What is illegal business activity. Legal regulation of economic relations

What is entrepreneurial activity is described in paragraph 1 of Article 2 of the Civil Code of the Russian Federation. This is how it sounds:

“Civil law regulates relations between persons engaged in entrepreneurial activity, or with their participation, on the basis that entrepreneurial is an independent activity carried out at its own risk, aimed at the systematic receipt of profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law. "

What does this definition of entrepreneurial activity give us for understanding the essence of business?

And the following important points give us such a definition:

1. Entrepreneurial activity is an activity that can only be carried out by persons registered in the appropriate capacity in the manner prescribed by law. This means that if any person on the territory of the Russian Federation wants to carry out entrepreneurial activity, then first he needs to register with the relevant authorities, choosing from the list proposed by law a suitable organizational and legal status (the status of an individual entrepreneur or the status of a legal entity), which will allow in the future, legally engage in this activity. If you do not do this, but start and / or continue to engage in entrepreneurial activity, then, according to the laws of the Russian Federation, the violator of this requirement may be subject to administrative liability (clause 1, article 14.1. Of the Code of Administrative Offenses of the Russian Federation) and even criminal liability ( Article 171 of the Criminal Code of the Russian Federation). Conclusion: if you intend to do business in Russia, register with the authorities in the status permitted in Russia.

2. Business activities are carried out independently and at their own risk. This means that, having started doing business, the officially registered person must realize that in this activity he will have to rely only on himself, and not on the state, any organizations or specific individuals. It also means that all the risks associated with entrepreneurial activity will also have to be taken on, responding on them independently to any other persons, including under civil, administrative or criminal legislation. Conclusion: if you intend to do business, then you will conduct all activities yourself, being responsible for any negative consequences of your activities as well independently, as well as any of your partners, who are also officially registered persons engaged in entrepreneurial activities, conduct it on their own. risk. And if you, at the risk of starting a business, nevertheless received losses and / or even went bankrupt, then your business partners also took a risk in this case and received losses. Remember this.

3. Entrepreneurial activity is aimed at the systematic receipt of profit from the use of property, the sale of goods, the performance of work or the provision of services. This means that the officially registered person engaged in business does this in order to systematically make a profit through the sale of goods, the performance of work, the provision of services or the provision of their property for use by consumers. This is a very important point, since it determines that non-systematic profit making by selling goods, providing services or providing property for use to consumers is not considered by the legislation of the Russian Federation as an entrepreneurial activity. In addition, according to this provision, it is officially recognized that business activities by officially registered persons are carried out for profit, and not for something else. This is a very important point to get a clear understanding of the business. Compare entrepreneurial (commercial) activities with non-commercial activities. And you will find that these two activities differ in that the main purpose of entrepreneurial activity is to make a profit, whereas non-profit activity does not have such a goal as the main one. This also means that if an officially registered person in the framework of entrepreneurial activity produces and sells goods, provides services, performs work or provides property for use by consumers, but at the same time does not have a systematic profit from this activity, then this is "entrepreneurial activity" corresponding to its definition. Conclusion: if you intend to do business, make profit as the main goal of selling goods, providing services, performing work or providing property to consumers for use.

What does this term mean? If we turn to the information spelled out in the Civil Code, or, more precisely, in, then we can find a detailed definition: services by persons registered in this capacity in the manner prescribed by law ”.

This definition implies an ongoing activity aimed at generating income. Moreover, the phrase “income generation” does not mean a one-time profit, but a systematic one (which is received more than 2 times).

In order not to create problems for yourself with the current law, you should not engage in entrepreneurial activity without registration. Otherwise, it may happen that you will have to prove your rights in court.

Note:
For illegal entrepreneurial activity without registration of an individual entrepreneur, there is a criminal, administrative, tax liability. Moreover, each of these types of liability presupposes its own rules for fixing a violation.

Keep in mind that the facts that can prove your involvement in business activities are:

1. Exposition of examples and samples of products.
2. Purchase of goods in bulk, that is, not in a single quantity.
3. Concluding lease agreements for non-residential premises.
4. Testimonials of people who purchased products from you
5. Receipts for receiving funds.
6. Advertise your products.
7. Your bank account statements.

The letters of the Ministry of Finance indicate the signs that characterize entrepreneurial activity:

1. Accounting for transactions related to the implementation of transactions.
2. Communication of all completed transactions for a specific time.
3. Constant communication with contractors.
4. Acquisition of property, which will subsequently be used to make a profit.

And some more information on the topic

What is entrepreneurial activity?

If the purpose of your activity is to make a profit (even if it has not yet been achieved), then this fact indicates that you are still carrying out entrepreneurial activity.

As you know, an individual entrepreneur carries out activities under his own responsibility and at his own risk. And if you carry out the instructions of the management, then this activity cannot be called entrepreneurial.

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Entrepreneurial activity means the process of independent financial and economic activity aimed at making a profit from the production and / or sale of goods or the provision of any services.

Currently, there are 7 main features of entrepreneurial activity:

1. Consistency. The period of professional activity is correctly limited to a certain time frame and is characterized by the following criteria:

7. Professionalism. Any entrepreneurial activity presupposes that the company's employees have certain skills necessary for a high-quality organization and implementation of the work process. Today, unfortunately, such a requirement applies to only a few enterprises and firms. As a rule, the presence of education and other important signs of professionalism is of interest only to those private organizations whose activities involve obtaining special permits. However, it is possible that in the near future, a similar requirement will be put forward to other enterprises and corporations.

Despite the huge number of forms of entrepreneurial activity that exist today, most experts prefer to single out two main types of entrepreneurship: industrial and commercial.

The concept and features of entrepreneurial activity are the criteria that allow you to isolate entrepreneurship from other forms of economic activity. In this article, we will talk about the importance of these theoretical concepts for law enforcement practice.

What activities are considered entrepreneurial?

Entrepreneurial activity in the constitutional and legal sense is free, and the limits of freedom can only be established by law. The forms of such a restriction are a ban on certain types of activity or the introduction of permits, accreditation, licensing, etc. for certain types of entrepreneurial activity.

Entrepreneurial activity can be carried out in any economic sphere specified in OKVED2 OK 029-2014 (NACE, rev. 2), taking into account the restrictions established by law.

However, some activities that resemble entrepreneurship are not. For example, notarial activities (Fundamentals of RF Legislation on Notaries, approved by the RF Armed Forces on February 11, 1993 No. 4462-1), the activities of arbitration managers (the law "On Insolvency (Bankruptcy)" dated October 26, 2002 No. 127-FZ). In addition, advocacy carried out in accordance with the law "On advocacy and the legal profession in the Russian Federation" dated May 31, 2002 No. 63-FZ, advocacy is not entrepreneurial.

The definition of entrepreneurial activity contained in the legislation

Art. 34 of the Constitution of the Russian Federation indicates the right of everyone to invest their property and abilities in entrepreneurial activity, that is, it guarantees the individual's right to do business.

In order for entrepreneurial activity to be distinguished from other economic activity, it must have a number of specific features. The presence (absence) of signs of entrepreneurship in a specific activity is associated with the emergence (termination) of legal relations regulated by various branches of legislation (see clause 1 of the Resolution of the Plenum of the RF Armed Forces of November 18, 2004, No. 23). For example, it is not considered entrepreneurship to rent out temporarily unnecessary housing (Resolution of the RF Armed Forces dated 10.01.2012 No. 51-AD11-7).

The legal definition of the concept of entrepreneurial activity is contained in Art. 2 of the Civil Code of the Russian Federation. This is an activity related to the use of property, the sale of goods, etc. It is characterized by the following features:

• independence;
• associated with risk;
• focus on systematic profit.

Individuals engaged in entrepreneurial activities must be registered in the prescribed manner. In relation to some types of activity, similar to entrepreneurial, it is possible to carry out it without registering as an individual entrepreneur (clause 70 of article 217 of the Tax Code of the Russian Federation).

Signs of entrepreneurial activity

Business autonomy can be divided into:

• organizational - the ability to make independent decisions, choose the type of activity, the form of its implementation;
• property - the presence of their own property for doing business.

Entrepreneurial risk - the danger of losses in the form of losses or receiving less profit than calculated. Among the risks are:

• external - due to changes in the economic situation, market position, regulatory framework, etc .;
• internal - depending on the organization of activities, business management, personnel, etc.

An essential feature of entrepreneurship is its focus on systematic profit making. Moreover, it is not the fact of making a profit that is important, but the purpose of the entrepreneur (resolution of the FAS PO of 12/14/2012 in case No. A49-1675 / 2012). Clause 13 of the Resolution of the Plenum of the RF Armed Forces "On some issues ..." dated October 24, 2006 No. 18 indicates what evidence can confirm the fact of doing business.

State registration as a business entity is a prerequisite for the legalization of such activities. The lack of registration does not mean that a person carrying out activities that meet the listed criteria is not an entrepreneur. However, in this case, his activities are recognized as illegal (Article 14.1 of the Code of Administrative Offenses of the Russian Federation, Article 171 of the Criminal Code of the Russian Federation).

Thus, the legislation defines the concept of entrepreneurial activity, establishes requirements for its implementation (registration, obtaining licenses, etc.). All this is necessary to know for the competent application of the substantive norms of civil law, procedural norms and norms on responsibility.

Entrepreneurial activity is an independent activity carried out at one's own risk, aimed at the systematic extraction of profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law.

Signs of entrepreneurial activity

is aimed at systematic profit making
Entrepreneurship is systematic and often serves as a source of livelihood for those who carry it out.
is associated with risk
In general, this means imposing on the entrepreneur all possible negative consequences of entrepreneurial activity. These include the risks of lack of demand for goods, the result of work, services due to competition, incurring losses due to violation of their obligations by counterparties, changes in the conditions for carrying out activities, including tax legislation, etc.
carried out by persons registered in the prescribed manner
Entrepreneurial activity is legal only if it is carried out by persons (individual entrepreneurs, organizations) that have passed the state registration procedure. In other cases, entrepreneurial activity is illegal. For illegal entrepreneurial activity, administrative and criminal liability is provided.

The term "entrepreneurial activity" is synonymous with the concept of "business". Entrepreneurial activity, entrepreneurship, entrepreneur - concepts used in regulatory legal acts. The concept of "business" is used less frequently in legislation (for example, "gambling business"), and is used mainly in colloquial speech.

Features of entrepreneurial activity

Entrepreneurship as a special type of activity presupposes that the subjects of this activity have a certain way of thinking, a special style and type of economic behavior, an orientation towards innovation, the ability to attract and use resources from a wide variety of sources to solve the assigned tasks.

Entrepreneurship as an independent activity presupposes freedom and independence of the subjects of this activity in various directions:
choice of the type and scope of entrepreneurial activity;
choice of directions and methods of this activity;
making economic decisions and choosing the means of their implementation;
formation of production programs, selection of funding sources, suppliers of products and services, sources of labor resources;
selection of channels and methods of distribution;
the establishment of systems and amounts of remuneration, other types of income of persons working for hire;
setting the level of prices and tariffs for products and services;
disposal of profit (income) from entrepreneurial activity remaining after taxes and other mandatory payments.