Дата публикации: 25 сентября 2018
Автор: Yevgeny MULTYKH →
Публикатор: Шамолдин Алексей Аркадьевич
Рубрика: ПРАВО РОССИИ →
Номер публикации: №1537903177 / Жалобы? Ошибка? Выделите проблемный текст и нажмите CTRL+ENTER!
Yevgeny MULTYKH, (c)
by Yevgeny MULTYKH, Cand. Sc. (History), Assistant Professor, Transport Jurisprudence Department, State Technical University, Moscow
Business is a multitasking sphere of activity. This is common knowledge. A businessperson ought to have extraordinary abilities-a special frame of mind and mentality to begin with. He or she should be versed in legal enactments and bylaws. Such is the subject matter of the handbook Entrepreneurial Law (Forum Publishers, Moscow, 2007) approved by the Ministry of Education and Science of the Russian Federation as a teaching aid for students of senior and junior colleges. Its authors are Nikolai Makarov, a senior research fellow of the Federal Institute of the Advancement of Education, and Yevgeny Ryabov, deputy director of the Financial-Juridical College affiliated with the Moscow Academy of Economics and Law.
The authors began by enlightening readership on fundamentals of present-day business activity in Russia regarding it as a process whereby an actor expends a certain amount of physical and mental energy for the reproduction of material values and profit making from the use of property, sale of goods, execution of works or provision of services. These activities are legally sealed in the Constitution and Civil Code of the Russian Federation. Back in 1990 - 1991 lawyers and economists tabled a package of documents on a market economy and legal regulation of businesses in keeping with commonly accepted civilized standards. The RF State Duma (lower house of Parliament) endorsed these draft acts, namely on competition and restriction of monopolist activities on commodity markets; on enterprises and entrepreneurial activities; on property ownership in the Russian Federation, and other enactments, among them on privatization of state-owned and municipal enterprises. This legislation underpinned new economic realities that emerged in this country with the breakup of the USSR; it listed economic objects in state, municipal and private ownership; also, joint stock companies and partnerships, associations, concerns and other bodies.
As to the agrarian sector, peasant (farmer) homesteads were defined as a form of free commercial enterprise based on the principles of material profit and being a parity element of the domestic economic system alongside state-owned, collective, private, and other enterprises and organizations. Farmers could associate into cooperatives, partnerships, societies, and so forth, and also act as partners in nonagricultural economic structures, banks and insurance companies; they had a legal right to buy and sell securities.
The authors interpret some of the laws on investment activities that gained momentum here in Russia early in the 1990s. Among the objects of such activities are fixed and current assets, special-purpose cash deposits, R&D and intellectual products, proprietary rights, and so forth.
The authors give a detailed description of entrepreneurial activity and its subjects. These can be natural persons, including those without Russian citizenship ("stateless persons") and foreigners (nonresidents). Natural persons can launch or acquire enterprises, cooperate with other property owners, and act independently in production matters; they are entitled to choose suppliers and consumers at their discretion and fix prices depending on a market situation; they have freedom of external economic activity, too. In labor relations a businessperson signs labor contracts with hired workers. But he or she is obliged to pay fixed wages or salary regardless of the financial condition of the enterprise, and comply with the standards of social and medical insurance.
The other principal subject of entrepreneurial activity is embodied in juridical (artificial) persons, or legal entities, which are in ownership or in charge of property, and responsible for it. Falling within this category are small businesses supported by the state through preferential (soft) loans and terms for accelerated amortization of fixed assets, through favorable conditions for speedy turnover of current assets (money and stock-fuel supplies, raws, materials, semifinished or semimanufactured products, ready-made products and the like).
The authors provide an update on the present system of registration of natural and juridical persons, and regulation for cessation of their activity; legal regulation of property relations are likewise examined. A separate chapter deals with types of contracts (agreements) used in entrepreneurial activities concerning sale-and-pur-chase, rent-and-lease, contract, usufruct (right of user), loans, bank credit qualifications, bank deposit opening, trusteeship, commercial concession, provision of services, contracts for research, research-and-development and technological works.
The clear, straightforward style makes the book open to broad readership-both to the business community and to those who would like to start from scratch. The appendix gives good tips, and a set of forms and records for legal procedures.
This guidebook is instructive in many ways, it is an economic and legal vade mecum of present-day Russia and her ways.
Опубликовано 25 сентября 2018 года
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