Home Trees and shrubs 1 concept of the subject of commercial activity. Subjects and objects of commercial activity

Trees and shrubs

1 concept of the subject of commercial activity. Subjects and objects of commercial activity

The subjects of commercial law are persons who have the ability to have rights and fulfill obligations arising from trade relations, participating in trade turnover and bearing independent property liability.

Subject classification commercial activities functionally it is:

Manufacturers of products selling products both independently and through representatives;

Representatives of manufacturers, suppliers and resellers;

Consumers;

Entities that regulate and control trading activities.

The first group of citizens, registered individual entrepreneurs, and commercial organizations that manufacture products and sell them on their own. This group also includes non-profit organizations engaged in commercial activities. Carrying out such activities, they enter into trade relations, act as subjects of commercial law.

The second group of subjects of commercial law - representatives and resellers. Individual entrepreneurs and commercial organizations can act as intermediaries.

Of the non-profit organizations, only those whose charter provides for the possibility of engaging in trading activities can be intermediaries.

The third group of subjects of commercial law - consumers. In legal regulation, consumers, in turn, are divided into the following categories:

Industrial consumers using purchased goods, raw materials for their business activities;

Non-production consumers using purchased goods for economic non-entrepreneurial activities (non-profit organizations);

Citizens who purchase goods for personal, family, household and other similar needs.

Depending on the affiliation of consumers to one or another category, for example, the limit of liability of the supplier (seller) can be established, or the condition for the presence of guilt of the parties in case of non-performance or improper performance of the contract can be applied.

The fourth group of subjects of commercial law is the subjects that regulate and control trading activities. These include government and municipalities, government bodies and bodies local government, commercial and non-profit organizations that regulate the activities of their subdivisions, for example, unions (associations) of commercial organizations.

In the trade turnover of a particular product, different schemes for the movement of goods can be applied. All types of entities can participate in the turnover, and direct links between the producer and the consumer can also be used.

Since the days of the administratively planned economy, there has been a desire for long-term transactions that do not require immediate execution, which is reflected in the preservation of the number of contracts for direct relations between producers and consumers.

The global trend is associated with the desire to reduce the time gap between the conclusion of agreements and their execution. Hence the growing role of representatives and intermediaries who form various channels sales of goods, as well as expanding the functions of auxiliary participants in wholesale trade and types of legal means for the implementation of these functions.

The main types of representation in commercial activities include:

Representation carried out by employees of commercial organizations;

Commercial representation, carried out by various kinds of independent agents who enter into transactions on behalf of the represented and are with him in a permanent relationship.

Representatives of the first kind - employees of a commercial organization - are individuals acting on the basis of an employment contract, whose official function includes the representation of a commercial organization - the head, deputy heads, legal adviser, as well as persons who directly conclude the transaction: retailers, cashiers, etc. .d.

Those named are not entrepreneurs, as they:

They act not on their own behalf, but on behalf of a commercial organization, performing labor duties in accordance with their position;

Carry out activities not at their own risk and bear disciplinary rather than property liability for guilty illegal actions;

The main purpose of their activities is not to make a profit, they receive remuneration for their work;

They are not subject to state registration as entrepreneurs.

However, these representatives are subjects of commercial law, participating in trade turnover, having the ability to have rights and fulfill obligations arising from trade relations.

In addition, by participating in a trade transaction in excess of their official powers, they may be recognized as an independent party to the transaction in the event of subsequent disapproval by the represented person.

Representatives of the second number are persons (individuals or legal entities) who are not in official relations; entrepreneur. They themselves can be and, as a rule, are entrepreneurs, for example, an attorney in an agency agreement (clause 3, article 972 of the Civil Code of the Russian Federation).

In accordance with Art. 184 of the Civil Code of the Russian Federation, a commercial representative is a person who constantly and independently represents entrepreneurs when they conclude commercial transactions. A feature of commercial entrepreneurship is that a commercial representative can represent different sides in the transaction at the same time, but the following conditions must be met:

The parties have agreed to a simultaneous commercial representation;

This consent is expressed in powers of attorney or agreements between the representative and the parties and contains specific powers.

Commercial representatives are, as a rule, sales agents - representatives of the manufacturer, in a certain region selling the manufacturer's products, searching for potential buyers, negotiating, formalizing the transfer of products.

The peculiarity of the legal status of a representative under Russian law is that those persons who act, albeit in someone else's interest, but on their own behalf, are not recognized as representatives. As such, in paragraph 2 of Art. 182 of the Civil Code of the Russian Federation, in particular, commercial intermediaries are named.

Intermediaries and intermediary organizations carry out transactions for the purchase and subsequent sale of goods on their own behalf and at their own expense. At present, the share of intermediaries in the trade sector in Russia is insignificant, while in developed countries it reaches 75%.

Commercial intermediaries include:

Intermediary distributors who are granted exclusive or preferential rights to buy and resell certain goods or services within a specified territory or market;

Brokers or brokerage firms - members or participants of the commodity exchange, preparing and carrying out transactions on the exchange on behalf of clients. Their advantage is knowledge of market conditions, procurement and sales opportunities;

Dealers - intermediaries acting in trade turnover on their own behalf and at their own expense, being agents of large companies and included in their dealer network;

Wholesalers - resellers who own the infrastructure of the market (storage facilities, transport, pre-sale preparation workshops, information networks, etc.), who purchase large quantities of goods for their subsequent sale to retailers, as well as persons who purchase goods for business purposes or for economic use, except for household, family and other similar consumption;

Retailers - resellers selling goods by the piece or in small quantities for personal consumption (home, family and otherwise).

The commercial activities of individual entrepreneurs are regulated in the same manner as organizations. Features of legal capacity are as follows. According to the Civil Code of the Russian Federation (Article 23), individual entrepreneurs have general legal capacity. In accordance with the Law of the RSFSR dated December 7, 1991 No. 2000-1 “On the registration fee from individuals engaged in entrepreneurial activities and the procedure for their registration”, as well as based on the form and procedure for issuing a certificate approved by the Ministry of Finance of the Russian Federation, citizens can only engage in activities that are recorded in the registration certificate. Despite the fact that the Civil Code of the Russian Federation has a higher legal force, in the practice of regulation, the special legal capacity of individual entrepreneurs is applied.

Another feature associated with the trading activities of citizens. In trade transactions, a citizen who is not registered as an individual entrepreneur is not entitled to refer to the absence of such registration and is liable for obligations on an equal basis with entrepreneurs (higher).

Features of the trading activities of legal entities are also related to legal capacity. The Civil Code of the Russian Federation (Article 49) proceeds mainly from the establishment of general legal capacity for commercial organizations. Special laws on the regulation of specific types of activities (banking, leasing, stock exchange, etc.) establish, as a rule, special legal capacity for the subjects of this activity. For example, commercial organizations with the status of banking (credit) organizations, professional participants in the securities market and a number of others are not entitled to engage in trading activities. Exchanges are not entitled to produce products.

Citizens and legal entities may create commercial organizations in the form of business partnerships and companies, as well as in the form of a production cooperative.

feature full partnership is the full property (solidary-subsidiary) responsibility of the participants, because they are more trusted by counterparties. But since any of the participants can act on behalf of the partnership in transactions, it is desirable for a general partnership to have a small number of participants who know each other well. In this form, "family businesses" can be created. The advantage of a general partnership is the almost complete distribution of profits based on the results of work.

The economic significance of a limited partnership lies in the fact that some participants (contributors), as it were, lend to others (general partners), entrust them with certain funds for doing business, similar to a general partnership, in connection with which such an organization is called a limited partnership.

In Russia, the most common form of a limited liability company (LLC). It is based on the investment of personal funds in entrepreneurial activities in the absence of the actual responsibility of the founders. In case of bankruptcy of such a company, which often happens in Russian reality, the founders bear the risk of losses only in the amount of contributions to the authorized capital. At the same time, the founder has the opportunity to participate in the management of the company, that is, to influence the use of invested funds. This form is most suitable for creating small firms in the trading sector with a gradual increase in capital.

An additional liability company (ALC) differs from a limited liability company only in that the participants in such a company jointly and severally bear subsidiary liability in the amount of a multiple of their contribution, as a rule, more increased, additional. This type of society has not received distribution in practice.

Joint-Stock Company - corporate enterprise, the most adapted to the conditions of a modern market economy, it was widely used in the process of privatization of state and municipal enterprises. Joint-stock companies are divided into closed and open.

A closed joint stock company (CJSC) is created by closed subscription for shares between the founders. At its core, it is close to an LLC, however, the activity of a CJSC is more reliable, since in the event of a participant leaving the CJSC, the property of the company does not decrease.

An open joint stock company provides for the concentration of initial capital in order to create large-scale production or a large trading, other intermediary firm. The underdevelopment of the securities market in Russia prevents the wide entry of open joint-stock companies into our market.

Insufficiently developed in modern Russia is such a form of enterprise as a production cooperative, although this form is closest to the communal ideology of Russians, primarily in agriculture. Perhaps the main feature of production cooperatives is the obligation of members of the cooperative to take part in its activities.

The state, its subjects and municipalities create commercial organizations in the form of unitary enterprises based on the right of economic management and operational management of property. A feature of unitary enterprises is a special (statutory) legal capacity. IN founding documents such enterprises should contain information about the subject and goals of their activities.

The management of the enterprise is carried out by the director appointed by the state or municipal body. The property of the enterprise belongs to the state or municipality, is indivisible and cannot be distributed by contributions (shares, shares) among its employees.

Of the non-profit organizations, only those whose charter provides for the possibility of engaging in commercial activities can be producers and intermediaries.

The legal status of non-profit organizations is regulated by the Civil Code of the Russian Federation, the Law on Non-Profit Organizations dated January 12, 1996. The Law emphasizes that non-profit organizations do not have the goal of making a profit as the main goal of their activity, and if they make a profit, then it is not subject to distribution among the participants of the organization. The law determines the organizational and legal forms in which non-profit organizations are created.

Non-profit organizations, as a rule, can trade in goods related to the main purpose of the activities of such organizations. For example, educational institution may stipulate in the charter the possibility to engage in the sale of books and magazines, student furniture and other items related to education, but not the sale of alcoholic or tobacco products. A sports society has the right to include the purchase and sale of sporting goods in the scope of its activities.

In a number of foreign laws, non-profit organizations that have the right to engage in trading activities are referred to as small merchants, and in regulating transactions, they are subject to the rules as citizens who are not entrepreneurs, that is, less stringent. In order to apply liability measures to small merchants in the event of their failure to fulfill their obligations, it is necessary to establish guilt.

SAINT PETERSBURG UNIVERSITY FOR THE HUMANITIES

TRADE UNIONS

Krasnoyarsk branch

Specialty 021100

"jurisprudence"

Discipline: Commercial Law

Test

Topic: Business entities

Completed: student 5-YuSO

Checked by: Nazarenko V.A.

Krasnoyarsk 2008

PLAN

1. Classification of business entities 5

2. Features legal status individual entrepreneurs 8

3. Organizational and legal forms of commercial organizations 11

Full partnership. eleven

Faith partnership. 12

Limited Liability Company (LLC). 12

Additional Liability Company 13

Joint Stock Company (JSC) 13

Production cooperatives 14

State and municipal unitary enterprises 16

Conclusion 18

References 19

INTRODUCTION

The totality of enterprises in the economy forms its own sector. As you know, in a market economy, this sector takes the form of a sector of commercial organizations or an entrepreneurial sector.

Commercial entities are independent business units different forms property that pooled economic resources to carry out their commercial activities.

Commercial activities are understood as activities for the production of goods and the provision of services for third parties, individuals and legal entities, which should bring commercial benefits to the enterprise.

The commercial sector of the national economy usually consists of great amount enterprises that, for the purposes economic analysis grouped according to a number of essential features. The most common is the classification by form of ownership, size, nature of activity, industry affiliation, dominant factor of production, legal status.

The purpose of this work is to consider various participants commercial activities and features of their legal status in the exercise of their rights and obligations.

1. Classification of business entities

In legal theory, a subject of law is usually understood as a person or organization that is endowed with the ability to have subjective rights and legal obligations (i.e. legal capacity) encyclopedic Dictionary legal knowledge. M. 1965. S. 447. . Based on the prevailing understanding of the subject of law, subjects of commercial law are persons who have the ability to have rights and fulfill obligations arising from trade relations, participating in trade and bearing independent property liability. Determining the species diversity of subjects of commercial law, it should be noted that in modern legal literature there is no single, established approach to this issue. So, for example, in some publications, subjects of commercial law are divided into:

individual entrepreneurs;

General and limited partnerships;

Limited and additional liability companies;

Joint stock companies;

Production cooperatives;

State and municipal enterprises;

Non-profit organizations engaged in entrepreneurial activities Commercial Law: Textbook / A.Yu. Bushev, O.A. Gorodov, N.S. Kovalevskaya and others; Ed. V.F. Popondopulo, V.F. Yakovleva. - SPb., 1997. S. 88. .

In other publications, when classifying subjects of commercial law, the focus is on determining not so much the legal (organizational and legal form) as the functional type of the entrepreneur, determined by his place in the trade turnover and the main content of the activity Golyshev V.G. Commercial Law: Lecture Notes. M., 2005. S. 9. .

The classification of business entities according to functional characteristics is as follows:

Manufacturers of products selling products both independently and through representatives;

Representatives of manufacturers, suppliers and resellers;

Consumers;

Entities that regulate and control trading activities.

The second group of subjects of commercial law - representatives and resellers. Individual entrepreneurs and commercial organizations can act as intermediaries.

Of the non-profit organizations, only those whose charter provides for the possibility of engaging in trading activities can be intermediaries.

The third group of subjects of commercial law - consumers. In legal regulation, consumers, in turn, are divided into the following categories:

Industrial consumers using purchased goods, raw materials for their business activities;

Non-production consumers using purchased goods for economic non-entrepreneurial activities (non-profit organizations);

Citizens who purchase goods for personal, family, household and other similar needs.

The fourth group of subjects of commercial law is the subjects that regulate and control trading activities. These include state and municipal entities, state bodies and local governments, commercial and non-profit organizations that regulate the activities of their subdivisions, for example, unions (associations) of commercial organizations.

Legal entities that are commercial organizations can be created in the form of economic partnerships and companies, production cooperatives and unitary enterprises. The founding documents of a legal entity are its charter (joint stock company, production cooperative, unitary enterprise based on the right of economic management), foundation agreement (general and limited partnerships), foundation agreement and charter (limited liability company and additional liability company).

Commercial legal entities are subject to state registration in the manner prescribed by law. State registration data are included in the Unified State Register of Legal Entities, open to the public. A legal entity is considered established from the moment of its state registration. The legal capacity of a legal entity is its ability to have rights and bear obligations as a participant in commercial activities. With regard to the legal capacity of non-profit organizations as participants in commercial activities, the rule on special legal capacity applies.

The institution of special legal capacity is also applicable to unitary enterprises, the charters of which, in addition to the information specified in paragraph 2 of Article 48 of the Civil Code, must contain information about the subject and goals of the enterprise's activities, Article 113 of the Civil Code of the Russian Federation. .

2. Features of the legal status of individual entrepreneurs

Entrepreneurship is a special type of economic activity, which is understood as an activity aimed at making a profit, based on independent initiative, responsibility and an innovative entrepreneurial idea.

From a formal legal point of view, an entrepreneur is only a citizen who is engaged in entrepreneurial activity and is registered in this capacity by the state. At the same time, the Civil Code of the Russian Federation fixed the so-called presumption of entrepreneurial activity of a citizen. It consists in the fact that a citizen engaged in entrepreneurial activity, but not registered as an entrepreneur, is not entitled to refer to the transactions concluded by him with all this that he is not an entrepreneur. The court may apply the rules on obligations related to entrepreneurial activity to such transactions.

From the point of view of public law (criminal and administrative), entrepreneurial activity carried out by a person who is not registered as an entrepreneur is illegal entrepreneurship.

To acquire the status of an individual entrepreneur, a citizen must have the following characteristics of a subject civil law:

legal capacity (ability to have civil rights and bear obligations)

civil capacity (the ability to acquire and exercise civil rights by one's actions, to create civil obligations for oneself and fulfill them);

have a name;

have a place of residence.

The main feature is civil capacity. On this basis, citizens are divided into the following groups:

incapacitated - minors under 6 years of age and recognized by the court as suffering mental disorders that do not give the opportunity to understand the meaning of their actions or manage them;

not fully capable - minors from 6 to 14 years old and minors from 14 to 18 years old;

persons with limited capacity - recognized by the court as abusing alcohol or drugs;

fully capable - adults who have reached the age of 18, or emancipated.

Features of the status of an individual entrepreneur acting without the formation of a legal entity, in comparison with the general civil legal capacity of a citizen, are as follows:

1) this status is acquired from the moment of state registration of a citizen as an individual entrepreneur. A citizen who is actually engaged in entrepreneurial activity, but has not been registered, does not acquire the status of an individual entrepreneur. Therefore, disputes involving such citizens are not subordinate to the arbitration court, but to the court of general jurisdiction.

2) the rules of the Civil Code of the Russian Federation, which regulate the activities of legal entities that are commercial organizations, are accordingly applied to the entrepreneurial activities of these citizens, unless otherwise follows from the law, acts of the President and the Government of the Russian Federation or the essence of the legal relationship.

3) an individual entrepreneur has the right to conclude employment contracts. Persons working on employment contract are included in the number of creditors of an individual entrepreneur.

4) property disputes between individual entrepreneurs or between them and legal entities are under the jurisdiction of the arbitration court, but only related to entrepreneurial activity.

5) an individual entrepreneur who is unable to satisfy the claims of creditors related to the implementation of entrepreneurial activities by him may be recognized as insolvent (bankrupt) by a court decision.

6) the claims of creditors, in the event that an individual entrepreneur is declared bankrupt, are satisfied at the expense of his property.

At the same time, individual entrepreneurs have a lot in common with non-entrepreneurial citizens. This allows us to conclude that the legal status of individual entrepreneurs is on the border of the powers of ordinary citizens and commercial organizations.

Unlike legal entities, the property of an individual entrepreneur, constituting the objects of entrepreneurial activity, can be inherited. But the right to engage in entrepreneurial activity is not inherited. Considering that an individual entrepreneur in the legal field is between individuals and legal entities, one should be attentive to the spread of the norms of Russian legislation to him. In this regard, there is a different experience of the application of legislation in judicial practice with the participation of individual entrepreneurs. Resolution of the Presidium of the Supreme Arbitration Court RF No. 6641/97 dated August 25, 1998

3. Organizational and legal forms of commercial organizations

The legal capacity of legal entities, unlike citizens, even within the same organizational and legal form, is different. The legal capacity of a legal entity arises from the moment of its state registration. In addition, for certain types of activities defined by law, legal entities need to obtain a special permit - a license.

Under current legislation, all legal entities, including business organizations, are divided into two large groups.

The first includes those entrepreneurial organizations that have a general legal capacity. They may have civil rights and bear civil obligations necessary for the implementation of any types of entrepreneurial activities not prohibited by law. The circle of such legal entities includes commercial organizations (with the exceptions established by law. Making a profit for them is the main goal of their activity, they are professionally engaged in entrepreneurship. These include:

General partnership

A partnership is recognized as full, the participants of which (general partners), in accordance with the agreement concluded between them, are engaged in entrepreneurial activities on behalf of the partnership and are liable for its obligations, property belonging to them. The management of the activities of a general partnership is carried out by common agreement of all participants. As a rule, each participant in a general partnership has one vote. The participants jointly and severally bear subsidiary liability with their property for the obligations of the partnership.

General partnerships are predominantly Agriculture and service industries; as a rule, they are small-scale enterprises, the activities of which are quite easy to control.

Faith partnership

A limited partnership (limited partnership) is a partnership in which, along with the participants, who carry out entrepreneurial activities on behalf of the partnership and are responsible for entrepreneurial activities on behalf of the partnership and are liable for its obligations with their property (general partners). There are one or more participants-contributors (limited partners) who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of their contributions and do not take part in the implementation of entrepreneurial activities by the partnership.

Since this legal form allows attracting significant financial resources through an almost unlimited number of limited partners, it is typical for more large enterprises.

Limited Liability Company (LLC)

A company established by one or more persons is recognized as such, the authorized capital of which is divided into shares determined by the constituent documents; LLC participants are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the limits of the size (value) of their contributions. The authorized capital of an LLC is made up of the value of the contributions of its participants. The LLC is not bound by public liability. This legal form is most common among small and medium enterprises.

Additional Liability Company

A company whose members jointly and severally bear subsidiary liability for the obligations of the company with their property in the same multiple for all of the value of their contributions, determined by the founding documents of the company itself. Features of the responsibility of ALC participants and determined the existence of this organizational and legal form of commercial organizations

Joint Stock Company (JSC)

A company is recognized as such, the authorized capital of which is divided into certain number shares; JSC participants (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares.

A joint stock company whose members may alienate their shares without the consent of other shareholders is recognized as open. Such a joint-stock company has the right to subscribe for shares issued by it and their free sale on the terms established by law. An open joint-stock company is obliged to annually publish for general information the annual report, balance sheet, profit and loss account.

A joint stock company, the shares of which are distributed only among its founders or other predetermined circle of persons, shall be recognized as closed. The founding document of a joint-stock company is its charter. The authorized capital of a joint-stock company is made up of the nominal value of the shares of the company acquired by the shareholders. supreme body JSC management is the general meeting of shareholders. Benefits joint stock form enterprise organizations are: the ability to mobilize large financial resources; the ability to quickly transfer funds from one industry to another; the right to freely transfer and sell shares, ensuring the existence of companies, regardless of changes in the composition of shareholders; limited liability of shareholders; separation of ownership and control functions. Legal form joint-stock company is preferable for large enterprises where there is great need in financial resources.

Production cooperatives

A production cooperative (artel) is a voluntary association of citizens on the basis of membership for joint production activities based on their personal labor and other participation and the association of property shares by its members (participants). In Russia, they were known as artel associations Sukhanov E.A. Production cooperative as a legal entity // Economy and law. - 1998. - No. 4. .

A production cooperative is a commercial organization. The founding document of a production cooperative is its charter, approved by the general meeting of its members. The number of members of the cooperative must not be less than five. The property owned by the PC is divided into shares of its members in accordance with the charter of the cooperative. The cooperative is not entitled to issue shares. A member of a cooperative has one vote in making decisions by the general meeting.

A special kind of commercial organizations are subsidiaries and dependent business companies. A business company is recognized as a subsidiary if another (main) business company or partnership, by virtue of its predominant participation in its authorized capital, or in accordance with an agreement concluded between them, or otherwise, has the ability to determine decisions made by such a company. A business company is recognized as dependent if another (predominant, participating) company has more than 20% of the voting shares of the joint-stock company or 20% authorized capital limited liability companies.

The second group includes legal entities - holders of special legal capacity. The essence of special legal capacity is that its holders can have only those civil rights that correspond to the goals of the activity provided for in their constituent documents, and bear the obligations associated with this activity. This group consists of:

a) commercial organizations, which, by way of exception from general rule do not have general legal capacity (state and municipal unitary enterprises and other types of organizations provided for by law, such as banks, insurance organizations). Unitary enterprises, as well as other commercial organizations in respect of which special legal capacity is provided, are not entitled to make transactions that contradict the goals and subject of their activities, determined by law or other legal acts. Such transactions are void.

The state and other public legal entities as subjects of commercial law have legal capacity and legal capacity. Moreover, the legal capacity of these subjects in the field of commercial law as part of civil law is Special Subjects civil law. - M., 1984. S.270. .

The state and administrative-territorial formations should be classified as special, different from citizens and legal entities, participants (subjects) of commercial legal relations.

State and municipal unitary enterprises

A unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner.

Some enterprises (the majority of them) own property on the right of economic management, and others - on the right of operational management. The legislation establishes the types of activities that can be carried out exclusively state enterprises(production of weapons and ammunition, narcotic and nuclear substances, processing precious metals and radioactive elements, etc.).

b) non-profit organizations (making a profit is not their main goal, and the profit received is not divided among the participants of the organization). These include: consumer cooperatives (they are the only type of non-profit organization in which income received from entrepreneurial activity is distributed among its members); public or religious organizations (associations) financed by the owner of the institution; charitable and other foundations; other organizational and legal forms provided by law. In particular, the Federal Law "On non-profit organizations" dated January 12, 1996 No. two such forms have been introduced: a non-profit partnership and an autonomous non-profit organization.

Non-profit organizations can be created to achieve social, charitable, cultural, educational, scientific and managerial goals, in order to protect the health of citizens, develop physical education and sports, meeting the spiritual and other non-material needs of citizens, protecting the rights, legitimate interests of citizens and organizations, resolving disputes and conflicts, providing legal assistance, as well as for other purposes aimed at achieving public goods. It must be emphasized that non-profit organizations can carry out entrepreneurial activities only insofar as it serves to achieve the goals for which they were created, and corresponding to these goals. Such activity is the profitable production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as a contributor. A non-profit organization keeps records of income and expenses for entrepreneurial activities.

Conclusion

Even a brief legal description of legal entities, including individual entrepreneurs, indicates that they are the main driving force reformed Russian economy.

In legal regulation and in practice, in order to avoid errors in determining the status of business entities and misunderstandings in the relationship of authorities with them state power and local governments, it is necessary to correctly understand the relationship between commercial activities and related activities, in particular entrepreneurial activities. Commercial activity is an ambiguous concept. In the narrow sense of the word, it means the implementation of trade, for example, retail sales. In a broad sense (and this is enshrined in legislation), commercial activities include activities that set profit as their main goal.

Thus, every commercial activity is entrepreneurial, but not every entrepreneurial activity is commercial. Their difference in the goals of activity: "systematic profit" characterizes entrepreneurial, and "the main goal - profit" - commercial activity.

A clear distinction between entrepreneurial and commercial activities, as well as delimiting them from other non-entrepreneurial activities, is of great practical importance. The possibility of the emergence and functioning of some legal relations the law makes it directly dependent on the respective status of the parties - subjects of commercial or other activities. Knowledge of the legal status of the subject makes it possible to prevent offenses in this area of relations.

List of used literature

Constitution of the Russian Federation. M., 2005.

Civil Code Russian Federation.M., 2006.

The subjects of commercial activity are legal entities and individuals who have the right to carry it out.

A subject of law is commonly understood as a person or organization that is endowed with the ability to have subjective rights and legal obligations (i.e.

legal capacity). Based on the prevailing understanding of the subject of law, subjects of commercial law are persons who have the ability to have rights and fulfill obligations arising from trade relations, participating in trade and bearing independent property liability. Determining the species diversity of subjects of commercial law, it should be noted that in modern legal literature there is no single, established approach to this issue. So, for example, in some publications, subjects of commercial law are divided into:

individual entrepreneurs;

general and limited partnerships;

Limited and additional liability companies;

joint-stock companies;

production cooperatives;

state and municipal enterprises;

non-profit organizations engaged in entrepreneurial activities.

The classification of business entities according to functional characteristics is as follows:

Manufacturers of products selling products both independently and through representatives;

· representatives of manufacturers, suppliers and resellers;

· consumers;

entities that regulate and control trading activities.

The second group of subjects of commercial law - representatives and resellers. Individual entrepreneurs and commercial organizations can act as intermediaries.

Of the non-profit organizations, only those whose charter provides for the possibility of engaging in trading activities can be intermediaries.

The third group of subjects of commercial law - consumers. In legal regulation, consumers, in turn, are divided into the following categories:

· industrial consumers using purchased goods, raw materials for their business activities;

non-production consumers using purchased goods for economic non-entrepreneurial activities (non-profit organizations);

Citizens purchasing goods for personal, family, household and other similar needs.

SAINT PETERSBURG UNIVERSITY FOR THE HUMANITIES

TRADE UNIONS

Krasnoyarsk branch

Specialty 021100

"jurisprudence"

Discipline: Commercial Law

Test

Topic: Business entities

Completed: student 5-YuSO

Checked by: Nazarenko V.A.

Krasnoyarsk 2008

PLAN

1. Classification of business entities .............................. 5

2. Features of the legal status of individual entrepreneurs 8

3. Organizational and legal forms of commercial organizations....... 11

General partnership .............................................................. .................................. eleven

Fellowship in Faith ....................................................... .................................... 12

Limited Liability Company (LLC) .............................................. 12

Additional Liability Company....................................................... 13

Joint Stock Company (JSC) .............................................. ............................ 13

Production cooperatives .................................................................. ................. fourteen

State and municipal unitary enterprises.............................. 16

Conclusion................................................. .......................................... eighteen

List of references .............................................. 19

The totality of enterprises in the economy forms its own sector. As you know, in a market economy, this sector takes the form of a sector of commercial organizations or an entrepreneurial sector.

Commercial entities are independent economic units of different forms of ownership that have combined economic resources to carry out their commercial activities.

The commercial sector of the national economy usually has a huge number of enterprises, which, for the purposes of economic analysis, are grouped according to a number of significant features. The most common is the classification by form of ownership, size, nature of activity, industry affiliation, dominant factor of production, legal status.

The purpose of this work is to consider various participants in commercial activities and the features of their legal status in the exercise of their rights and obligations.

In legal theory, a subject of law is usually understood as a person or organization that is endowed with the ability to have subjective rights and legal obligations (i.e. legal capacity). Based on the prevailing understanding of the subject of law, subjects of commercial law are persons who have the ability to have rights and fulfill obligations arising from trade relations, participating in trade and bearing independent property liability. Determining the species diversity of subjects of commercial law, it should be noted that in modern legal literature there is no single, established approach to this issue. So, for example, in some publications, subjects of commercial law are divided into:

individual entrepreneurs;

General and limited partnerships;

Limited and additional liability companies;

Joint stock companies;

Production cooperatives;

State and municipal enterprises;

Non-profit organizations engaged in entrepreneurial activities.

The classification of business entities according to functional characteristics is as follows:

Manufacturers of products selling products both independently and through representatives;

Representatives of manufacturers, suppliers and resellers;

Consumers;

Entities that regulate and control trading activities.

The second group of subjects of commercial law are representatives and resellers. Individual entrepreneurs and commercial organizations can act as intermediaries.

Of the non-profit organizations, only those whose charter provides for the possibility of engaging in trading activities can be intermediaries.

The third group of subjects of commercial law is consumers. In legal regulation, consumers, in turn, are divided into the following categories:

Industrial consumers using purchased goods, raw materials for their business activities;

Non-production consumers using purchased goods for economic non-entrepreneurial activities (non-profit organizations);

Citizens who purchase goods for personal, family, household and other similar needs.

Under current legislation, all legal entities, including business organizations, are divided into two large groups.

The first includes those entrepreneurial organizations that have a general legal capacity. They may have civil rights and bear civil obligations necessary for the implementation of any types of entrepreneurial activities that are not prohibited by law. The circle of such legal entities includes commercial organizations (with the exceptions established by law. Making a profit for them is the main goal of their activity, they are professionally engaged in entrepreneurship. These include:

General partnerships are characteristic mainly for agriculture and the service sector; as a rule, they are small-scale enterprises, the activities of which are quite easy to control.

Since this legal form allows attracting significant financial resources through an almost unlimited number of limited partners, it is typical for larger enterprises.

A company is recognized as such, the authorized capital of which is divided into a certain number of shares; JSC participants (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares.

A joint stock company, the shares of which are distributed only among its founders or other predetermined circle of persons, shall be recognized as closed. The founding document of a joint-stock company is its charter. The authorized capital of a joint-stock company is made up of the nominal value of the shares of the company acquired by the shareholders. The supreme governing body of a joint-stock company is the general meeting of shareholders. The advantages of the joint-stock form of organization of enterprises are: the possibility of mobilizing large financial resources; the ability to quickly transfer funds from one industry to another; the right to freely transfer and sell shares, ensuring the existence of companies, regardless of changes in the composition of shareholders; limited liability of shareholders; separation of ownership and control functions. The legal form of a joint-stock company is preferable for large enterprises where there is a great need for financial resources.

A special kind of commercial organizations are subsidiaries and dependent business companies. A business company is recognized as a subsidiary if another (main) business company or partnership, by virtue of its predominant participation in its charter capital, or in accordance with an agreement concluded between them, or otherwise, has the ability to determine decisions made by such a company. A business company is recognized as dependent if another (predominant, participating) company has more than 20% of the voting shares of a joint-stock company or 20% of the charter capital of a limited liability company.

a) commercial organizations that, as an exception to the general rule, do not have general legal capacity (state and municipal unitary enterprises and other types of organizations provided for by law, such as banks, insurance organizations). Unitary enterprises, as well as other commercial organizations, in respect of which special legal capacity is provided, are not entitled to make transactions that contradict the goals and subject of their activities, defined by law or other legal acts. Such transactions are void.

The state and administrative-territorial formations should be classified as special, different from citizens and legal entities, participants (subjects) of commercial legal relations.

A unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner.

Some enterprises (the majority of them) own property on the right of economic management, and others on the right of operational management. Legislation establishes the types of activities that can be carried out exclusively by state-owned enterprises (production of weapons and ammunition, narcotic and nuclear substances, processing of precious metals and radioactive elements, etc.).

Non-profit organizations can be created to achieve social, charitable, cultural, educational, scientific and managerial goals, in order to protect the health of citizens, develop physical culture and sports, meet the spiritual and other non-material needs of citizens, protect the rights, legitimate interests of citizens and organizations, resolve disputes and conflicts, providing legal assistance, as well as for other purposes aimed at achieving public benefits. It must be emphasized that non-profit organizations can carry out entrepreneurial activities only insofar as it serves to achieve the goals for which they were created, and corresponding to these goals. Such activity is the profitable production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as a contributor. A non-profit organization keeps records of income and expenses for entrepreneurial activities.

Even a brief legal description of legal entities, including individual entrepreneurs, indicates that they are the main driving force behind the reformed Russian economy.

In legal regulation and in practice, in order to avoid errors in determining the status of business entities and misunderstandings in the relationship of state authorities and local governments with them, it is necessary to correctly understand the relationship between commercial activity and related activities, in particular entrepreneurial activity. Commercial activity is an ambiguous concept. In the narrow sense of the word, it means the implementation of trade, for example, retail sales. In a broad sense (and this is enshrined in legislation), commercial activities include activities that set profit as their main goal.

A clear distinction between entrepreneurial and commercial activities, as well as delimiting them from other non-entrepreneurial activities, is of great practical importance. The law puts the possibility of the emergence and functioning of certain legal relations in direct dependence on the respective status of the parties - subjects of commercial or other activities. Knowledge of the legal status of the subject makes it possible to prevent offenses in this area of relations.

1. Constitution of the Russian Federation. M., 2005.

2. Civil Code of the Russian Federation. M., 2006.

3. Comment to Civil Code Russian Federation, part two (item-by-article). / Under the editorship of O.N. Sadikova. M., 1998.

5. Golyshev V.G. Commercial Law: Lecture Notes. M., 2005.

6. Commercial Law: Textbook / A.Yu. Bushev, O.A. Gorodov, N.S. Kovalevskaya and others; Ed. V.F. Popondopulo, V.F. Yakovleva. - St. Petersburg, 1997.

7. Commercial Law of the Russian Federation: Textbook / B.I. Puginsky. - 3rd ed. - M., 2005.

8. Commercial law. Textbook. Part 2 / Ed. V.F. Popondopulo, V.F. Yakovleva. - M., 1998.

9. Stankevich N.G. Commercial law. Grodno, 2002.

10. Subjects of civil law. - M., 1984.

11. Sukhanov E.A. Production cooperative as a legal entity // Economy and law. - 1998. - No. 4.

12. Shershenevich G.F. Textbook of commercial law. - M., 1994.

13. Encyclopedic dictionary of legal knowledge.M. 1965.

Encyclopedic dictionary of legal knowledge. M. 1965. S. 447.

Commercial Law: Textbook / A.Yu. Bushev, O.A. Gorodov, N.S. Kovalevskaya and others; Ed. V.F. Popondopulo, V.F. Yakovleva. - SPb., 1997. S. 88.

Golyshev V.G. Commercial Law: Lecture Notes. M., 2005. S. 9.

Article 113 of the Civil Code of the Russian Federation.

Sukhanov E.A. Production cooperative as a legal entity // Economy and law. - 1998. - No. 4.

Subjects of civil law. - M., 1984. P.270.

Trade turnover is a system of relations between participants in civil turnover in the field of trade, in this sense, the subjects of trade turnover act as functional elements of this system. Trading companies or individual merchants are considered as the main subject of trade turnover. With this in mind, in many countries where commercial law exists as an independent branch and trading activity is codified, the concept of "merchant" is known in the literature on commercial law when determining the subjects of commercial relations.

In foreign legislation, a clear distinction is made in the regulation of the activities of merchants and non-commercials, respectively. These distinctions primarily apply to such countries of the continental system of law as France, Germany, Spain and Belgium, as well as to a number of Latin American and other states of the Romano-Germanic system of law. Legislation of states with unified system private law, in particular the United States and England, as well as countries English system law, such as Italy, the Netherlands, Switzerland and some others, as a rule, the formal legal concept of a merchant and a commercial transaction is unknown. By definition, B.I. Puginsky, any person who trades in goods in the form of entrepreneurship can be called a merchant. In the broad sense of the word, any entrepreneur is a businessman. It is this understanding of commercial activity and the merchant that is laid down in the commercial codes of a number of states. Yes, Art. L.121-1 of the French Commercial Code defines: "Merchants are persons who carry out commercial acts in the course of their ordinary professional activity". A detailed list of types of entrepreneurial activity, which merchants are engaged in, is contained in the first section "Merchants" of the first book "The Trading Estate" of the German Commercial Code.

In the United States, the Uniform Commercial Code (UCC) in Art. 2-104 defines a merchant as a person who transacts with goods of a certain kind or who can be regarded as possessing special knowledge and experience in relation to the subject of the transaction by the nature of their occupation, the nature of their behavior or the use of an intermediary. As a general rule, due to the lack of necessary knowledge and skills regarding the subject of a transaction in relations with a merchant, a non-merchant as weak side of the contract, due to the general legal requirements of equality and justice, is provided with increased protection from the state.

The systematization of the types of subjects of commercial law can be continued by proposing their classification according to the objects of trade: 1) universal subjects of commercial law, which can carry out any commercial activity without restrictions; 2) oriented subjects of commercial law that deal directly with a certain type of product or carry out a narrowly focused type of activity (for example, enterprises - procurement of agricultural products, gas storage facilities, transport organizations, insurers, etc.); 3) specialized subjects of commercial law, for the implementation of whose activities it is necessary special permission(for example, licensing). Such entities include persons engaged in the sale of medicines and narcotic drugs, weapons, pesticides, and others. Specialized subjects of commercial law can also include state and municipal entities acting in commercial circulation with control and supervisory functions.

Subjects of commercial law can also be systematized according to the organizational and legal form in which they carry out their activities: 1) individual entrepreneurs; 2) peasant farms; 3) business partnerships; 4) business companies; 5) consumer cooperatives; 6) subjects of the Russian Federation; 7) territorial and municipal formations; 8) associations of subjects of commercial activities of various organizational and legal forms: simple partnerships; artels, consortiums, syndicates, guilds, pools; associations and unions, holdings; trading houses.

Of greatest importance is the classification of commercial entities in accordance with the system of commercial contracts.

In legal literature great importance is attached to the differentiation of civil law contracts into types, types and varieties. As a general rule, the type of contract is a chapter in the Civil Code of the Russian Federation, for example, Ch. 30 - "Purchase and sale". The type of contract is the corresponding paragraph in the chapter, for example § 3 - "Supply of goods". In the legislation of foreign countries, trade agreements are classified according to two main features: 1) according to the content of the obligation, which provides for the alienation of goods for compensation (France, Spain); 2) on the basis of its conclusion by a merchant (Germany, Japan). The division of commercial contracts into the corresponding types in the Russian Federation is based on other criteria based on the legal and economic classification of civil law contracts established by the Civil Code of the Russian Federation. As mentioned above, the main qualifying feature of any commercial transactions is their direct connection with the material condition of contracts on the subject - goods. The object of a commercial contract, which is the activity of the obligated parties to the contract, which is supposed at the conclusion of the contract, may have a different content. However, not all types of contracts named in the Civil Code of the Russian Federation can be classified as commercial contracts. Contracts that do not mediate the movement of goods through wholesale markets cannot be classified as commercial contracts.

On the other hand, in the commercial turnover, the number of transactions (contracts) that are not mentioned in the Civil Code of the Russian Federation but are directly related to the trade turnover is increasing. This trend is called "commercialization of trade". Among such contracts are the contract of wholesale purchase and sale, contracts for the manufacture of promotional products, for the provision of marketing services, commercial mediation and commissions, and others.

1. The basis of commercial turnover is the resale of goods with a speculative purpose (i.e. for the purpose of making a profit). This is achieved by transferring the product from one wholesaler to another up to the wholesale consumer, who sells this product to the final consumer in the retail market. The transfer of ownership of goods is carried out on the basis of alienation contracts, the central of which is the contract of sale as a genus and some of its types. The possibility of using certain types of sales contract in commercial circulation is influenced by several factors:

1) features of the subject composition of the contract, excluding it from a number of commercial contracts. For example, in a retail sale and purchase agreement, the buyer is a citizen-consumer, and not a professional entrepreneur, which does not allow classifying this type of agreement as a commercial agreement. This does not mean that commercial law should not take into account the interests of end users. The rights of consumers must be observed not only at the stage of sale of finished goods, but also at the stage of production and wholesale of goods;

2) the need to individualize some objects of civil rights makes it impossible for them to participate in the wholesale turnover. On this basis, for example, an annuity agreement, also related to alienation agreements, cannot be recognized as a commercial agreement;

3) in addition to individualization, in some cases it is necessary to carry out registration actions in relation to material condition on the subject of the contract on the grounds of Art. Art. 130 and 131 of the Civil Code of the Russian Federation, which does not allow the wholesale sale of certain types of objects of civil rights. For this reason, contracts for the sale of real estate and the sale of an enterprise cannot be classified as commercial contracts;

4) the specifics of the legal regime for organizing the sale of certain types of goods, in particular, the application of the rules of monopoly legislation to sales contracts, state regulation prices, the establishment of a number of regulations and rules in the implementation of purchase and sale transactions so sharply restrict the freedom of entrepreneurship that it does not allow classifying some types of such contracts as commercial contracts (for example, an energy supply contract).

Based on this, commercial alienation agreements can be considered: supply agreement, contracting agreement, exchange agreement. This group also includes some contractual structures not named in the Civil Code of the Russian Federation, for example, a distribution agreement and dealer agreements.

The transfer of property for temporary use, aimed at making a profit and carried out by professional entrepreneurs, corresponds to most of the features of commercial contracts, except for one - the purpose of the contract. The main purpose of any commercial contract is ultimately the resale of goods, i.e. his alienation. The transfer of property for temporary use is not intended to alienate property and involves its return to the owner. Therefore, lease agreements, trust management agreements, loans cannot be classified as commercial agreements.

2. In civil circulation, there is a special type of provision of services, which is associated with the implementation of one of the parties to the contract of representative or intermediary functions.

A number of civil law contractual structures, the object of which is the performance of work, as a legal result, involves the emergence or transformation of material goods, which are a necessary element for the promotion of goods on wholesale markets. Such works include technological work(for example, for setting up and setting up goods), marketing research, assuming as a result a certain product for the study of commodity markets, rigging, work on the production of promotional products. However, not all types of work provided for by the Civil Code of the Russian Federation can be regarded as commercial contracts. For example, household and construction contracts are not directly related to the function of promoting goods on the markets, so they should not be classified as commercial contracts. The same applies to the contract for state and municipal needs, as well as the implementation of research, development work and the development of new technologies.

4. Separately, one should classify such important category commercial transactions, like stock transactions. Depending on the characteristics of the supply of goods during exchange trading, transactions may be concluded in relation to real goods, non-standard contracts for the supply of goods, real goods with deferred delivery (forward transactions), standard contracts for the supply of exchange goods (futures transactions), transactions related to the assignment rights to a future transfer of rights and obligations in respect of an exchange commodity or a contract for the supply of an exchange commodity (option transactions).

5. A special type of commercial contracts are contracts, the legal purpose of which is the organization of trade. Such transactions include agreements organizing the coordinated sale and supply of goods, agreements between executive authorities and commercial organizations, agreements on interregional supplies of goods, agreements between auction organizers (exchanges or trading systems) with potential or actual sellers of goods.

Therefore, the most common is functional classification subjects of commercial law on the object of commercial activity (object of commercial legal relationship). On this basis, four groups of business entities can be distinguished.

1. Sellers and buyers of goods (the main subjects of trade). The number of sellers, in addition to wholesalers, also includes manufacturers who sell manufactured goods and are obliged to comply with General requirements to trading activities (the procedure for accounting and registration of goods). In addition to wholesale buyers, the circle of buyers also includes entities that purchase goods for production and other purposes. Such buyers act as "passive" participants in the trade turnover.

2. Resellers: commission agents; agents; attorneys; exchange intermediaries; brokerage intermediaries; salesmen.

3. Persons servicing trade (service entities), among which are: warehouses; transport forwarders; insurers; carriers, etc.

4. Commodity market organizers (coordinating entities), represented by commodity exchanges, wholesalers and retail markets, chambers of commerce and industry, executive and municipal bodies exercising functions of influencing trade, etc.

State registration of commercial entities

Paragraph 3, paragraph 1, Art. 2 of the Civil Code of the Russian Federation provides for the need for state registration of any persons carrying out. This is due to the need for the state to exercise control and supervisory functions over trade entities in order to protect participants in commercial relations, producers and consumers of goods from possible violations of their rights and ensure their timely and effective protection. Legal regulation of state registration of subjects of commercial law is carried out on the basis of the Federal Law of August 8, 2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs". State registration of trading entities is a necessary tool for regulating their lawful activities in trade turnover. Such registration should be advisory and not mandatory.

State registration of legal entities and individual entrepreneurs - acts of the authorized federal executive body, carried out by entering into state registers information on the creation, reorganization and liquidation of legal entities, the acquisition by individuals of the status of an individual entrepreneur, the termination of activities by individuals as individual entrepreneurs, other information about legal entities and individual entrepreneurs in accordance with the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs".

Registration of trade entities makes it possible to determine: 1) groups and the number of trade participants; 2) interaction of subjects of commercial law; 3) mutual control in the course of entrepreneurial activity; 4) information on the specifics of activities and volumes of turnover.

State registration of legal entities and state registration of individuals as individual entrepreneurs is carried out by the federal executive body authorized by the Government of the Russian Federation. According to paragraph 1 of the Regulations "On the Federal Tax Service", the service is an authorized federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farmer) households, and in accordance with paragraph 5.5.6 of the Regulations leads to in accordance with the established procedure, the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs. The maximum single period of state registration for legal entities and individuals as individual entrepreneurs cannot exceed more than five working days from the date of submission of documents to the registration authority.

All the necessary information will be transferred to these departments by the Tax Inspectorate, based on the information from the registers of legal entities and private entrepreneurs. It is enough for business entities themselves to simply have a certificate of registration and tax registration in order to open bank accounts.

Non-profit organizations as subjects of commercial law

Depending on the purpose of the activity, the subjects of commercial law can be divided into: commercial organizations, the purpose of which is the systematic extraction of profit from the sale of goods or the provision of services related to the sale, and non-profit organizations, the purpose of which is not the systematic extraction of profit from these actions, not distributing this profit between their participants (Article 50 of the Civil Code of the Russian Federation).

The legal category "non-profit organization" is quite young and progressive for Russian civil law. For the first time, the term "non-commercial" was enshrined in the Fundamentals of Civil Legislation of the USSR and the Republics of May 31, 1991.

Further formation of the sub-institution of non-profit organizations and the creation of mechanisms for its legal regulation are enshrined in Art. 50 of the first part of the Civil Code of the Russian Federation. V.V. Zalessky pointed out that "the division into commercial and non-profit organizations makes it possible to ensure a clear direction of public, charitable and other similar activities through the special legal capacity of non-profit organizations. On the other hand, the general legal capacity of commercial organizations corresponds to the main goal of their existence - making profit by any non-illegal methods."

Commercial organizations are formed mainly in the form of business partnerships and companies. Article 50 of the Civil Code of the Russian Federation establishes an exhaustive list of types (organizational and legal forms) of commercial organizations. Types (organizational and legal forms) of non-profit organizations are defined in the Civil Code of the Russian Federation, Federal Law No. 7-FZ of January 12, 1996 "On Non-Profit Organizations" and other federal laws.

B.I. Puginsky notes that "the possibility of participation of commercial and non-commercial organizations in the trade turnover, i.e. their commercial legal capacity, is not the same. Commercial organizations, as well as individual entrepreneurs in in full may participate in trade. Non-profit organizations participate in commodity circulation limited. Such organizations can acquire the necessary material resources, have the right to sell the products they produce. However, they have the right to sell goods only in accordance with the statutory goals of the activity, and not to engage in trade in general. They are not entitled to conclude supply contracts as suppliers and can only conclude sales contracts when selling goods.

Significant restrictions are also set for such organizations when licensing for engaging in special activities, obtaining export licenses and quotas, concluding foreign trade contracts, and in other aspects.

Paragraph 3 of Art. 50 of the Civil Code of the Russian Federation, non-profit organizations are granted the right to carry out entrepreneurial activities insofar as this serves to achieve the goals for which they were created, and corresponds to these goals. It is not limited to any list. Federal Law N 7-FZ "On non-profit organizations" for non-profit organizations of various organizational and legal forms establishes different requirements for possible entrepreneurial activities in accordance with its goals. When a non-profit organization commits actions that contradict its goals, it may be issued a written warning by the body carrying out state registration of legal entities, or the prosecutor may submit a proposal to eliminate violations on the basis of Art. 33 federal law"About non-commercial organizations".

7. Bodies of state control and supervision in the field of standardization, ensuring the uniformity of measurements and mandatory certification carry out their activities in the manner determined by the Federal Agency for Technical Regulation and Metrology, taking into account the provisions of the Federal Law "On the protection of the rights of legal entities and individual entrepreneurs during state control ( supervision) and municipal control", the following bodies and organizations that make up the system of state control:

The Federal Agency for Technical Regulation and Metrology represented by a structural subdivision responsible for organizing and conducting state control and supervision;
federal government agencies administered by the Federal Agency for Technical Regulation and Metrology;
organizations with the status of a state scientific metrological center under the jurisdiction of the Federal Agency for Technical Regulation and Metrology and exercising state metrological control.

State control and supervision in the field of standardization, ensuring the uniformity of measurements and mandatory certification includes:

state control and supervision of compliance by business entities with mandatory requirements state standards to goods;
state control and supervision of observance by the inspected subjects of the rules of mandatory certification and of certified goods;
state supervision over compliance with the legislation of the Russian Federation during the accreditation of organizations that carry out conformity assessment of goods established requirements quality and safety;
state metrological supervision over the production, condition and use of measuring instruments, certified measurement methods, measurement standards, compliance with metrological rules and norms, the number of goods alienated during trading operations, the number of packaged goods in packages of any kind during their packaging and sale;
state metrological control, including approval of the type of measuring instruments, verification of measuring instruments, including standards, licensing of activities for the manufacture and repair of measuring instruments.

8. Bodies of state supervision and control in the field of quality assurance and safety food products, materials and products in contact with food and used for the manufacture, packaging, storage, transportation, sale of food products, perfumery and cosmetic products, oral hygiene products and products and tobacco products are:

Federal Biomedical Agency;
federal Service on supervision in the field of consumer protection and human well-being (Rospotrebnadzor);
Federal Agency for Technical Regulation and Metrology;
Federal Service for Veterinary and Phytosanitary Supervision (Rosselkhoznadzor).

State supervision and control over compliance with the legislation of the Russian Federation in the field of ensuring the quality and safety of food products includes control over:

compliance with the requirements of state standards, state sanitary and epidemiological rules, norms and hygienic standards and veterinary rules, norms and rules of veterinary and sanitary examination during storage food products, its transportation and sale, as well as the disposal or destruction of low-quality, dangerous products;
compliance with the sale rules certain types goods in the field of public catering;
compliance with the procedure established by the legislation of the Russian Federation for confirming the conformity of food products with the requirements normative documents;
implementation of sanitary and anti-epidemic (preventive), veterinary-sanitary and anti-epizootic measures aimed at preventing the occurrence, spread and elimination of infectious and noncommunicable diseases(poisoning) of people associated with the consumption (use) of food products, as well as animal diseases common to animals and humans.

9. The Federal Antimonopoly Service (FAS Russia) is an authorized federal body executive power executing the functions of adopting regulatory legal acts and monitoring compliance with antimonopoly legislation, legislation in the field of activities of commercial entities, as well as control in the field of placing orders for the supply of goods for federal state needs.

10. The Federal Tariff Service (FTS of Russia) is a federal executive body authorized to carry out legal regulation in the field of state regulation of prices (tariffs) for goods (services) in accordance with the legislation of the Russian Federation and control over their application, with the exception of price regulation and tariffs relating to the powers of other federal executive bodies, as well as the federal executive body for the regulation of natural monopolies, which performs the functions of determining (setting) prices (tariffs) and exercising control over issues related to the determination (setting) and application of prices (tariffs). ) in the areas of activity of subjects natural monopolies. The FTS of Russia establishes and regulates prices and tariffs for electricity and thermal energy(capacity), for gas and its transportation, for freight rail transportation, for the transportation of oil and oil products through main pipelines, for services transport terminals, ports, airports, etc.

11. Federal customs Service is an authorized federal executive body, carrying out, in accordance with the legislation of the Russian Federation, the functions of developing state policy and regulatory legal regulation, control and supervision in the field of customs. The functions of the FCS of Russia in commercial circulation are reduced to: 1) maintaining registers of persons carrying out activities in the field of customs; 2) determining the procedure for controlling the customs value of goods; 3) establishing the form and procedure for making preliminary decisions on the classification of goods in accordance with the TN VED in relation to a specific product, on the country of origin of the goods; 4) determining the procedure and technology for the production of customs clearance, depending on the types of goods transported across the customs border, the type of transport used for such movement; 5) allocation of categories of persons moving goods and vehicles.

12. The Federal Service for Alcohol Market Regulation (Rosalkogolregulirovaniye) exercises the following powers:

establishes the procedure for the submission of notifications by organizations during the procurement ethyl alcohol for the production of alcoholic and alcohol-containing products and (or) use for own needs, as well as for the supply of ethyl alcohol, bulk alcohol-containing products with an ethyl alcohol content of more than 60% of the volume of finished products;
adopts acts establishing minimum prices for vodka, alcoholic beverages and other alcoholic products with a strength of more than 28%, produced in the territory of the Russian Federation or imported into customs territory Russian Federation;
determines the norms of natural loss in the production and turnover (except for retail sales) of ethyl alcohol, alcoholic and alcohol-containing products;
establishes the procedure for the acquisition and accounting of federal special stamps, as well as the destruction of unused, damaged and non-compliant federal special stamps;
generates a list of information about labeled alcoholic products;
determines the procedure for assessing the reliability of accounting for production volumes and turnover (excluding retail sales) of ethyl alcohol, alcoholic and alcohol-containing products;
carries out licensing in accordance with the legislation of the Russian Federation of activities in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products;
issues federal special stamps for labeling alcoholic products produced on the territory of the Russian Federation;
carries out state control over the production, circulation, quality and safety of ethyl alcohol, alcoholic and alcohol-containing products, etc.