Topic 12. Fundamentals of legal regulation of economic activity

Legal regulation of economic relations

State regulation is one of the main forms of state participation in economic life, consisting in its direct or indirect impact on the distribution of resources and the formation of proportions. It is an integral element of the system of economic regulation of the modern economy, along with market and corporate regulation. The global transformation process is accompanied by a complication of the system of economic regulation in general and government regulation in particular. In countries with a mixed economy, diversification is carried out. Diversification - diversity, diversified development of forms and methods of government regulation. Their modern arsenal includes administrative and legal regulation, direct and indirect economic regulation.

Direct economic regulation uses various forms of non-repayable financing of sectors, industries, territories and enterprises. These are subventions or direct subsidies, which include various types of subsidies, benefits, additional payments from special budgetary and extra-budgetary funds at various levels (national, regional, local). This also includes preferential loans and tax breaks.

Indirect forms of economic regulation include levers of monetary, tax, depreciation, foreign exchange, foreign economic, incl. customs tariffs, policies, etc.

Administrative forms include various measures of rationing and allocation, licensing and quotas, control over prices, income, exchange rates, discount rates, etc.

The rights and freedoms of a person and citizen for economic activity may be limited, along with his other rights and freedoms, by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, and ensure defense country and state security (part 3 of article 55). Rights and freedoms in the field of economic activity established in Art. 27 (freedom of movement, choice of place of stay and residence), part 1 of Art. 34 (free use by everyone of their abilities and property for such activities), Art. 35 (rights of private property and inheritance), Art. 36 (ownership of land and other natural resources, freedom of possession, use and disposal of them), Art. 37 (freedom of labor), art. 42 (the right to a favorable environment), etc., may be limited in a state of emergency (Article 56). For foreigners and stateless persons who enjoy the rights and bear responsibilities on an equal basis with Russian citizens, additional restrictions may be established by federal law or an international treaty (see comments to Part 3 of Article 62).

The implementation of the constitutional unity of the economic space and, moreover, the state integrity of Russia may be hampered by an insufficiently clear and justified delimitation of state property, jurisdiction and powers between federal government bodies and government bodies of the constituent entities of the Russian Federation, as well as local governments. This is expressed in the fact that, on the one hand, federal bodies seek to take maximum resources from the constituent entities of the Russian Federation under their jurisdiction, transferring their responsibilities to these regions without sufficiently providing them with the necessary resources; Subjects of the Russian Federation sometimes act in a similar way in relation to local governments. Often, representatives of individual constituent entities of the Russian Federation argue that our “metropolis” is pursuing almost a “colonial” policy in relation to certain constituent entities of the Russian Federation. On the other hand, the authorities of these constituent entities of the Russian Federation and local governments are sometimes, in response, subject to justified “central” criticism from the authorities of the Russian Federation for their inability to effectively use all opportunities for the comprehensive socio-economic development of their regions, cities and districts.

The economic role of a legal, democratic, social state in a market economy comes down mainly to the implementation of three functions.

1. Legislative definition of the circle of subjects of law for certain types of economic activity, as well as its objects and the relationships between them, in other words, the legal rules by which economic activity is carried out.

2. Encouragement, protection and protection of socially and economically fair, expedient and legal forms of this activity (the behavior of its participants), carried out mainly through regulatory measures of a predominantly economic nature (increasing or lowering tax rates, bank interest on loans provided by state or semi-state banks, regulating prices for products and services produced under government orders, etc.), but within certain limits - and by governmental, non-economic measures, especially when solving complex labor, environmental, health and other social problems.

3. Distinction between two areas of activity of public authorities (i.e. state power and local self-government) - the exercise of power and economic activity characteristic of enterprises aimed at making a profit, except in cases where their combination is directly and justifiably permitted by law.

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 from 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 backdrop 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 transitional period of the history of the Russian state.

Item dissertation research compiled 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 interaction, 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, justification 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 is determined, 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 their contribution 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 for 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 into account this relationship 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, economics 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 type 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 to be 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 signs 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 characteristics: 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.”

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 work

Technical and economic relations involve 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 work

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.

Questions to study:

Sources of law regulating economic relations in the Russian Federation

Signs of entrepreneurial activity. Profit concept

The Importance of Entrepreneurship

Question No. 1 Sources of law regulating economic relations in the Russian Federation

The most important regulatory legal acts regulating business relations in Russia are:

Constitution of the Russian Federation. For entrepreneurship, of particular importance are those constitutional norms that establish the principles of legal regulation of the sphere of entrepreneurship.

So, in Art. 8, 34 of the Constitution of the Russian Federation enshrines the principle of freedom of entrepreneurial activity, according to which “Everyone has the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law.”

This principle was further developed in the Civil Code of the Russian Federation and in other legislative acts.

Of great importance is the constitutional principle of recognition of the diversity of forms of ownership, legal equality of forms of ownership and their equal protection, enshrined in Art. 8 of the Constitution of the Russian Federation. According to this principle, legislation cannot establish any privileges or restrictions for entities conducting business activities using property that is state, municipal or private property.

The same articles of the Constitution establish the provision that in the Russian Federation the “free movement of goods, services and financial resources” is guaranteed, competition is supported and economic activities aimed at monopolization and unfair competition are not allowed. Restrictions on the principle of a single economic space can be introduced only in accordance with federal law if this is necessary to ensure security, protect the life and health of people, protect nature and cultural values.

Civil Code of the Russian Federation(Civil Code of the Russian Federation).

This act contains many rules governing entrepreneurship, starting from the very concept of entrepreneurial activity, organizational and legal forms of its implementation, the legal regime of the property of entrepreneurs, and to fixing the structures of certain types of entrepreneurial contracts.

In addition to the Civil Code of the Russian Federation, the leading role in the system of sources of business law is played by federal laws the classification of which can be presented in the form of Scheme 1.

By-laws play a major role in regulating business activities. Among them, first of all, we should mention:

Decrees of the President of the Russian Federation And resolutions of the Government of the Russian Federation. A significant number of business law norms are also contained in regulatory acts of federal executive authorities, operating directly in the economic sphere, such as the Ministry of Finance of the Russian Federation (Ministry of Finance of Russia), the Ministry of Economic Development and Trade of the Russian Federation (Ministry of Economic Development of Russia), etc. In some areas of entrepreneurship, for example in the field of accounting and reporting, statistical reporting, the most detailed regulation relations is ensured precisely by acts of this level.

A number of normative legal acts of the USSR -- V unless they are canceled and do not contradict the current legislation of the Russian Federation.

Scheme 1 Federal laws regulating business activities

REGULATORY AND LEGAL ACTS OF THE FEDERAL LEVEL
Constitution of the Russian Federation consolidates the fundamental principles of business law
Civil Code of the Russian Federation contains a definition of entrepreneurial activity, rules on the legal status of business entities, the legal regime of the property of entrepreneurs, on obligations arising from contracts applied in the implementation of entrepreneurial activity
Federal laws (laws of the Russian Federation, Laws of the RSFSR)
Laws that determine the state of the market, for example, the Federal Law “On the Securities Market”, the Law of the Russian Federation “On Competition and Limitation of Monopolistic Activities in Commodity Markets”	Laws regulating the procedure for carrying out certain types of business activities, for example, Federal Law “On Advertising”, Federal Law “On Communications”
Laws defining the legal status of entities engaged in business activities, for example, Federal Law “On Joint-Stock Companies”, Federal Law “On Financial and Industrial Groups”
Other laws regulating business relations, for example, the Federal Law “On Insolvency (Bankruptcy”), the Federal Law “On the Privatization of State Property and the Basics of the Privatization of Municipal Property in the Russian Federation”
Scheme 2? Sources of business fundamentals
Subordinate legal acts
decrees of the President of the Russian Federation, for example, Decree “On streamlining state registration of enterprises and entrepreneurs on the territory of the Russian Federation”, Decree “On measures to streamline state regulation of prices (tariffs)”
Resolutions of the Government of the Russian Federation, for example, Resolution “On the Federal Export Development Program”, Resolution approving the “Regulations on licensing of certain types of auditing activities in the Russian Federation”
Acts of federal executive authorities, for example, “Regulations on accounting and financial reporting in the Russian Federation,” approved. by order of the Ministry of Finance of the Russian Federation, “Rules for certification of works and services in the Russian Federation,” approved. Resolution of the State Standard of the Russian Federation
REGULATORY AND LEGAL ACTS OF THE SUBJECTS OF THE RF
Acts of legislative authorities, e.g. Law of the city of Moscow “On the fundamentals of small business in Moscow”, Law of the Khanty-Mansiysk Autonomous Okrug “On regulation and control of prices in Khanty-Mansiysk a. O."
Acts of the highest executive authorities, for example, the order of the Moscow Mayor “On approval of the regulations on the Register of small businesses in Moscow”, Resolution of the Moscow Government “On approval of the Regulations on the procedure for applying economic sanctions for violation of the procedure for applying prices and tariffs and the conditions limiting them”
Regulatory acts of other executive authorities (departments, chambers, committees, etc.), e.g., Letter from the Moscow Licensing Chamber “On the list of types of activities licensed by the Moscow Licensing Chamber”

Scheme 3. Regulatory acts

Due to the federal structure of our state and in accordance with the Constitution of the Russian Federation, many areas of public life are regulated by normative legal acts of the constituent entities of the Russian Federation. Local government bodies also issue economic and legal acts based on Chapter. 8 of the Constitution of the Russian Federation, Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation.”

Great role and local regulations, adopted by business entities themselves in order to regulate their own business activities.

In addition to regulatory legal acts, sources of business law are business customs. In accordance with Art. 5 of the Civil Code of the Russian Federation, a business custom is recognized as a rule of behavior that has been established and widely used in any area of ​​business activity, not provided for by law, regardless of whether it is recorded in any document. Business customs are applied along with legislation and in cases where there is a gap in it (mainly in foreign trade, maritime transportation, etc.).

Finally, an integral part of the legal system of the Russian Federation are generally recognized principles and norms of international law and international treaties of the Russian Federation, both bilateral (on trade, economic cooperation) and multilateral. The Civil Code of the Russian Federation prevents possible conflicts between international and national legislation, while the issue is resolved in favor of the former.

Question No. 3 Signs of entrepreneurial activity. Profit concept

To get a complete picture of entrepreneurial activity, let’s consider all its features and compare these features with the features of another type of production (economic) relationship - wage labor relations.

Signs of entrepreneurial activity are:

independence;

focus on systematically generating profit;

risky nature.

independence entrepreneurial activity is manifested in its:

a) organizational independence

The entrepreneur in the sphere of his business has no other power over himself than his own, and does not depend on state bodies or any other persons. No one has the right to dictate his will, but no one is obliged to assist the entrepreneur in his activities: provide him with work, create normal working conditions, etc.

An employee is obliged to obey the employer:

Comply with the VTR rules established by the employer;

observe working hours and rest;

comply with labor standards, etc.

The employer is obliged to provide an employee with work, tools, a workplace and at the same time create proper working conditions that meet the norms of labor legislation.

b) initiative

The word "entrepreneur" originated in Russian and means to undertake, to decide to carry out some new task.

An entrepreneur, on his own initiative, determines the direction of his economic activity and the means of its implementation.

c) self-sufficiency (economic independence)

Organizational independence and initiative are possible only under the condition of economic independence, which gives the entrepreneur the possession of the means of production (land, production premises, machinery, equipment, transport, raw materials, etc.)

The means of production can belong to the entrepreneur either by ownership or by lease.

A hired worker does not possess the means of production, because he does not have sufficient funds to acquire them, or simply does not want to acquire them. Therefore, he is forced to hire a job from an entrepreneur, the owner of the means of production, who provides him with the specified means of production.

Thus, wage labor is labor dependent, but subordinate to the will of the owner. An employee does not work for himself, but for an employer, although he receives wages for his work.

focus on systematically generating profit

The main goal of entrepreneurial activity is to obtain income that would exceed production costs (production costs, or cost), i.e., profit.

Profit is the amount of the difference between income and the costs of obtaining it (or surplus value).

Entrepreneurial activity should be aimed at obtaining systematic profit, that is, carried out in the form of a business as a permanent source of income for entrepreneurs.

A one-time profit will entail entrepreneurial activity (sale of an apartment, shares). It is impossible to make a profit from the production of goods alone.

This definition refers to making a profit from the sale of goods, not from their production.

If a product is produced for sale, that is, for the purpose of making a profit, such activity, of course, is entrepreneurial.

risky nature

Entrepreneurial activity is carried out by the entrepreneur at his own risk.

Due to various circumstances beyond the will of the entrepreneur, his business expenses may not be justified; at best, he will not receive a profit; at worst, he will go bankrupt due to losses incurred. The occurrence of such adverse consequences constitutes its risk.

The activities of an employee are based on different principles.

An employee always has the right to claim wages, even if:

the manufactured products will not be in demand or sold;

failure to fulfill work duties is associated with downtime, production of defects through no fault of his own.

He retains his salary in full or in an amount of at least two-thirds of the tariff rate (salary) (Article 155-157 of the Labor Code of the Russian Federation).

Question No. 4 The meaning of entrepreneurial activity

The fact is that a necessary condition for success, and therefore the profitability of any business, is its competitiveness. Since many business entities can be engaged in the same type of activity, this leads to the fact that offer corresponding goods (works, services) on the market is gradually leveling out with demand on them. As a result, prices fall: in order to sell goods, entrepreneurs are forced to reduce them. When the production of a given product becomes unprofitable, there is an outflow of entrepreneurs from this sphere of economic activity and a redistribution of their personal energy and capital into another, not yet so saturated with goods (works, services) sphere. Another way is also possible. By rationalizing and reducing the cost of production, using less expensive raw materials and labor, the entrepreneur ensures that his costs for producing the same product are reduced.

As a result, he gets the opportunity to sell his goods at a lower price than other entrepreneurs, but have the same or even greater profit from this. Or vice versa: an entrepreneur, through the use of advanced technologies, new materials, etc., improves the quality of the goods he produces compared to other similar goods and thereby ensures increased demand for them. And with an increase in demand, prices increase, and therefore profits, which serves as the main incentive to further improve the quality of the goods produced. From the given examples illustrating the well-known economic law - the law supply and demand, it is clear that entrepreneurial activity with its initiative, free competition and the desire for profit contains the most important mechanism self-regulation market economy.

Thus, in modern society, entrepreneurial activity is not only a means of personal enrichment for entrepreneurs, the “pursuit of profit.” Such an understanding would be very simplistic, one-sided and far from the truth. Entrepreneurial activity is a necessary condition for continuous economic development, saturation of the market with goods necessary for the population, scientific and technological progress, and finally, strengthening the position of the state as a whole in the international arena.

In addition, taxation of business activities brings considerable income to the state, which then redistributes the funds received for social needs, paying salaries to public sector employees, etc. Therefore, solving these, as well as many other important economic and social problems, is possible only if the correct approach to regulation of business activities.

TOPIC 9. Features of legal regulation of future professional activities

1. Legal regulation of economic relations

2. Business entities

3. Ownership

4. Civil contract: general provisions

5. Economic disputes

6. Legal regulation of employment and employment

7. Social security of citizens

Recently, much attention has been paid to the problems of development and improvement of legal regulation of economic relations. Legal support for the formation and development of market relations should be based on some basic provisions, principles, approaches that can be used in improving and developing legal norms within specific legal sectors . Such important theoretical provisions in the field of legal regulation can be the principles of legal regulation of market relations.

Law in general is an official, state and, in this sense, public phenomenon. The legislator is a subject of public law, and it is he who determines the content of the norms of not only public but also private law. In other words, private law depends entirely on the will of the legislator and in this sense is of a public nature. Secondly, public law uses methods of private law (for example, an agreement as a way to coordinate the interests of the center and the constituent entities of the Russian Federation, between the constituent entities of the Russian Federation themselves), and private law contains quite a lot of mandatory norms.

Market economics is fundamentally based not on various forms of ownership, but on private property. This kind of action to seize property became possible as a result of insufficient elaboration of certain legislative acts, in particular, Federal Law of August 8, 2001 N 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs.” The lack of elaboration and detail of the provisions of this law has opened loopholes for unscrupulous persons to seize the property of legal entities chosen as victims. Raiders, as a rule, do not seek to develop the captured business; in any case, the sale of real estate, primarily land, brings in a much faster and significant income.

At the same time, the legislator must determine the conditions not only for nationalization, but also for further privatization. As is known, voucher privatization was carried out in Russia, which was imposed on the population, coupled with massive manipulations during the redistribution of property. The country's main resources, especially oil and gas, were effectively expropriated by the oligarchs. The acquisition of assets at bargain prices, and even with money borrowed from the state, is the main source of enrichment for the oligarchs. In fact, specific individuals were appointed as such. The new elite received assets practically for free.

Considering that the goal of privatization is to overcome the dependence of enterprise managers on politicians, privatization processes should develop within the framework of current legislation, first of all, Federal Law of December 21, 2001 N 178-FZ “On the privatization of state and municipal property.” During privatization, special attention should be paid to the legality and reliability of the sources of funds allocated to pay for the privatized property.

Of particular importance is solving the problem of private ownership of land. Despite the fact that land plots in accordance with Art. 129 of the Civil Code of the Russian Federation are recognized as an object of civil circulation, civil rights, and the Land Code of the Russian Federation practically allows the purchase and sale of land, the land issue has not been resolved. As noted by the Chairman of the State Duma Committee on Property V. Pleskachevsky, today the rules governing land relations are located in more than 200 laws and regulations, often contradicting each other, which, of course, complicates the process of acquiring and registering private ownership of land. The main question has also not been resolved: at what price should the land be sold, and to fundamentally resolve this issue, it is necessary to develop a policy regarding the privatization of land.

The transition to market relations in our country required the creation of antimonopoly legislation. In 1991, for the first time in the history of Russia, an antimonopoly legislative act was adopted - the RSFSR Law "On Competition and Restriction of Monopolistic Activities in Commodity Markets." For the first time in this Law the concept of “competition” was introduced. In 2006, instead of the above-mentioned Law, a new act was adopted - Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition”. The norms of antimonopoly regulation are also contained in many other federal laws: dated August 17, 1995 N 147-FZ “On Natural Monopolies”, dated December 8, 2003 N 164-FZ “On the Fundamentals of State Regulation of Foreign Trade Activity”, dated November 30, 1995 N 190-FZ “On financial and industrial groups”, dated June 14, 1995 N 88-FZ “On state support for small businesses in the Russian Federation”, etc. Moreover, many regulations are based on the principles of economic freedom and competition , recognized by the international community, as well as on the constitutional principle that guarantees the state’s provision of a single economic space, free movement of goods, services and financial resources (Article 8 of the Constitution of the Russian Federation). Unfortunately, antimonopoly regulation cannot be considered perfect. The Russian economy is one of the most monopolized in the world. The 24 largest financial and industrial groups control more than 30% of the entire national economy, and tariffs on monopoly products are growing 2-4 times faster than inflation. They are approved by the Government of the Russian Federation, paid for by increasing the costs of a particular sector of the economy and from the pockets of Russian citizens. Mining production is concentrated in the hands of one or two companies: nine enterprises account for 82% of oil production, two companies account for 100% of diamond production. It is obvious that such monopolists are not interested in further geological exploration and competition. We have a very specific, segmented, largely non-competitive banking sector - three state banks own 40% of all assets.

Recently, the Federal Antimonopoly Service has become more active in combating restrictions on competition. At the same time, it should be taken into account that the FAS Russia, which is not an independent body, is bound in its decisions by political realities.

fundamental economic rights are of a natural legal nature; they cannot be arbitrarily limited by the state. Economic freedom is not permissive, but is an integral and important part of human nature. However, we observe that, for example, some taxpayers are given benefits, others are not, some business entities are issued licenses for certain activities, others are not, some are given quotas, others are not, etc. The criteria for restricting the right to carry out this or that activity are very vague, and the solution to such problems depends on specific officials. Therefore, public legal regulation, firstly, should not interfere with the exercise of the right to economic activity and private initiative, and, secondly, the principle of equality between business entities of equal legal status must be observed. In other words, the implementation of basic economic rights and freedoms, private law principles of the economic life of society is impossible not only without an appropriate legislative decision, but also without the political will of the authorities. The principles of private law (equality of subjects of law, inviolability of property, freedom of contract, inadmissibility of arbitrary interference by anyone in private affairs, the need for the unhindered exercise of civil rights, etc.) allow subjects of law to independently and autonomously determine their will, their own behavior, which is necessary a condition for the development of market relations. Some principles of private law began to be applied in public law, for example, an agreement as a regulator of the relationship between the center and the constituent entities of the Russian Federation, and between the constituent entities of the Russian Federation themselves. The contract is the most important means of self-regulation in almost all areas of law. As for the role of the contract in market conditions, it is through the contract that elements of systematic organization are introduced into the spontaneous market mechanism both at the level of the economic entities themselves and the national economy as a whole.

Public law in the modern period, regulating economic relations, strives to combine, albeit inconsistently, state and public interests with private interests. It is no coincidence that one of the principles of public law is the principle of legal guarantee of the rights and freedoms of man and citizen. As you know, banking legislation now provides for the return of up to 400 thousand rubles to the depositor in the event of bank bankruptcy. This approach certainly protects private interests.

Article 3 of the Tax Code of the Russian Federation provides for the following principles of taxation: legality of taxation, universality and equality of taxation, proportionality, economic justification of taxation, unity of the Russian tax system, certainty of taxation. There are also principles that are not directly formulated in one or another article of the Tax Code of the Russian Federation, but they follow from the interpretation and meaning of the entire legislative act, for example, the principle of one-time taxation or individualization of tax liability, the principle of convenience and cheapness of tax collection, priority of collection from one source and etc.

The state and tax authorities have recently strengthened control over the payment of taxes, and rightly so. However, taxes are not just obligatory payments by taxpayers, they are payments made by business representatives, entrepreneurs, citizens for the services provided to them by the state - antimonopoly regulation, judicial protection of economic rights and freedoms, creation of equal conditions for all market participants, etc. The cost of these services is rising, but their quality is falling, which leads to tax evasion, capital flight abroad, low growth of investment in the economy, and other negative aspects.

In accordance with part 2 of Art. 75 of the Constitution of the Russian Federation, the main function of the Central Bank of the Russian Federation is recognized as protecting and ensuring the stability of the ruble. In Article 3 of the Federal Law of July 10, 2002 N 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)” this thesis is named one of the goals of the Central Bank of the Russian Federation and is completely transferred to the discretion of the Bank of Russia.

Legal regulation of economic relations related to

carrying out activities in seaports is based on regulations:

1) legislation on seaports is based on the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation;

2) activities in seaports are regulated by Federal Law of November 8, 2007 No. 261-FZ “On Seaports”, the Merchant Shipping Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

3) if an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty apply.

4) customs of the seaport that have developed and are widely used in the provision of services in the seaport and are not provided for by the legislation of the Russian Federation;

5) the Chamber of Commerce and Industry of the Russian Federation attests to the customs of the seaport;

6) the customs of the seaport must not contradict the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties of the Russian Federation, the Merchant Shipping Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.

7) services, the provision of which to users is usually carried out in the seaport and on the approaches to it in accordance with international treaties of the Russian Federation and the legislation of the Russian Federation