regulation of economic issues. The program documents of our state clearly outline an integrated approach to solving legal, economic, and social problems; for this reason, the main directions for ensuring the security of the individual, society, and state in economic relations are: legal support for reforms and the creation of an effective mechanism for monitoring compliance with the legislation of the Russian Federation ; strengthening government regulation V economy.

The need for a scientific study of the stated topic is of particular relevance due to the fact that in Russian legal science, oriented in the Soviet period to serve the ideology of the command-administrative system, significant conceptual updates are taking place, expressed in the revision of most theoretical and applied provisions concerning, in including the economic spheres. However, research interest in issues of regulation of economic relations. economic and entrepreneurial activity is very noticeable only in Russian social science and, above all, in economic theory. As for the legal literature, it clearly does not pay enough attention to the issues of legal regulation of the economy.

Concept of national security of the Russian Federation //NW RF. -2000.-No. 2. -From, 170.

The above indicates the relevance of the stated topic, the need for scientific research of the problems proposed in the dissertation, as objectively existing and requiring their own scientific understanding and resolution, which served as the basis for choosing this topic for the dissertation research.

The degree of scientific development of the dissertation topic. The complex, multi-level nature of economic relations, as well as the goals and objectives of theoretical research into issues of their legal regulation, predetermined the need to turn to the works of authors who are representatives of various branches of scientific knowledge. First of all, these are the works of scientists in the field of economic theory, classics of state and legal thought, the work of pre-revolutionary, Soviet and modern, Russian and foreign scientists. From the works of specialists in the field of economic theory, the works of such authors as LI were used. Abalkin, E.M. Buchwald, S.D. Valentin, E.T., Gaidar, S.Y. Glazyev, O.Yu. Mamedov, V.A. May, FL Shamkhalov. In the legal literature of the Soviet period, the legal regulation of economic relations was studied mainly by representatives of civil and economic law: M.I. Braginsky, V.P. Gribanov, V.A. Dozortsev, O.S. Ioffe, Yukh Kalmykov, V.V. Laptev, V.S. Martemyanov, V.H. Mamutov, V.L. Tarkhov, Yu.K. Tolstoy. In the modern period, this list has been supplemented by the works of A.V. Vasilyeva, V.P. Kamyshansky, O.E. Kutafina, V.V. Merkulova, V.A. Rybakova, A.Ya. Ryzhenkova, E.A. Sukhanova, G.A. Tosunyan. The basis of theoretical, legal and other industry knowledge was the works of S.S. Alekseeva, NH. Alexandrova, V.K. Babaeva, M.V. Baglaya, M.I. Baitina, V.M. Baranova, N.S. Bondar, BJV1. Vedyakhina, N.N. Voplenko, Yu.I. Grevtsova, L.I. Zagainova, Yu.M. Kozlova, O.E. Kutafina, A.V. Malko, M.N. Marchenko, N.I. Matuzova, L.A. Morozova, B.S. Nersesyants, E.V. Talapina, Yu.A. Tikhomirov, P.O. Khalfina, V.E. Chirkina, Ts.A. Yampolskaya, L.S. Yavich.

Despite the extensive list of names of scientists in whose works

The results of a study of issues of diversified legal regulation are presented; it should be noted that there is no special theoretical work on the stated topic. Many issues relating to the general complex of economic relations are, for the most part, only touched upon in the works of scientists and are presented exclusively in fragments. A small monograph published in 1995 by A.V. Vasiliev “Legal regulation of economic relations” is devoted to the study of the problems of the relationship between the state, law and economics in the context of the relationship of economic and legal laws and the role of the state in the regulation of economic relations. However, since then the content of economic relations, the state of their legal regulation, and the forms of state influence on the economic sphere have changed significantly. Completely different conceptual approaches are applied to the organization of economic relations, which, of course, require new models of legal regulation of this sphere of public life.

In justifying the state of achievements of scientific thought, one should pay attention to the fact that the end of the 20th and beginning of the 21st centuries in legal and economic sciences was marked by the fact that their representatives finally turned to face each other and saw that these branches of scientific knowledge cannot exist , and even more so to develop in isolation from each other. Against the background of such aspirations, research appeared, united in one scientific direction - constitutional economics. Its representatives in Russian science were P.D. Barenboim, GA. Gadzhiev, V.I. Lafitsky, V.A. May and others. The formation of a scientific direction in the core of constitutional economics should be recognized as an epoch-making scientific breakthrough in the second half of the 20th - early 21st centuries. However, while paying tribute to constitutional economics, which has risen on the wave of building a post-industrial society, one should not recognize its scientific omnipotence, but think about it. that its parameters are not able to cover all options and directions

economic and legal transformations, especially legal regulation of economic relations. For this reason, the tasks of scientific development of economically oriented branches of law and the prospects for improving legal regulation in general, and not just constitutional regulation of economic relations, deserve the closest attention. Moreover, such a conclusion is quite consistent with the principles of the theory of rational (free) choice, substantiated by representatives of constitutional economics. Based on the achievements of this scientific direction, as well as on the theory of economic law, we believe that the next step in science should be a scientific understanding and development of larger-scale problems of legal regulation of economic relations.

The object of the dissertation research was social relations, which served as the subject of legal regulation for economically oriented branches of Russian law, in the process of their evolution during the transition period of the history of the Russian state.

Item dissertation research included various legal norms that consolidate and regulate the system of economic relations in the context of their characteristics and industry affiliation,

Purpose The dissertation work is to study the essence and content of economic relations and the features of their legal regulation during the transition period of the Russian state and, on this basis, to identify a set of features of economically oriented branches of Russian law, to establish their features and place in the legal system.

To achieve this goal, the following research projects have been identified: tasks:

Study scientific approaches to defining economic relations as a subject of legal regulation and formulate their initial definition;

analyze the legal nature of the legal category of economic relations, as the basis for their definition and structuring as a subject of legal regulation, reveal the essence and content of the latter, and provide its definition;

Explore the multi-level mechanism of legal regulation
economic relations, establish its specifics based on
trends in federal construction in Russia and globalization processes;

Determine the features of economically oriented industries
Russian law, establish their functional characteristics and
formulate theoretical parameters of their models;

Present the author's vision of patterns, trends and
prospects for the development of legal regulation of economic relations in
modern Russian legal tradition, formulate recommendations
to improve the standards of Russian legislation and technology
legal regulation.

Source the basis of the dissertation research, in addition to the scientific works of the above-mentioned scientists - representatives of various branches of legal science: theory and history of state and law, constitutional, civil, municipal, administrative law, is also made up of the Constitution of the Russian Federation, constitutions (statutes) of the constituent entities of Russia, constitutional, civil, administrative, municipal, tax and other legislation of the Russian Federation and its constituent entities, regulatory legal acts of municipalities, as well as the practice of applying the listed array of regulatory legal acts.

Methodological basis The work consists of a modern methodological toolkit that combines general scientific, special scientific and special research methods: dialectical, historical, logical, structural-systemic, functional, statistical and others. Of the special methods, the dissertation candidate used the method of comparative analysis, modeling, etc.

The use of a wide range of existing general scientific and industry methods of scientific knowledge in the study allowed the author to holistically and comprehensively comprehend and reveal the subject of the dissertation research, solve the assigned problems and achieve the designated goal.

Theoretical basis The research included a critical analysis of the works of Soviet and modern Russian scientists - monographs, educational literature, articles, dissertations of a theoretical-legal and special-legal nature.

Provisions for defense:

1. The category “economic relations” is quite active
used by the legislator, but without the formulation of its definitions, therefore
The current regulations do not have a uniform approach to
using not only the category “economic relations”; but also
other terms of the same order that contribute to their understanding. This
makes it difficult to form an objective image of economic relations
as a subject of legal regulation (their essence, specifically
historical model, types, system, content, hierarchy, etc.) and does not give
grounds for recognizing their definition as legal.

2. Definitive provision of economic relations
carried out using a complex system of categories provided
norms of various sectoral legal acts, the initial principles of which
stem from the complexity and hierarchy of the contents themselves
economic relations. Therefore, it seems fundamentally important
legal consolidation of various options, types of definitions
economic relations in general and their individual aspects in regulatory
acts taking into account scientifically based recommendations of scientists.

3. Assessing the role and significance of the system of various regulatory legal
acts in the definitive provision of economic relations depends on
the term of the logical tools used in them, which, as
analysis showed, is clearly not sufficient and is not always used

logically consistent and equivalent in its semantic meaning. The reason for this is the absence in them of the concept of economic relations themselves, as well as the characteristics of their content, type, level and other characteristics corresponding to the status of a normative act.

4. Based on the analysis of the legislation of the Russian Federation in the work
substantiates the conclusion that there is no concept of an integrated approach in
legal regulation of economic relations and not using it
Russian legislator. This situation can be explained by the fact that
during the transition period of development of the state and its economy in a fairly
dynamic mode uses a variety of support models
economic growth of the country, which changes every two or three
of the year.

Based on the analysis of the provisions of multi-industry normative legal acts in order to find the category of economic relations in them and its definition, the work concluded that economic relations within the framework of existing legal regulation are a complex, hierarchically ordered set (system) of dialectically interrelated elements operating in regime established by legal norms and predetermined by the concept of economic development of the country. Their condition and features of content are determined by the historical stage of development of the state, as well as the economic model used in it and enshrined in law.

The transition to the creation of a democratic state and a market economy radically changed the relationship between various forms of property, % Consequently, the relationship between the economic interests of various subjects has expanded and complicated the range of their interactions, filled with new content the economic interests and motives of behavior of participants in economic relations. This served as the basis for the introduction of a multi-structure market model

economy, enriching the forms of its manifestation, in which there is an inextricable connection between the subjective and objective principles.

Justification of the essence, features and characteristics of economic morality on the basis of historical trends of its origin, formation and current state allows us to assert that in the mechanism of legal regulation it is one of the main scientific and legal categories, the contents of which contain answers to many questions of an essential and applied order, substantiation of the reasons, conditions, models and features of the legal regulation of economic relations.

The work substantiates options for the relationship between economic and legal laws that have an objective impact on the processes of creating economic-oriented legal norms. The choice of technologies for modeling the structure and content of these norms is directly dependent on the economic laws in force at a given stage. And if the rules of law ignore the effect of these laws and do not ensure the possibility of their application by subjects of economic relations, such legal rules are doomed to inaction. And even state coercion will not be able to impose their use, a clear proof of which is the shadow economy formed under the conditions of the socialist mode of production, in which the laws of the state were ignored.

A classification of industry characteristics of a block of economically-oriented norms of law is proposed, their place and role in the overall set of legal entities and in the mechanism of legal regulation, which are determined by the essence, content, external form and internal structure of the norms of a given target and functional orientation and which are capable of making a contribution, is determined in establishing law and order, in creating reliable mechanisms for protecting the rights and interests of subjects of economic relations.

10. Based on an analysis of the legal framework, classifications, development trends, as well as existing methods of integration of economically oriented branches of law, a thesis has been put forward and substantiated that, in the aggregate, economically oriented branches of law will eventually form in Russia a new super-branch of law of a complex nature, for which it will be possible to name use the term "economic law".

Scientific novelty dissertation work is expressed in the selection and formulation of the presented problems within the framework of one of the first special monographic studies on this topic, in the solutions proposed by the author to a number of specific issues: in the formulation of a number of definitions based on the results of a study of the categorical apparatus of the topic, in the substantiation of the characteristics, functions and features of economically oriented branches of Russian law. All this is reflected in the main conclusions and provisions developed by the author for the defense.

The author has studied in detail the legal acts of the federal and regional level of the modern period regulating the designated sphere of public relations. For the first time, at the dissertation level, a classification and content of economically oriented branches of Russian law is proposed, the main directions for their further development and improvement are determined, and the author’s definitions of a number of important theoretical concepts used in the process of legal regulation of economic relations are proposed. The author substantiates the essence, features and features of economic law, shows the history of its origin, formation and current state.

Based on a comprehensive theoretical analysis, the dissertation formulated interesting proposals for improving the current legislation applied in the field of economic

relations that will undoubtedly help federal and regional legislators.

Theoretical and practical significance The research is determined by the relevance and lack of development of the dissertation topic, the possibility of introducing the results obtained by the author into law enforcement practice, as well as the possibility of using conclusions and proposals in improving the current federal and regional legislation applied in the field of economic relations. The dissertation materials can also be useful in teaching courses in the theory and history of state and law, constitutional, municipal, civil, administrative law for students of law universities and faculties.

Approbation of research results. The main provisions and results of the study are reflected in scientific articles published by the author, as well as in the author’s speeches at various conferences, and are used in the educational process at the Faculty of Law at the Kuban State Agrarian University in teaching the theory of state and law, constitutional, municipal, and civil law.

Dissertation structure consists of an introduction, two chapters including seven paragraphs, a conclusion and a bibliography.

Definitive legal support of economic relations

To understand the content and prospects for the legal regulation of economic relations, it is necessary to establish the state of their definitive support in the aspect of the scientific development of the relevant terms and concepts and from the standpoint of their legal consolidation. Since economic relations are studied by various branches of scientific knowledge, all of them can be involved in their study, since to a certain extent they constitute the information basis for solving the scientific problem of definitive support of economic relations.

It should be borne in mind that the formulation of a scientific definition and establishment of the content of economic relations intended to understand the specifics of their legal regulation must be carried out in conjunction with other related terms and concepts. Taking this relationship into account will ensure the objectivity and validity of the formulated definitions, their essence and content, and will help establish the scope, limits and prospects of the legal regulation of economic relations.

The starting thesis for the purposes of this study will be the derivativeness of the understanding of economic relations from the larger category of “economy”, which comes from the Greek word oikonomike (the art of housekeeping, housekeeping). Bearing in mind that the categorical apparatus forms the basis of any science, that the system of terms and categories acts as a kind of framework for scientific research, reflecting objectively existing phenomena in their dynamics, it should be emphasized that the category of economic relations, together with the category of economics, represent a body of knowledge in which the way of their existence and interaction is presented in a generalized form. Therefore, an analysis of the definition of both economic relations and the economy will make it possible to understand and show the dynamics of the movement and evolution of these phenomena, which can have a significant impact on the state and improvement of legal regulation.

In the most general (popular) version, the economy is a complex world developing according to its own internal laws, and in the figurative expression of Prof. O.Yu. Mamedov, “modern economics is an endless interaction between its three foundations - “demand”, “supply” and "price".

From the point of view of modern dictionaries, economics is: firstly, a national economy, including branches of material production and non-productive spheres or the national economy of a given country or part of it, or more precisely, a national economy organized on market principles, within which private, state and mixed enterprises of various organizational and legal forms; secondly, a scientific discipline that studies sectors (industry, agriculture, services) and branches of the economy of a country or its individual regions, as well as some conditions and elements of production1 (studying any branch of production, economic activity); thirdly, the set of production relations corresponding to a given stage of development of the productive forces of society, the current mode of production in society (for example, the economy of capitalism)3 or the set of social relations in the sphere of production, exchange and distribution of products4; fourthly, the organization, structure and state of any branch of economic activity (for example: industrial economics; transport economics; agricultural economics). And in all of these guises, the economy manifests itself through the corresponding social (economic) relations, the ordering of which is ensured through legal norms.

In light of our general theoretical study of the legal regulation of economic relations, it would be most advisable to focus on the characteristics of the economy as the national economy of Russia, organized on market principles, and also understand it as a set of social relations in the sphere of production, exchange and distribution of products, as organization, structure and condition individual sectors of the national economy at the federal and regional levels. This predetermines our interpretation of economic relations.

Correlation of economic relations with the category of property

It is known that the cornerstone in understanding and explaining economic relations is the question of property, in the context of legal research - the question of property rights. In this regard, we consider it necessary to analyze the relationship of economic relations with their essential category of property, which predetermines the nature of production economic relations and agree with the opinion of the European Union. Kamyshansky that “identifying the essence of complex economic property relations is necessary for correctly determining the forms and content of legal regulation”

In the analysis of the category of property, three of its aspects are distinguished: ordinary, legal and economic. The ordinary aspect is that things belong to a person, he is their owner and can own, use and dispose of it at his own discretion. However, it must be borne in mind that the ordinary aspect of property relations is not only the attitude of a person to a thing, but also the attitude of a person to a person regarding a thing, since to own, use and dispose of a thing, i.e. you can only sell it, give it away, exchange it for another thing by interacting with other people.

In order for relations between people regarding a particular thing to be legal, it is necessary that these relations be regulated by the rules of law, so that the law or other legal act specifies the actions that people can perform when interacting with each other regarding this thing.

The economic category of property exists independently of the will and consciousness of people. The forms (objects and subjects) of property change in the process of development of productive forces, when an objective law of economics comes into force: the law of correspondence of production relations to the level of development of productive forces. The economic content of property covers the process of appropriating benefits obtained as a result of economic activity, i.e. in a derivative way. The economic content of property differs from the legal content in that the economy is occupied by property in the process of creating wealth and income, in other words, the economic content of property is the relationship between people in the process of production, distribution and appropriation of products. However, they are also associated with material values ​​- real things - and are also expressed in the possession, use and disposal of the latter, and therefore are also subject to regulation by the rules of law, after which they outwardly look like legal relations.

A significant and invaluable contribution to the development of the theory of property and property rights in modern legal science was made by such scientists as S.S. Alekseev, M.V. Vlasova, V.P. Kamyshansky, V.D. Mazaev, V.A. Rybakov, A.Ya. Ryzhenkov, K.I. Sklolvsky, EL. Sukhanov, V.A. Tarkhov, A.E. Chernomorets, L.V. Shchennikova and others. The works of the listed authors published in recent years can be considered a kind of watershed in the theoretical substantiation of the understanding of property as an economic and legal category and property rights as an exclusively legal category.

Results of the study by V.P. Kamshgansky, A.Ya. Ryzhenkova, A, E. Chernomorishch should be regarded as a conceptual breakthrough in jurisprudence, based on a combination of achievements of philosophical, economic-theoretical, political and legal thought. Realizing the advantages of an interdisciplinary approach, the authors turn to the origins of scientific thought on the issues of determining property and property rights, the knowledge of which is impossible through jurisprudence alone. Property in their understanding is “essentially a system of distribution relations in society, together with the distributed material benefits themselves. Therefore, its legislative design should be based on the theory of distinction between law and law.”1

This definition convinces us of the organic relationship between economic relations with property, as a whole with its essential part, and the need for qualified legal regulation of economic relations in general and property issues, including... In property, which includes a mechanism for the distribution of material goods, according to the authors, they find the most a concentrated expression of personal freedom and justice, and “the constitutive definition of property rights in such a concept covers the ideas of personal freedom and justice as a combination of the rights and responsibilities of participants in distribution relations, legal norms built on these ideas, and distribution social relations themselves, in which ideas are embodied in life."1

Solidarizing with the opinion of the cited authors, we consider it necessary to emphasize that any changes in the economy of the state and society that affect the forms and distribution of property must be regulated by legal norms precisely at the level of law. Not a single radical redistribution of material values ​​in society can do without legal registration, for which, first of all, such type of sources of law as law must be used. But it can also be said that a legal change in forms of ownership and powers regarding it does not occur without changes in economic conditions and models of economic relations in society and the state. Consequently, the change in the economic and legal content of property occurs in dialectical unity, and this predetermines a change in the essence and content of economic relations as a whole, subject to the formation of their new models.

Increasing the efficiency of property management is impossible without understanding the content of economic property relations and consolidating its effective forms in legal acts. Keeping in mind the dialectical interdependence of economic relations and property, we must conclude that the economic and legal categories of property should not be separated, but considered interconnected, as a category used to designate a system of legally established economic relations characterizing organizational and social forms of ownership, use and disposal of property.

Legal regulation of economic relations: justification of the modern paradigm

Law, the legal component in the organization and functioning of economic relations is not only a prerequisite for their general social regulation, but also an independent element, component, link in the regulatory mechanism. The originality of the legal component can be found in its multifunctional purpose. This is manifested, firstly, in the fact that the legal norms that make it up play the role of a suspension connecting the material components of this mechanism. They are a kind of connective tissue that holds together other elements of the mechanism, which are designated using economic categories, for example, such as production, property, capital, goods, money, price, etc. But first of all, law is intended to consolidate the status of participants in economic relations.

The functional purpose of the legal component, secondly, is that legal norms should be a stimulator, i.e. an active component, a kind of fuel in economic processes. The speed of economic processes, their comfort and effectiveness depend on the qualitative state of the rules of law and the options for behavior they offer. In this regard, we should agree with the opinion expressed in the literature that? that “the objective need for strict rules of conduct for participants in a market economy explains why the mechanism of its social regulation widely uses legal forms of regulation of economic activity”1, which confirms the need to ensure effective legal regulation.

Thirdly, it is necessary to add to what has been said that the role of law in the mechanism of economic regulation is that it is the only rigidity necessary for the market. And if proper legal regulation of the actions of participants in market production is not ensured, then chaos, anarchy and arbitrariness will reign in economic relations.

The main thing in the legal component of regulating economic relations is the right of property as the primary basis of a market economy. Property rights fix the property status of subjects of economic relations, and this property is recognized and protected by the entire economic community at any level. Law in general and, first of all, property law records and establishes all changes that occur in the relationships between participants in economic relations, eh? therefore, changes in their legal status are recorded.

The rules of law in the mechanism of social regulation of economic relations, due to their scope and diversified affiliation, have collectively acquired the status of an independent element.

To effectively solve the problems of legal regulation of economic relations, as shown by studies of various aspects of economic law and other scientific directions that one way or another explain the subject under study, it is necessary to explain the state of the modern initial conceptual scheme (paradigm) of the formation and application of the legal component in the general social mechanism for regulating economic relations. It is also necessary to develop technologies for modeling a block of economically oriented legal norms.

The significance of modeling is that any model helps to imagine possible options for the behavior of participants in economic relations that deserve legal regulation, as well as options for their changes in the event of acceptable and unacceptable changes in the conditions for the implementation of these relations and, most importantly, select the desired one from the proposed options. The model of relations presented in a legal norm or a certain set of them is a schematic representation of reality, built on the basis of algorithms for its constant application and repetition.

The solution to this complex problem is possible only on the basis of studying a whole complex of provisions, factors, circumstances relating to the essence and content of economic relations, the reality surrounding them, the state of the mechanism of socially optimal regulation; it is also necessary to take into account the logic of economic thinking and economic knowledge.

If we take traditional spheres of public life as a basis, we can identify factors that arise in these spheres and are called social, economic, political, cultural, and ideological factors. The literature often raises the question of the influence of scientific and technological progress on the development of the economy and other spheres of public life, which allows us to call the scientific and technical factor. The peculiarity of these factors is that they have a direct impact, first of all, on the economic relations themselves, and only then on the norms governing them. Therefore, a more detailed description of them will be presented when describing the subject of legal regulation of economically oriented norms and branches of law.

In all the variety of factors and conditions that form the modern paradigm of legal regulation of economic relations, one should distinguish between: circumstances requiring mandatory consideration and optional factors: main determining and additional points; phenomena that have a temporary impact and are of an enduring nature. Let us illustrate the proposed classification with individual examples.

1. First of all, technologies for modeling legal norms can be formed taking into account the traditional determinants presented by the theory of legal regulation, legal norms and legal relations, sources of law, and legislative technology. For example, one should take into account the functional purpose and specific characteristics of legal norms, the legal force of legal acts, their place in the system of sources of law, institutional and sectoral classification and typology of legal bodies, elements of the mechanism of legal regulation, technical rules for constructing legal norms and regulations, and others.

The listed factors are considered constantly operating, theoretically justified, in the literature they are given a detailed and thorough description, the rules for taking them into account in lawmaking are formulated, therefore we consider it possible to limit ourselves to only stating their presence as a fait accompli. Let us dwell in some detail only on the characteristics of the theoretical aspects of legal regulation. Scientists have substantiated the existence of several types.

First of all, we will name such as generally permissible and permissive, the justification for which is given by S.S. Alekseev. The general permissible type of legal regulation is applied on the basis of the principle that everything that is not prohibited by law is permitted. In contrast, the principle of the permissive type is the formula: everything is prohibited except what is permitted by law. The legal regulation of modern economic relations is characterized by a classic combination of these two types, in contrast to the imperative model of legal regulation that operated during the Soviet period. In the modern system of Russian law there are no industries that regulate social relations on the basis of only one of the indicated types, and this ensures the competitiveness of industry legal regulation. A rational combination of elements of the designated types ensures flexibility in the legal regulation of economic relations and maximum consideration of economic laws in it.

Features of the characteristics of economically oriented branches of Russian law

The formation and identification of economically oriented branches of Russian law, until a certain time, took place according to the rules that developed during the Soviet period, by establishing traditional characteristics: subject, method, sources, principles, functions, institutionalization and systematization, etc. However, recently an increasing number blocks of legal norms are called branches of Russian law even without sufficient grounds for this. Those legal entities that are not such are also recognized as industrial ones. As a result, there is an unsystematic fragmentation of the legal body into elements, sometimes amorphous, unformed and therefore unable to ensure high-quality regulation of social relations. It should be emphasized that “the intensity of the process of fragmentation of law into an infinite number of branches has an adverse effect on the mechanism of legal regulation as a whole, leading to the loss of the individuality of the branch of law and its identification with the branch of legislation.”

In this regard, we consider it necessary to study the features of the characteristics of economically oriented branches of Russian law? to clarify the understanding of industry characteristics and their specific characteristics, since there are significant disagreements in the literature on this matter. At the beginning of the third millennium S.S. Alekseev drew attention to the fact that the uniqueness of legal matter lies in its possession of “a complex of special, unique institutional, structural and regulatory properties, connections and relationships of its elements.” The basis for this statement, in our opinion, was the results of three discussions that took place in different years of the Soviet period, dedicated to the system of Soviet law. For example, in the materials of the discussion that took place in 1982, there is a statement: “in order for this or that set (part of) legal norms to be recognized as a branch of Soviet law, it must have all the objective signs of an element of its system. In the absence of at least one of them, this set (part) of norms cannot be considered a branch of law”3. Agreeing with the opinion of the participants in the discussion, we consider it possible to emphasize that in the modern period such categoricalness is no longer acceptable, since the characteristics recognized in some historical conditions may not be acceptable in another time.

So, in 1989 P.B. Evgrafov considered 3 groups of characteristics of the branch of law: subject (subject of legal regulation); functional (method of legal regulation); structural (legal integrity, interaction with other branches of law as elements of a single system). Ten years later O.E. Meshkova proposed to isolate subject, structural and functional features, which, in the author’s opinion, constitute a single complex and, in combination with each other, are necessary to determine the presence in the system of a set of industry-level norms. As we can see, the position of this author does not differ from the classification of P.G. Evgrafova, although it was formulated already during the period of active transformations of legal matter.

The point of view of D.E. seems interesting. Petrov, who identifies general systemic features; material attributes; legal features. The first of these groups includes the majority of features related to general legal characteristics. The second group of features names those that arise from the content of the subject of legal regulation and is intended to characterize it. The third group, according to D.E. Petrov, reveals the specifics and functions of legal influence on the subject, i.e. characterizes the method of legal regulation.

In assessing the position of this author, we share the opinion of L.V. Butysh and G.P. Kurdyuk, who claim that “in this classification, its author identified qualitative characteristics that are possessed not so much by the entire branch of law as a single whole, but by one of its features: subject or method.” When defining industry characteristics, it is necessary to scientifically substantiate such essential properties of the industry that make it possible to characterize it as an integral legal phenomenon at the corresponding historical stage of development of the state and law in all the diversity of their nature and interrelations. “However, the attempt by D.E. Petrov’s analysis and presentation of the qualitative properties of the characteristics of the branch of law, according to the cited authors, still deserves attention and support; their classification contributes to knowledge of the branch of law and allows us to see the relationship between the various qualitative characteristics of the phenomenon under study. But the main thing that attracts attention in the judgments of D.E. Petrov, is that they reveal the makings of the evolutionary development of features of the branch of law”3.

It is this idea that we would like to develop in our further discussions, taking into account that each of the characteristics evolves in its own way, that the process of formation of qualitative characteristics of the branch of law proceeded gradually, they were not formed immediately. They reflected the trends and patterns of development and improvement of the entire society and the state, and the phenomenon of law, in turn, reflected these changes. The gradual accumulation of changes in the law became possible when the processes of legal formation intensified, and they became accessible to observation precisely in the modern period. “The sharp quantitative growth of the general legal body, its dynamics, due to the qualitative renewal of the content of social relations and the interaction of its elements with each other, as well as the phenomenon of convergence in law - all this allows today to re-identify and scientifically substantiate the characteristics of the branch of law as an element of the system.”

What are the possibilities and limits of legal regulation of economic relations at the present stage of market relations? How can the law contribute to the implementation of the constitutional principle of freedom of economic activity 1?

To answer these questions, a deep and fundamental development of general problems of legal regulation of economic relations is necessary, the creation of a general theory, which should serve as the basis for solving specific issues.

The different nature of the relations united in a complex determines the regulation of these relations by combining the norms of various branches of law corresponding to the content of each type of relationship. In this regard, the complex theoretical problem of effectively combining norms related to various branches of law in regulating a single process in a particular area of ​​economic activity arises. The dependence is objectively determined: the subject of legal regulation - the method - the legal means inherent in this method. If a given type of economic activity combines elements related to various types of social relations, then legal regulation must capture and reflect the characteristics of each type of relationship, each of the elements. It is necessary to fully use the patterns of correlation between the subject, method and legal means inherent in each of the elements of a single process.

There are objective patterns of combination, interrelation, correlation of norms of various branches of law, applied in combination to regulate a single process.

The formation and development of the complex under consideration presupposes strict adherence to the basic industry-specific characteristics of the included norms and the use of appropriate legal means of a single type of activity. The combination of norms of various branches of law can contribute to the most complete identification of the effectiveness of each of them. Conversely, an imbalance between the norms of various branches of law in regulating a single process or type of activity can lead to a weakening of the effectiveness of a tone or other norm or group of norms. Thus, one of the reasons that all the opportunities provided by the contractual form have not yet been used in influencing social production is the lack of consistency between the norms of administrative law and the norms of civil law that make up the institution of contract. The norms of administrative law and the countless individual acts issued on their basis do not leave sufficient

th place for compliance with the requirements imposed by the contractual form of relations, such as, for example, equality of the parties, the possibility of expressing their waves. This prevents the contract from fulfilling its most important function in influencing production.

A complex is not a combination in which the original properties of the elements are lost, but a combination of elements in which each of them retains its own characteristics and interacts with the others. It, if the specific gravity of each element and the features of its interaction with others are correctly determined, can give an optimal result.

To achieve this result, it is necessary to develop one of the aspects of the impact of law on the motivation of behavior, namely, the different motivational power of the norms of different branches of law.

In the process of studying the effectiveness of norms, the motivational power of norms in individual branches of law was considered. But to solve the problem posed, it is necessary to study the strength of the motivational effect of the norms of individual branches of law when they participate in the complex regulation of a single process or type of activity.

In various socio-economic formations, the motivational power of the norms of one branch of law turned out to be much stronger than the motivational power of the norms of other branches. Thus, in a market economy, the most significant place in the motivation of behavior is occupied by the norms of civil and commercial law regulating property relations. The possibility of making a profit by taking advantage of a certain legal situation (often through legalized robbery of an economically weaker party), the danger of property liability, which can result in bankruptcy, are incentives that significantly suppress the action of norms of other branches of law: administrative, labor, land, etc. The company will pay fines for violation of administrative rules, compensation for violation of an employment contract, etc., if these violations are related to the possibility of making a profit. But she will approach the performance of her duties to contractors with much greater caution. To protect property interests in civil and commercial law, a complex, sophisticated system of legal means has been developed aimed at ensuring the fulfillment of obligations.

This correlation of the motivational power of various branches of law in market conditions is inextricably linked with the basic law of the capitalist economy - the desire for maximum profit.

For the most effective implementation of this opportunity, a deep study of the nature and essence of social

relations in the sphere of economics, the place of the legal norm in motivating the behavior of individuals and legal entities in this area. Such research can be the result of joint work of economists, sociologists, and lawyers.

Currently, the largest place in the legal regulation of economic relations is occupied by the norms of administrative law. But the basic principles of the development of a market economy, conditioned by the requirements of objective, economic laws, are the combination of state regulation with the independence and initiative of enterprises, associations and organizations and the active use of economic levers and incentives. This requires widespread application of not only administrative norms. but also other branches of law - civil, labor, financial, etc. Above were examples of how the norms of administrative law and acts issued on their basis significantly paralyze the effectiveness of applying the norms of other branches of law, and in particular the effectiveness of means of property liability. Improving legal relations in the national economy requires a significant expansion of the means of legal influence and a more complete application of the norms of various branches of law. For the theoretical development of problems of the relationship between the norms of various branches of law in the regulation of a single process or type of activity and for practical purposes, the concept of the legal form of certain types of economic relations can be very useful. The term "legal form" is used in various senses. However, when applied to economic relations, this term can denote a set of norms or legal institutions that mediate a certain type of economic relations. This understanding has been substantiated in the literature 1 .

The concept of the legal form of economic relations is constructed based on the content of regulated relations, and in this way it differs from the closely related concept of a legal institution. When constructing a legal institution, they start from the law, from the laws of the superstructure. Therefore, a legal institution usually refers to a specific branch of law and represents a structural element of the branch. The concept of the legal form of a given type of economic relationship is specified based on the content. Therefore, the concept of legal form includes norms and institutions of various branches of law. Their industry affiliation and relationship are determined by the content of this relationship.

Thus, capital construction contains a complex of heterogeneous relations: programming, regulation, management.

See: Halfina R.0. General doctrine of legal relations. - M., 1974. - P. 79-92.

property relations, labor relations, land, environmental, financial. In the legal regulation of these relations, the norms of the relevant branches of law must also be applied. It seems that the ratio of these norms in a single complex of legal regulation of capital construction should correspond to the ratio of various types of relations in the real process of capital construction and the diverse, diverse connections caused by them. The nature of the relations combined in this complex can serve as a reliable criterion for combining the norms of various branches of law in the regulation of capital construction. The nature of each type of relationship combined in a complex, its place, significance, and share are determined in a general form and the relationship between the norms of the relevant branches of law. But here we are faced with the same phenomenon discussed above - with the different motivational force of the norms of different branches of law. Taking into account this condition requires in a number of cases the use of legal means aimed at preventing the suppression of the rule of one branch of law by the rule of another branch.

In solving problems of legal regulation of economic relations, complex regulation is most widely used, and its advantages and disadvantages have a significant and immediate impact on the final results. Economic relations are a very sensitive mechanism, sensitive to any changes in its legal form. This can be expressed in both compliance and violation of legal regulations. in creating a shadow economy.

The use of appropriate legal instruments, characteristic of various branches of law, is also necessary to solve the most important task of establishing criteria for assessing economic activity and stimulating industry in the direction of meeting the needs of society.

Currently, the main criterion for assessing activity in the economic sphere, as in other areas of society, is the degree to which demand and supply are satisfied. Depending on this, the capabilities of production teams and workers are determined. However, experience shows that not a single indicator, not even a system of indicators, can fully reveal the degree to which the needs of man and society are met by the activities of a given enterprise.

Currently, in resolving some issues, and in particular the problem under consideration of using mechanisms for direct assessment by consumers of the results of production activities, significant difficulties are associated with the fact that the state
The official apparatus on which the implementation of the decision depends is not always interested in this. Moreover, we are not talking about incompetence, misunderstanding, or reluctance of individuals, but about the fact that the organization of management itself, the assessment of management activities in a particular area, forms of incentives can create an independent interest of management bodies, which may not correspond to the implementation of a particular decision .

When considering market relations, it is necessary to create a system that would exclude the possibility of conflict between the interests of the governing body and the implementation of scientifically based decisions. The need for high quality legal regulation in this area and the significant complexity of decisions made are caused by the fact that society consciously and purposefully influences economic and social development.

The problem of unity and differentiation of legal regulation is of particular importance in the economic sphere, where differentiation is often associated with the effect of economic incentives.

Unjustified differentiation, or in other words, disunity and fragmentation of legal regulation along departmental lines, is encountered repeatedly in economic life.

The differentiation of legal regulation on departmental grounds contradicts the characterization of a legal norm as a general rule. In the economic sphere, solving this problem is especially important, since acts issued at different levels have a direct impact on social production, and their inconsistency and unjustified differentiation of the norms they contain can have a negative, inhibitory effect.

It seems that the conditions are ripe for the basic, most important provisions in the sphere of regulation of economic relations to be enshrined in laws.

Based on the analysis and generalization of many years of experience, it is possible to propose the adoption of laws that would help improve the level of legal regulation of economic relations. Such projects could include laws on economic management and planning.

Along with the publication of new laws, there arises a need to clarify and supplement some existing laws, for example, the Fundamentals of Civil Legislation.

Legal regulation of economic relations should be presented in the form of a set of interrelated and mutually agreed upon laws that establish general and most important rules of behavior in this area. Form of law for data regulation
tion is necessary because it will be able to ensure unity, complexity, internal consistency of institutions and norms, and avoid excessive detail. binding initiative, material and moral losses associated with departmentalization and disunity of individual structures. The system of laws as the basis for the legal regulation of economic relations will help strengthen the rule of law in this most important area of ​​social life. In such a system, a reliable criterion for the legality of regulations issued at all levels of government will be established. Consolidating the basic rules for regulating the economy and direct activities in laws will ensure the possibility of streamlining departmental rule-making and its reasonable limitation.

The system of laws regulating economic relations must be based on a deep knowledge of the requirements of objective economic laws and the possibilities of their use to achieve set goals.

At present, when the question of ensuring order and discipline at all levels has been raised in its entirety, streamlining legislation in the sphere of economic management is becoming especially important. After all, there are often cases when inconsistency, departmentalism, and inadequate criteria for assessing compliance with discipline result in national economic losses when plans for the production of outdated products that are not in demand and do not meet the requirements of consumers are exceeded. A system of laws in their complex can establish an order that prevents the prevalence of parochial, momentary interests over the interests of society.

In connection with the streamlining of legislation in the sphere of regulating economic relations, serious challenges face the theory of state and law. If in the branch legal sciences there are already developments that can be used as the basis for practical decisions, then in the theory of state and law only some general provisions and approaches have been outlined. Of particular importance are the problems of legal understanding and law enforcement, the solution of which faces significant difficulties in the sphere of regulation of market relations.

Legal regulation of economic relations Contents: Economic relations as a subject of legal regulation The concept and characteristics of entrepreneurial activity Entrepreneurial activity as a subject of legal regulation Types of liability for violation of Russian legislation...

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Topic 1.1 Legal regulation of economic relations

1. Economic relations as a subject of legal regulation
   1. Concept and signs of entrepreneurial activity
      1. Entrepreneurial activity as a subject of legal regulation
      2. Types of liability for violation of Russian legislation

1.1.1 Economic relations as a subject of legal regulation

Law is a set of generally binding rules of behavior (norms) established or sanctioned by the state, compliance with which is ensured by measures of state influence.

To put it simply, law is a regulator of social relations. Its purpose is to streamline the life of society, ensure its normal functioning and development.

Signs of entitlement:

Sociality. This feature characterizes general social and class functions: organization of production, distribution and redistribution of the manufactured product, rationing of individual labor costs for public needs, regulation of commodity-money relations and property relations, as well as other areas related to the social life of society.

Normativity. Law acts as a system of norms (rules of behavior), characterized by a logical structure (“if-then-else”), establishing a scale, a measure of behavior that defines the boundaries, the framework of what is permitted, prohibited, and prescribed.

Commitment. Legal norms are ensured by the possibility of state coercion, that is, they are endowed not only with an ideological mechanism (authority, justice), but also with the possibility of adverse consequences if they are violated.

Formalism. Legal norms, as a rule, are recorded in writing in a special form - laws and their collections. Formalism constitutes a special value of law, protecting the law from arbitrary change, securing the stability of this regulator necessary for society. The formalism of law is determined by the order of creation of laws, their amendment, and repeal, which contributes to the stabilization of society, the accuracy of application, execution, compliance and use of rules of conduct.

Procedural. Law as a system of norms includes clear procedures for creation, application, and protection. Procedural rules, procedural order are a characteristic feature of law that determines its connection with the state apparatus, primarily with specialized bodies - the court, the police, etc.

Non-personalization.This feature emphasizes the quality of law that its norms, as a rule, do not have a specifically defined, individual addressee, but are directed to an indefinite, abstract circle of persons. This feature is also associated with the repeated operation of a rule of law and its length over time.

Institutionality.The emergence of law is associated with a certain conscious process of creating norms of law, with lawmaking, which is carried out by certain state bodies, with the recognition by the state of certain self-organizational rules of behavior (customs) as legal.

Objectivity. This is a natural result of the internal development of the regulatory system. The right is not granted by any external force to society. It, like the state, is one of the conditions for the existence of a politically organized society at the stage of a producing economy and, like the state, has great social value.

In our country, the main source of law is regulations.

A normative legal act is understood as an official document of an established form, adopted (issued) within the competence of an authorized state body (official) or through a referendum in compliance with the procedure established by law, containing generally binding rules of behavior, designed for an indefinite number of persons and repeated application.

According to the procedure for adoption and legal force, regulatory legal acts are divided into:

1. laws (have the highest legal force)

• Constitution of the Russian Federation
• Federal constitutional laws
• Industry codes, Federal laws
• Laws of the subjects of the Russian Federation

1. by-laws(adopted on the basis and in pursuance of laws)

• Decrees of the President of the Russian Federation
• Decrees of the Government of the Russian Federation
• Acts of federal executive authorities (ministries and departments)
• Acts of local government bodies

1. international treaties and agreements of the Russian Federation(as well as generally recognized principles and norms of international law) constitute a special group that is an integral part of the Russian legal system.

Each of the lower laws and regulations cannot contradict the higher ones. In case of a legal conflict, i.e. If normative acts of different levels contradict each other, acts that have greater legal force should be applied (the principle of hierarchy).

In case of competition between legal norms contained in regulations that have the same legal force, one should be guided by the following rules (principles of priority), the main ones of which include:

1. industry priority

This principle applies in the case of competition between the rules of various branches of law. In this case, it is necessary to find out what sphere of social relations is regulated by competing norms. For example, if we are talking about taxation, then the norms of tax law have priority, if relations in the sphere of civil trade are subject to legal regulation - the norms of civil law.

2. priority of the codified act

The priority of the norm of a codified act applies only in the system of industry legislation and provided that the code itself contains a direct indication of the priority of its norms over other industry norms. Otherwise, the norms of the code do not have any priority over the norms of other laws.

3. priority of a special rule over a general one

This is a theoretical axiom rooted in Roman law, but often applied by the judiciary.

4. a subsequent law repeals the previous one

The establishment of a different variant of behavior in a subsequent law, on the one hand, is an instruction to the law enforcer - which law should be applied, on the other hand, it is at the same time an instruction to the legislator (himself) - to bring in a previously valid regulatory provision, repealed in the manner of the so-called “actual repeal”, in accordance with the new decision. The optimal thing, of course, is to simultaneously establish a new rule in a new law and bring the previously in force into conformity with it, but this does not always happen in practice.

Right is not the same as law. Legislation is one of the forms of expression of law. The practical need to distinguish between law and law exists because not all laws correspond to the ideals of justice, i.e. The unity of what should and what is does not always triumph. The existing is the law that is, the due is the way it should be. The search for the latter constitutes the search for the essence of law. For this reason, a law (another normative act of the state) that does not correspond to the ideas of law, its nature, values ​​and priorities of the individual can be declared invalid in the prescribed manner and, therefore, in this case is not a law.

However, not all social relations, not all spheres of social life are equally subject to legal regulation. There are customs and traditions, morality, religion, which also act as regulators of social relations.

There are areas of social life in the regulation of which law does not play a dominant role, and some relationships are not subject to legal regulation at all (relationships of love, friendship). As for economics, it should be noted that the role of law in it is traditionally significant.

Economic relations should be understood as relations between people that develop in the process of production of certain goods, including material ones, and the movement of the produced product from producer to consumer.

The set of economic (production) relations developing in society (country, region) is called economics

Economic relations are very diverse. First of all, they differ depending on the subject of production activity, i.e. from the sector of the economy in which the activity is carried out. Thus, we can distinguish production relations in the field of industry, agriculture, construction, transport, trade, etc. But within each industry, production activity itself is heterogeneous. In this regard, depending on the nature, grounds and principles of implementation in the system of economic relations, it is necessary to distinguish between relations in the field of entrepreneurial activity and relations of hired labor.

This division is naturally characteristic only of a market economy, i.e. an economic system based on the recognition and protection of private property rights and freedom of enterprise.

1.1.2 Concept and characteristics of entrepreneurial activity

What is entrepreneurial activity and hired labor?

In accordance with Art. 2 Civil Code of the Russian Federationentrepreneurial is independent, carried outactivity carried out at one's own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law.

In its turn hired labor is the performance by an employee, on the instructions of the employer, for payment of a labor function (i.e. work in a certain specialty, qualification or position) with subordination to the internal labor regulations in force at the employer, while ensuring the latter proper working conditions in accordance with the norms of labor law(Article 15 of the Labor Code of the Russian Federation).

Let's compare the signs of entrepreneurial activity with the signs of another type of economic relationship - wage labor relations.

So, necessarysigns of entrepreneurial activity are:

1. independence;
2. focus on systematically generating profit;
3. risky nature;
4. fact of state registration.

Let's look at these signs in more detail.

1. Independence,which in turn includes the following elements:

a) organizational independence

Unlike an employee who is obliged to obey the established internal labor regulations (observe working hours, comply with labor standards, etc.), an entrepreneur is independent in the sphere of his business. He himself decides what and how to produce, from whom to purchase raw materials and materials, to whom to sell the products and at what prices. No one has the right to dictate or impose their will on him. But at the same time, no one is obliged to assist the entrepreneur in his activities: provide him with work, create working conditions.

b) initiative

Initiative is the other side of independence. Both of these signs suggest each other. Being independent in his economic activity from anyone, the entrepreneur himself determines its direction and means of implementation.

c) economic independence

Organizational independence and initiative are possible only under the condition of economic independence, which is given to the entrepreneur by the possession of separate property, which he uses in carrying out business activities. Property is not always the property of the entrepreneur. Ownership of property can be based on the right of economic management or the right of operational management. An entrepreneur can also own property on a leasehold basis. In any case, he has the opportunity to independently use such property.

The hired worker does not possess the means of production and therefore, in order to satisfy his material needs, he is hired to work for an entrepreneur. Consequently, hired labor, in contrast to entrepreneurial activity, is dependent labor, subordinate to the will of the owner or other owner of the means of production. In this sense, a hired worker, although he receives wages for his work, does not work for himself, but for the employer.

2. Focus on systematically making a profit- This is perhaps the most significant sign of entrepreneurial activity. Both from the point of view of ordinary consciousness and from the point of view of science, entrepreneurial activity is, first of all, an activity whose purpose is to make a profit. Other signs of entrepreneurial activity are, in a certain sense, secondary, derived from this sign.

It should be borne in mind that from the point of view of the law, in order to qualify an activity as entrepreneurial, it is not necessary that a profit was actually received as a result of its implementation. The only thing that matters is the goal and the focus on achieving it. Whether there will actually be a profit or not is important for resolving other issues, in particular tax issues.

On the other hand, to be considered entrepreneurial, the activity must be aimed not just at obtaining, but at systematically obtaining profit, i.e. be carried out more or less regularly. Therefore, transactions aimed at one-time profit cannot be considered as entrepreneurial activity.

It would seem that the sign of profit-making does not significantly distinguish entrepreneurial activity from hired labor. An employee, like an entrepreneur, works to earn income and pay for his work, which may exceed the income of the average entrepreneur. However, the salary of an employee cannot be considered as profit. Profit is the difference between income and the costs of obtaining it, or, in other words, surplus value. The employee does not bear any costs and does not make any of his own material expenses. He simply “sells” his labor at the prevailing market price. For this reason, he can have neither profit nor loss.

3. Risky natureentrepreneurial activity is that it does not always give the expected results. Due to a variety of reasons, both subjective (mistakes, miscalculations of the entrepreneur) and objective (changes in market conditions, default, natural disaster), an entrepreneur may not only fail to receive the planned profit, but also go bankrupt and fail. It was the risky nature of entrepreneurial activity that led to the emergence of the institution of insolvency (bankruptcy) in civil law.

The activities of an employee are based on different principles. Provided that he conscientiously fulfills his duties, he has the right to claim payment for labor, even if the products he produced turned out to be unclaimed and were not sold.

4. State registration of persons carrying out entrepreneurial activitiesas a sign of entrepreneurialactivities are not always included among the main ones. Indeed, from the point of view of the economic content of entrepreneurial activity, the presence or absence of state registration is not significant. But from the point of view of law, in the absence of registration, illegal entrepreneurship will take place, for which administrative and, under certain conditions, criminal liability is provided.

1.1.3 Entrepreneurial activity as a subject of legal regulation

In the Russian legal system there is no industry specifically designed to regulate entrepreneurial activity and the social relations that arise in connection with its implementation. The function of such regulation is performed by the norms of various branches of law: constitutional, civil, administrative, labor, financial, etc. The set of such norms related to the regulation of entrepreneurship is often combined under the general name “business law”.

Thus, business law – this is a set of norms of various branches of Russian law regulating social relations in the field of entrepreneurial activity.

Constitutional guarantees of entrepreneurship are of particular importance in such regulation. According to Art. 34 of the Constitution of the Russian Federation, everyone has the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law.

The main role in regulating entrepreneurship belongs to normscivil and administrative law.

Civil law determines the legal status of individual entrepreneurs and legal entities in property circulation, regulates property relations and contractual relations. These relationships are sometimes also called horizontal, i.e. relations based on the legal equality of the parties.

The norms of administrative law establish the procedure for state registration of business entities, the procedure for licensing certain types of business activities, etc. These relationships are vertical in nature, i.e. The dominant principle here is the principle of power and submission.

Civil law is the basis of private law regulation of business activities, and administrative law is the basis of public law.

1. Private legal regulation of business activities

The leading role in the mechanism of legal regulation of entrepreneurship belongs to norms private law , and first of all civil. It is quite obvious that entrepreneurial activity by its nature does not tolerate imperative, administrative-command methods of influence. Managed by such methods, production activity ceases to be free and proactive, and the economy, losing the mechanism of self-regulation, turns into a planned one. Therefore, the dispositive method used by civil law could not be more consistent with the very nature of entrepreneurial activity.

The main directions of civil law regulation in this area are:

Determination of organizational and legal forms of entrepreneurial activity

Regulation of the procedure for the creation and termination of legal entities, establishment of bankruptcy procedures

Regulation of internal relations in commercial organizations

Regulation and protection of property relations and relations derived from them (real law)

Regulation and protection of contractual relations entered into by entrepreneurs when carrying out business activities (contract law)

Establishing the grounds, forms and amount of property liability of entrepreneurs for civil offenses committed by them in the process of carrying out business activities.

The most important civil law norms regulating business activities are concentrated in Civil Code of the Russian Federation the basic law, which has priority over all other regulations containing civil law norms. Such acts include:federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation and regulatory legal acts of executive authorities at the federal level (ministries and departments).Since civil legislation is under the exclusive jurisdiction of the Russian Federation, constituent entities of the Russian Federation and municipalities cannot adopt acts containing civil law norms.

Along with regulatory legal acts, the sources of civil law arebusiness customs, i.e. established and widely used rules of conduct in any area of ​​business activity that are not provided for by law, regardless of whether they are recorded in any document (Article 5 of the Civil Code of the Russian Federation). Basically, business customs are used in such areas of business as banking and insurance, as well as shipping.

2. Public legal regulation of business activities.

The task of public law is to prevent possible harmful consequences that may occur in conditions of absolute economic freedom: abuses in the commodity market, in the provision of works and services, restrictions on freedom of competition, periodic economic crises, etc.

The main directions of public legal regulation in the field of entrepreneurship are:

Establishment of the procedure for state registration of business entities

Regulation of relations related to licensing of certain types of activities

Antimonopoly regulation

Regulation of relations on standardization, ensuring uniformity of measurements and certification

Establishment of sanctions for offenses in the field of business activities.

a) Licensing

Some types of activities, the list of which is determined by law, business entities can engage in only on the basis of a license. License this is a special permit to carry out a specific type of activity, subject to mandatory compliance with licensing requirements and conditions, issued by a specially authorized government body (licensing body) to a legal entity or individual entrepreneur. Licensing is a management activity and is therefore regulated by administrative law.

The main regulatory act in the field of licensing is the Federal Law “On licensing of certain types of activities” dated 08.08.2001.

The meaning of a license is that licensing authorities have the opportunity to monitor licensees’ compliance with the statutory requirements and conditions for carrying out licensed activities. If violations of licensing requirements and conditions are detected, the licensing authority has the right to suspend the license. In this case, a period of up to six months is established for the licensee to eliminate the violations committed. If the violations are not eliminated within this period, the licensing authority is obliged to apply to the court to cancel the license.

b) Antimonopoly regulation

There is an opinion that a market economy does not need legal regulation at all, since one of the cornerstones of this economic system is freedom of economic activity. However, it would be a big mistake to think so. Life itself has shown the inconsistency of this view of the market economy.

The experience of almost all countries with a market economy shows that “absolute economic freedom” is always associated with abuses - the appearance on the market of low-quality goods, works and services, which sometimes pose a danger to the life and health of consumers, the emergence of fraudulent business structures that attract citizens’ savings, etc. d.

One of the most dangerous consequences of such “freedom” is the disappearance of free competition and the dominance of monopolies. Competition is one of the most important mechanisms ensuring the efficiency of a market economy. The opposite of competition monopoly (from Greek I sell one ), i.e. the dominance of one or more jointly acting entities in the market for a certain type of goods, work or services. A dominant position allows individual producers to receive excess profits without worrying about production efficiency, product quality, etc. For monopolists, this state of affairs is beneficial. For consumers, for society as a whole, for the state, it poses a danger that is difficult to overestimate. To prevent this from happening, the state is developing a set of measures aimed at preventing, limiting and suppressing monopolistic activities, as well as ensuring conditions for the creation and effective functioning of commodity markets. These measures constitute the state antimonopoly policy and are establishedantimonopoly legislationrelated to the field of administrative law.

The purpose of antimonopoly regulation is also to prevent and suppress unfair competition (dissemination of false, inaccurate or distorted information that could cause harm to another entrepreneur or damage his business reputation, misleading consumers regarding the properties and quality of a product.)

The main legal acts in the field of antimonopoly regulation include: the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law “On the Protection of Competition” dated July 26, 2006, the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” dated December 28, 2009.

c) Standardization and certification

The goals of public legal regulation are also to ensure the safety of manufactured products, works and services for the life and health of citizens, ensuring their quality and interchangeability. These goals are achieved through standardization and certification.

Standardization - activities to establish rules and characteristics for the purpose of their voluntary repeated use, aimed at achieving orderliness in the areas of production and circulation of products and increasing the competitiveness of products, works or services.

Certification - a form of confirmation of compliance of objects with the requirements of technical regulations, provisions of standards, codes of rules or terms of contracts carried out by the certification body.

Confirmation of compliance may be voluntary or mandatory. Voluntary confirmation of conformity is carried out in the form of voluntary certification. Mandatory confirmation of conformity is carried out in the forms of: adoption of a declaration of conformity (declaration of conformity) and mandatory certification.

Mandatory confirmation of conformity is carried out only in cases established by the relevant technical regulations, and solely for compliance with the requirements of the technical regulations.

Sales of products (works, services) subject to mandatory certification on the territory of the Russian Federation are possible only if there is a special document - a certificate of conformity.

State bodies exercising state control and supervision of compliance with mandatory requirements of standards, when violations are identified, have the right to take administrative measures against the violator, including imposing fines and prohibiting the sale of products.

The main regulatory act in this area of ​​legal regulation is the Federal Law “On Technical Regulation” dated December 27, 2002.

d) Other areas of public legal regulation

Administrative law also performs a protective function, establishing sanctions for offenses in the field of entrepreneurship. The Code of Administrative Offenses of the Russian Federation provides for administrative liability both for offenses in the field of business activity in general, and for offenses in certain sectors of the economy.

The most dangerous offenses in the field of entrepreneurship fall within the scope of criminal law and entail the application of criminal liability measures.

Tax legislation indirectly regulates business activities. Although it does not define the rights and obligations in the sphere of business relations, it can influence them indirectly by establishing various taxation regimes, tax rates, benefits, etc.

Thus, in the mechanism of legal regulation of social relations related to the implementation of entrepreneurial activities, private and public law interact with each other and, fulfilling their own tasks, pursue a common goal to create conditions for the normal functioning of the market mechanism.

1.1.4 Types of liability for violation of Russian legislation

For illegal acts committed by both individuals and legal entities, a certain type of liability may arise.

1. Criminal liabilitythis is a type of legal liability, which consists in limiting the rights and freedoms of persons guilty of committing a crime provided for by the Criminal Code of the Russian Federation. In this case, a person is subject to criminal liability only for those socially dangerous actions (inaction) and socially dangerous consequences for which his guilt has been established. In addition, only a sane individual who has reached the age established by the Criminal Code of the Russian Federation is subject to criminal liability.

The basis for criminal liability is the commission of an act containing all the elements of a crime provided for by the Criminal Code of the Russian Federation.

2. Administrative responsibilitythis is a type of legal liability of citizens, officials, legal entities for an administrative offense. The procedure and grounds for bringing to administrative responsibility are regulated by the Code of Administrative Offenses of the Russian Federation and other legal acts.

3. Tax liabilitytype of legal liability of individuals and legal entities for tax offenses.

Tax offense is a culpably committed unlawful act (action or inaction) of a taxpayer, tax agent and their representatives, for which responsibility is established by the Tax Code of the Russian Federation.

Tax liability of an individual arises only if the act committed by him does not contain elements of a crime under the criminal legislation of the Russian Federation. Bringing an organization to tax liability does not relieve officials of these organizations from administrative, criminal or other liability provided for by the laws of the Russian Federation.

Tax liability is exclusively of a property nature and consists of applying special financial sanctions to the violator - monetary fines.

4. Civil liabilitythis is a system of measures of a property nature, forcibly applied to violators of civil rights and obligations in order to restore the situation that existed before the offense. The system of civil liability measures includes two types of liability: compensation for losses (including compensation for moral damage) and sanctions. Based on the basis for the application of certain measures, civil liability is divided into contractual and non-contractual (liability for causing harm and unjust enrichment).

5. Financial responsibilitythis is the obligation of the employee or employer to compensate, in accordance with the procedure established by law and in certain amounts, for property damage caused through his fault to the other party to the employment contract.

6. Disciplinary responsibilitya sanction that is applied by the administration of an enterprise, institution, or organization to an employee in the form of a disciplinary sanction for a disciplinary offense.

For an individual, all of the listed types of legal liability are possible, and for a legal entity - only administrative (partial), tax, civil and material.

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Study of legal regulation of economic relations

Plan

• Introduction
• 1. Subject and method of economic (entrepreneurial) law
• 2. Principles of economic (entrepreneurial) law
• 3. Sources of economic (entrepreneurial) law
• 4. Economic relations
• Conclusion
• Bibliography

Introduction

Business law is a complex integrated branch of law, a set of legal norms that regulate, on the basis of a combination of private and public interests, relations in the sphere of organization, implementation of business activities and management of it.

Proponents of the concept argue that the independence of this industry is due to at least three factors. Firstly, entrepreneurial activity as a subject of regulation has a number of specific features that distinguish it from other spheres of human activity. Secondly, in addition to the private sphere, entrepreneurial activity exists and will continue to exist in the public sector of the economy. Thirdly, in modern conditions, a specific form of relationship between the state and the market has formed, in which the regulation of business activity requires special methods, often alien to private law due to the fact that they are based on public law, authority principles.

The study of legal regulation of economic relations determined the relevance of the topic of our research.

The purpose of our research is to study the legal regulation of economic relations.

To achieve the goal, the following tasks were solved:

1. Study the subject, method, principles and sources of economic (entrepreneurial) law.

2. Characterize economic legal relations.

The theoretical and practical significance of the study is dictated by the fact that the study of the legal regulation of economic relations is a priority task for training industry specialists.

Research methods - theoretical analysis of literary sources on the problem of studying the legal regulation of economic relations.

The structure of the work corresponds to the logic of research and includes an introduction, a theoretical part, a conclusion, and a list of references.

1. Subject and method of economic (entrepreneurial) law

The subject of the branch of economic (entrepreneurial) law is social relations, which are regulated by the rules of law. Three groups of such relations can be distinguished:

1) relations arising in the course of business activities (relationships of purchase and sale, rental, lending, pricing, etc.);

2) relations of a non-commercial nature, closely related to entrepreneurial relations. For example, such relationships develop at the stage of creating an economic entity, when carrying out the activities of a number of non-profit organizations (institutions, self-regulatory organizations);

3) relations on state regulation of certain aspects of business activity.

The subject of business law as an academic discipline is the study of the basic, basic concepts of business law, the history of its development, as well as the fundamentals of legal regulation of business and closely related relations.

The method of legal regulation is usually understood as a set of techniques and methods of influencing participants in legal relations to ensure their lawful behavior. Based on the specifics of the subject of business law, it can be noted that a method is used here that combines the features of several methods of legal regulation: the method of recommendations (dispositive method) in which business entities regulate their relations with the help of legal norms, choosing the most acceptable options for behavior; the method of mandatory regulations (imperative method) in which unambiguous requirements are established for the process of carrying out entrepreneurial activities, the rights and obligations of its participants; the method of autonomous decisions (coordination method), which is characterized by proposals coming from one of the parties to the legal relationship to establish a model of mutual rights, duties and responsibilities that will most fully correspond to the interests of both parties and will be implemented only if the other party agrees to this.

The listed methods are used in the regulation of specific legal relations that arise during the implementation of entrepreneurial activities, in close interaction. The method of business law is complex and combines the features of methods: mandatory regulations, autonomous decisions and recommendations.

2. Principles of economic (entrepreneurial) law

The principle of freedom of entrepreneurial activity is enshrined in Art. 8 and Art. 34 of the Constitution of the Russian Federation, which establishes: “Everyone has the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law.” Consequently, each citizen decides independently whether to engage in entrepreneurial activity or not, what organizational and legal form and type of entrepreneurial activity to choose, etc.

The principle of recognizing the diversity of forms of ownership, legal equality of forms of ownership and their equal protection is based on the provisions of paragraph 2 of Art. 8 of the Constitution of the Russian Federation: “In the Russian Federation, private, state, municipal and other forms of property are equally recognized and protected.”

The principle of a single economic space, which is expressed in the fact that, according to paragraph 1 of Art. 8 of the Constitution of the Russian Federation: “The free movement of goods, services and financial resources is guaranteed in the Russian Federation.”

The principle of maintaining competition and preventing economic activities aimed at monopolization and unfair competition. In accordance with paragraph 1 of Art. 8 of the Constitution of the Russian Federation in the Russian Federation guarantees support for competition and freedom of economic activity. Art. 34 of the Constitution of the Russian Federation also establishes a ban on economic activities aimed at monopolization and unfair competition.

The principle of balancing the private interests of entrepreneurs and the public interests of the state and society as a whole. In an effort to obtain maximum profit, entrepreneurs in some cases may not take into account the interests of the state and society as a whole. Various measures of state regulation of entrepreneurship make it possible to harmonize the interests of entrepreneurs and society.

The principle of legality. On the one hand, business activity itself must be carried out in strict compliance with the law. On the other hand, the state must ensure legality in the activities of state authorities and local governments in relation to business entities.

economic business law

3. Sources of economic (entrepreneurial) law

Sources of business law are various forms of expression and consolidation of the rules of law governing business relations. It is possible to identify a certain system of sources of economic law in which the place of each source is predetermined by its legal force.

Constitutional norms form the necessary prerequisites for entrepreneurial activity; predetermine the content, conditions and procedure for its implementation; determine the legal status of the entrepreneur, including his rights, duties, responsibilities, freedoms, and also establish their guarantees. Federal constitutional laws that reveal and detail the main provisions of the Constitution of the Russian Federation. The most important are the Federal Laws “On the Judicial System of the Russian Federation”, “On the Constitutional Court of the Russian Federation”, “On Arbitration Courts in the Russian Federation”, which define the system of judicial bodies that ensure the protection of violated rights and legitimate interests of subjects of business law.

Federal laws, among which a special place is occupied by codes (Civil, Tax, Budget, Arbitration Procedural, Criminal, etc.). Currently, there are a large number of federal laws regulating certain aspects of business activity.

Subordinate regulatory legal acts, among which are:

a) decrees of the President of the Russian Federation, designed to fill gaps in legislative regulation, as well as, if necessary, quickly develop legislative provisions;

b) decrees of the Government of the Russian Federation, which must be issued in pursuance and development of federal laws and decrees of the President of the Russian Federation;

c) regulatory legal acts of ministries and departments. Federal executive authorities are vested with the authority to issue, within their competence, normative legal acts that regulate in detail certain issues of entrepreneurial activity that are within the jurisdiction of the executive authority.

Regulatory legal acts of the constituent entities of the Russian Federation. Many issues are regulated at the level of constituent entities of the Russian Federation, which are empowered to issue regulatory legal acts that are valid in the territory of the constituent entity that issued them.

Economic and legal acts of local governments, which they issue based on Chapter. 8 of the Constitution of the Russian Federation and the Federal Law “On the General Principles of Local Self-Government in the Russian Federation”, exercising the right of ownership of property funds belonging to them.

Local (corporate) legal acts regulate relations arising within the organization as a business entity.

Generally recognized principles and norms of international law and international treaties of the Russian Federation, which are an integral part of the Russian legal system. International treaties of the Russian Federation, in accordance with Art. 15 of the Constitution of the Russian Federation, have greater legal force than laws establishing other norms for business relations.

4. Economic relations

Economic legal relations according to their design, objects and content can be classified as follows:

a) absolute property relations. An absolute property right that does not correspond with any specific subject is the right of ownership.

b) absolute-relative property relations. These include the right of economic management and the right of operational management. They are absolutely relative, because the subject of such right owns, uses and disposes of property “absolutely”, without adjusting his capabilities to anyone other than the owner with whom he is in a relative legal relationship.

c) absolute legal relations for conducting one’s own business activities. It is typical for such legal relations that they develop regarding the conduct of one’s own activities, which act as the object of the legal relationship.

d) non-property economic legal relations. Such legal relations arise regarding non-property benefits used by business entities in their activities, such as a company name, trademark, service mark, appellation of origin of goods, trade secrets, etc.

e) business obligations.

Conclusion

The subject of the branch of economic (entrepreneurial) law is social relations, which are regulated by the rules of law. The subject of business law as an academic discipline is the study of the basic, basic concepts of business law, the history of its development, as well as the fundamentals of legal regulation of business and closely related relations. The method of legal regulation is usually understood as a set of techniques and methods of influencing participants in legal relations to ensure their lawful behavior.

The principles of business law are general rules that determine the basis for the construction and development of business legal relations. They are formulated on the basis of knowledge of the objective laws (regularities) of the development and functioning of entrepreneurship as a type of social activity. A number of principles of business law are enshrined in the Constitution of the Russian Federation

Sources of business law are various forms of expression and consolidation of the rules of law governing business relations. It is possible to identify a certain system of sources of economic law in which the place of each source is predetermined by its legal force. Constitutional norms form the necessary prerequisites for entrepreneurial activity; predetermine the content, conditions and procedure for its implementation; etc.

Economic legal relations are understood as relations regulated by the norms of economic law that arise in the process of carrying out entrepreneurial activities, closely related non-commercial activities, as well as relations under state regulation of economic activities.

We consider our work completed, our goals and objectives achieved.

Bibliography

1. Anokhin V.S. Business law. - M., 2009. - 243 p.

2. Basics of business. Noble business /Ed. Yu.M. Osipova. - M., 2012. - 327 p.

3. Civil law. Textbook. / Ed. Alekseeva S.S. - M., 2009. - 275 p.

4. Civil law / Ed. A. P. Sergeev and Yu. K. Tolstoy. - M., 2010. - 276 p.

5. Civil law / Answer. ed. E. A. Sukhanov. - M., 2011. - 286 p.

6. Legal regulation of professional activities: Textbook. /Ed. A.S. Arakcheeva and D.S. Tuzova. - M., 2012. - 286 p.

7. Sork D.M., Zamorenova N.G., Belousov E.N. Legal regulation of economic activity. - M.: Masterstvo, 2011. - 432 p.

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