LEGAL REGULATION OF ECONOMIC RELATIONS
1.1. Economic relations as a subject of legal regulation
At its core, law is the regulator of social relations. Its purpose is to streamline the life of society, to ensure its normal functioning and development. However, not all social relations, not all spheres of society are equally subject to legal regulation. It should be remembered that before law and with it, customs and traditions, morality, religion, which also act as the most important regulators of social relations, existed and still exist. And only together they can ensure the normal development of society. Moreover, in various spheres of society, the role of each of these social regulators is not the same.
There are such spheres of the life of society, in the regulation of which the law does not play the leading role. And there are also such relations that are not subject to legal regulation at all (these are, first of all, deeply personal, intimate, relationships: love, friendship, etc.).
As for the economy, it refers to those areas in which the role of law is traditionally significant. Economic relations have always - of course, from the moment the law appeared - have been the subject of legal regulation. Naturally, this regulation had its own specifics in different historical epochs and under different economic systems. It has its own characteristics and legal regulation of economic relations in a market economy.
At first glance, it may seem that a market economy does not need legal regulation at all - after all, one of the cornerstones
this economic system is the freedom of economic activity. However, it would be a big mistake to think so. Life itself, practice shows the failure of such a view of the market economy.
First, the legal regulation of the market economy is necessary in order to protect the interests of society and the state. The experience of almost all countries with a market economy shows that "absolute economic freedom" is always associated with abuse - the appearance on the market of low-quality goods, works and services, sometimes posing a danger to the life and health of consumers, the emergence of fraudulent business structures that "irrevocably" attract citizens' savings and many other "costs".
One of the most dangerous consequences of such "freedom" is the disappearance of free competition and the dominance of monopolies. Competition is one of the most important mechanisms that ensure the efficiency of a market economy. Monopolies, on the other hand, allow individual producers to make super profits without worrying about production efficiency, product quality, etc. This state of affairs is beneficial for monopolists. For consumers, for society as a whole, for the state - it is a danger that is difficult to overestimate. Therefore, in all civilized countries, the most important element of the mechanism for regulating a market economy is antimonopoly legislation.
On the other hand, the legal regulation of economic relations in a market economy is necessary to ensure the rights and interests of entrepreneurs themselves. Indeed, genuine, and not imaginary, freedom of economic activity does not exclude, but presupposes its certain regulation.
Entering into various relationships with each other, with consumers, with the state, entrepreneurs are interested in ensuring that these relationships are orderly, predictable, built in accordance with certain rules. Without using the potential of law, it is impossible to achieve this. Thus, there is every reason to assert that the legal regulation of economic relations is a necessary condition for the normal functioning of a market economy.
1.2. The concept and signs of entrepreneurial activity
In a market economy, the bulk of economic relations are relations that develop in the process of doing business. Let's see what she
represents.
The definition of entrepreneurial activity from the point of view of the law is given in Art. 2 of the Civil Code of the Russian Federation. In accordance with this article, entrepreneurial activity is an independent activity carried out at one's own risk, aimed at systematically obtaining 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.
From this definition, the following features of entrepreneurial activity can be distinguished:
1) independence;
3) risky nature;
4) registration in the manner prescribed by law of persons carrying out this activity.
Let us dwell on these signs in more detail. Independence as a sign of entrepreneurial activity includes organizational independence and property independence of the entrepreneur.
Organizational independence is manifested in the fact that the entrepreneur himself - without any instructions "from above" - decides what and how to produce, from whom to acquire the necessary raw materials and materials, to whom and at what prices to sell the manufactured products, etc.
Property independence implies that the entrepreneur has a separate, i.e. it is his own property, which he uses in the implementation of entrepreneurial activities. Not always such property is the property of the entrepreneur. There are business entities that own property on the right of economic management or
the right of operational management (this will be discussed in more detail in the next chapter of the textbook). An entrepreneur can own some part of the property, for example, on a leasehold basis. But in any case, the entrepreneur has the opportunity to independently use such property. The property independence of the entrepreneur is the basis of his organizational independence.
The risky nature of entrepreneurial activity lies in the fact that it does not always give the expected results. Due to a variety of reasons, both subjective (mistakes, miscalculations of the entrepreneur) and objective (changes in market conditions, default, natural disaster) nature, an entrepreneur can not only not receive the planned profit, but also go bankrupt, crash. It was the risky nature of entrepreneurial activity that led to the emergence of the institution of insolvency (bankruptcy) in civil law.
Focus on systematic profit - perhaps the most significant feature of entrepreneurial activity. Both from the point of view of everyday consciousness and from the point of view of science, entrepreneurial activity is, first of all, an activity whose purpose is to make a profit. Other signs of entrepreneurial activity are, in a certain sense, secondary, derived from this sign. At the same time, it should be borne in mind that from the point of view of the law, in order to qualify an activity as an entrepreneurial one, it is not necessary that as a result of its implementation, a profit was actually received. What matters is the purpose
to receive it. Whether there will actually be a profit or not is important for resolving other issues, in particular taxation issues.
On the other hand, to be considered entrepreneurial, the activity must be aimed not just at obtaining, but at the systematic receipt of profit, that is, carried out more or less regularly. Therefore, transactions aimed at making a one-time profit cannot be considered as entrepreneurial activity. As for such a sign of entrepreneurial activity as the registration of persons engaged in this activity (state registration), it is not always included among the main ones. Some authors regard it as formal, pointing out that if there are three other signs listed above, the activity will be entrepreneurial, even if it is carried out without registration.
Such a view of state registration as a sign of entrepreneurial activity is not entirely correct. Indeed, from the point of view of the economic content of entrepreneurial activity, the presence or absence of state registration is not significant. But from the point of view of law, this sign is very significant. In the absence of it, illegal entrepreneurship will take place - an offense for which administrative, and under certain conditions, criminal liability is provided.
And one more important remark. Entrepreneurial activity, being dominant in a market economy, does not exhaust the entire economic life of society. As we will see later, among economic entities there are those for which entrepreneurial activity is of secondary importance (for example, foundations, religious organizations), and those that do not carry out entrepreneurial activity at all, while being participants in economic legal relations (many housing and construction , garage cooperatives, etc.).
This means that the concepts of "entrepreneurial activity" and "economic activity" are not identical even in market conditions. The second concept is broader and includes the first as a part. Therefore, in a number of cases - if the subject of conversation is not specifically limited to entrepreneurial activity - it is correct
it is impossible to talk about subjects of economic activity, not entrepreneurial activity, about economic, rather than entrepreneurial legal relations, about economic, rather than entrepreneurial law.
1.3. Economic law and its sources
Economic law is a set of legal norms that regulate relations that develop in the process of economic activity.
It is important to keep in mind that business law is not a separate, independent branch of law along with, for example, civil, labor and other branches that you know from the course of the fundamentals of law, but the so-called complex branch of law, which includes the norms of several branches: constitutional, civil, financial, administrative and some others.
This point is important to take into account, in particular, when characterizing the sources of economic law.
As you know, sources of law are understood as ways of expressing, fixing and existence of legal norms. At different times and in different countries, legal custom, legal precedent, normative legal act, normative contract acted and act as sources of law. Currently, in our country, as in most other countries of the world, the main source of law is normative legal acts - official documents adopted by the competent authorities in the prescribed manner and containing the rules of law.
Normative legal acts are divided into two large groups (two types):
1) laws that have the highest legal force;
2) subordinate normative legal acts adopted on the basis of and pursuant to laws.
In turn, each of these groups has its own hierarchy of legal acts.
As for laws, at the top of the pyramid of these legal acts is the Constitution - the Basic Law of the country. Then follow the federal constitutional laws, ordinary federal laws and laws of the subjects of the federation.
Each of the lower laws in this pyramid cannot contradict the higher one.
Among ordinary laws, codified acts deserve special attention - sectoral codes, which are the main sources of law for the respective industries.
As for by-laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation have the greatest legal force.
This is followed by departmental legal acts (orders, instructions, etc., documents of various ministries and departments), local (legal acts of local government bodies and local self-government) and local (intraorganizational) legal acts (i.e. e. acts issued and in force within individual enterprises, institutions, organizations).
Among the sources of economic law, we find normative legal acts belonging to all groups and subgroups of the system of normative legal acts and located on all levels of their hierarchy. Let's characterize the most important of them.
The most important, fundamental norms of Russian economic law are enshrined in the Constitution of the Russian Federation. They can be regarded as the principles of economic law, that is, the fundamental principles from which all other norms of economic law proceed. These include:
Unity of economic space;
Free movement of goods, services and financial resources;
Support for competition;
Variety of forms of ownership;
Freedom of economic activity, including the right of everyone to entrepreneurial activity.
The next most important source of economic law in our country after the Constitution of the Russian Federation is the Civil Code of the Russian Federation.
It contains the legal norms that regulate such important relations for economic activity participants as property relations, obligations, including contractual (purchase and sale, supply, contract, capital construction, etc.) and others.
Among the codified acts, in addition to the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, the Criminal Code of the Russian Federation can be considered as sources of economic law. They also contain legal norms that directly relate to business entities, establishing penalties for offenses in this area.
The most important sources of economic law include a number of federal laws regulating certain aspects of economic activity: "On Joint Stock Companies", "On Banks and Banking", "On Accounting", "On Insolvency (Bankruptcy)" and many others.
Decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation play an important role in regulating economic relations in our country. In their meaning they are sometimes comparable to laws. However, it should be remembered that for all their importance, these are still by-laws, and they should not contradict the Constitution of the Russian Federation and federal laws. Their main purpose is to ensure the implementation of the provisions of the Constitution and laws.
Normative legal acts of ministries and departments determine the forms and mechanisms for the implementation of laws, decrees of the President and resolutions of the Government of the Russian Federation. So, for example, the instructions of the tax department contain instructions on the application of tax legislation.
The norms of economic law may also be contained in some regulatory legal acts of local governments. As a rule, they relate to the property of municipalities and determine the procedure for its use.
Some local (intra-organizational) regulations may also contain business law norms. Any economic entity can, in its local regulatory legal acts, establish the norms of economic activity that are mandatory for all employees of this entity (of course, if these norms do not contradict laws and higher by-laws).
Finally, speaking about the sources of economic law, it must be borne in mind that, in accordance with Art. 15 of the Constitution of the Russian Federation, the universally recognized principles and norms of international law and international treaties of the Russian Federation are part of the Russian legal system. Therefore, international treaties of the Russian Federation in the sphere of economy should also be attributed to the sources of economic law in Russia. In practice, most business entities rarely turn to such sources of economic law. Nevertheless, every entrepreneur should remember that in the event of a discrepancy between the rules of the law and the rules of an international treaty of Russia, priority is given to the rules of an international treaty.
Economic relations as a subject of legal regulation Law is the regulator of social relations. Its purpose is to streamline the life of society, to ensure its normal functioning and development. It should be remembered that before law and with it, customs and traditions, morality, religion, which also act as the most important regulators of social relations, existed and still exist. There are also such spheres of the life of society, in the regulation of which the law does not play the leading role. And there are some relationships that are not subject to legal regulation at all.
Concepts and signs of entrepreneurial activity In a market economy, the bulk of economic relations are formed in the process of entrepreneurial activity. In accordance with the article of the Civil Code of the Russian Federation, entrepreneurial activity is an independent activity carried out at one's own risk, aimed at systematically obtaining 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 accordance with the procedure established by law.
From this definition, the following features of entrepreneurial activity can be distinguished: 1) independence; 2) focus on systematic profit; 3) risky nature; 4) Registration in the manner prescribed by law of persons carrying out this activity.
1) Independence as a sign of entrepreneurial activity includes organizational independence and property independence of the entrepreneur. Organizational independence is manifested in the fact that the entrepreneur himself - without any instructions "from above" - decides what and how to produce, from whom to purchase the necessary raw materials and materials, to whom and at what prices to sell the manufactured products, etc. Property independence implies that the entrepreneur has a separate, i.e. it is his own property, which he uses in the implementation of entrepreneurial activities.
2) The focus on systematic profit is the most essential feature of entrepreneurial activity. Both from the point of view of everyday consciousness and from the point of view of science, entrepreneurial activity is, first of all, an activity whose purpose is to make a profit.
3) The risky nature of entrepreneurial activity lies in the fact that it does not always give the expected results. It was the risky nature of entrepreneurial activity that led to the emergence of the institution of insolvency (bankruptcy) in civil law.
4) Registration in the manner prescribed by law of persons engaged in entrepreneurial activity. Some authors consider this sign as formal, pointing out that if there are three other signs listed above, the activity will be entrepreneurial, even if it is carried out without registration.
Economic law is a set of legal norms that regulate relations that develop in the course of economic activity. Currently, in our country, as in most other countries of the world, the main sources of law are regulatory legal acts - official documents adopted by the competent authorities in the prescribed manner and containing rules of law.
Normative legal acts are divided into two large groups: 1) laws that have the highest legal force; 2) by-laws normative legal acts adopted on the basis of and in pursuance of laws. As for laws, at the top of the pyramid of these legal acts is the Constitution - the Basic Law of the country. Then follow the federal constitutional laws, ordinary federal laws and laws of the subjects of the federation. As for by-laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation have the greatest legal force.
The most important, fundamental norms of economic law in Russia are enshrined in the Constitution of the Russian Federation. They can be considered as principles of economic law, i.e. fundamental principles from which all other norms of economic law proceed. These include: - the unity of the economic space; - free movement of goods, services and financial resources - support for competition; - Variety of forms of ownership; -Freedom of economic activity, including the right of everyone to entrepreneurial activity;
Legal regulation- the impact of the rules of law (a system of legal norms), other special legal means on the behavior of people and on social relations in order to streamline and progressively develop them.
It follows from the definition that only such an impact can be called regulation, in which sufficiently clearly defined goals are set. For example, in order to streamline the use of land, ensure its safety, and improve the efficiency of land use, a law on land is issued. And the impact of the norms of land law, as a result of which the set goals are realized, can be called legal regulation.
If, under the influence of a legislative act or its norms, consequences occur that are not provided for by law, and in some situations contradict the goals of the legislator, then such an impact cannot be considered legal regulation. Thus, under the influence of land legislation, the price of land plots increased, and the number of transactions regarding land of a speculative nature, made for the sake of profit, unproductive use of land, increased. The negative impact of the law on land on social relations cannot be called legal regulation, because it was not part of the goals of the legislator and does not correspond to the goals of law - to streamline the life of society, to ensure a fair, reasonable use of such a value, which is land.
It is impossible to consider as legal regulation the impact carried out by non-legal means. Thus, the impact on the consciousness and behavior of people through the media, through propaganda, agitation, moral and legal education and training cannot be attributed to legal regulation as a special legal organizing activity.
Of course, in real life, the spiritual, ideological, psychological impact of law is interconnected, combined with special legal legal regulation. The impact on social relations, on the behavior of people by special legal means and methods, in turn, has an impact on the spiritual, moral, ideological aspects of human life.
The identification of legal regulation as a purposeful, effective, normative and organizational activity with the help of specific legal means and methods makes sense in terms of training legal professionals. It will allow future lawyers to get acquainted in detail with the tools of their professional activities.
12. State regulation in the sphere of economy.
Under the state regulation of entrepreneurial activity, one should understand the activities of the state, represented by its bodies, aimed at implementing state policy in the field of entrepreneurial activity.
State regulation of entrepreneurship is necessary both in order to ensure the implementation of the public interests of society and the state, and to create the best conditions for the development of entrepreneurship.
The tasks of state regulation of entrepreneurship can be divided into groups:
environmental protection;
Economic cycle alignment;
Ensuring a normal level of employment of the population;
Protecting the life and health of citizens;
Support for competition in the market;
Support and development of small business;
Special measures to protect the rights of entrepreneurs, etc.
The presented list of tasks of state regulation of entrepreneurship indicates that state regulation is necessary not only for the state, but also for the entrepreneurs themselves.
Methods of state regulation of entrepreneurial activity can be divided into two groups:
1. Direct (administrative) methods - means of direct power influence on the behavior of subjects engaged in entrepreneurial activity. These include:
State control (supervision) over the activities of entrepreneurs;
State registration of legal entities and individual entrepreneurs;
Taxation;
Licensing of certain types of entrepreneurial activity;
Issuance of prescriptions by the antimonopoly body, etc.
2. Indirect methods - economic means of influencing business relations by creating conditions that affect the motivation of the behavior of business entities. These include:
Forecasting and planning;
Providing tax incentives;
Concessional lending;
State (municipal) order, etc.
Price is the monetary value of a commodity. A variation of the price is the tariff - the price for the services provided and the work performed. In the legal literature, the price is considered as an economic and legal category. Price as an economic category is formed taking into account the level of consumer demand for products; elasticity of demand prevailing in the market for these products; the possibility of the market reaction to a change in the output of these products by the enterprise; measures of state regulation of pricing; the level of prices for similar products of competing enterprises, etc. As a legal category, price is an essential condition for a number of contracts, the basis for the formation of value added tax, excise taxes, supply and marketing, trade allowances, and also has a number of others.
Depending on the role of the state in their formation, prices can be free and regulated.
Under the free (market) price is understood the price that develops in the commodity market without state influence on it. The free price fluctuates around the cost of the product, in response to changes in supply and demand, and, as a rule, includes two elements: cost and profit. The principles for determining market prices for tax purposes are established by Art. 40 of the Tax Code of the Russian Federation.
Regulated price - the price of a product that is formed on the product market under state influence on it through the application of economic and (or) policy measures. Regulated state prices are applied by all organizations, regardless of their organizational and legal forms and forms of ownership.
Currently, the state pricing policy is determined by the following acts: Decree of the President of the Russian Federation of February 28, 1995 N 221 "On measures to streamline state regulation of prices (tariffs)" and Decree of the Government of the Russian Federation of March 7, 1995 N 239 "On measures to streamline state regulation of prices ", etc. The pricing policy of the constituent entities of the Russian Federation is approved by acts of the constituent entities of the Russian Federation.
In order to implement the state pricing policy, Decree of the Government of the Russian Federation of March 7, 1995 N 239 "On measures to streamline state price regulation" approved three lists of goods (works, services), the prices of which in the domestic market are subject to state regulation.
Firstly, a list of products, goods, services for which state regulation of prices is carried out by the Government of the Russian Federation and federal executive authorities. It includes, for example, natural gas, except for that sold to the population; nuclear fuel cycle products; defense products; rough diamonds, precious stones; transportation of oil and oil products through main pipelines; individual services of postal and electric communication, transportation by rail.
Secondly, a list of products, goods, services for which state regulation of prices is carried out without fail by the executive authorities of the constituent entities of the Russian Federation. It includes gas sold to the population; social services provided to the population of the Russian Federation by state and municipal social service institutions; trade mark-ups on the prices of medicines and medical products; transportation of passengers and luggage by all types of public transport in urban (including metro) and suburban traffic, etc.
Thirdly, a list of goods and services for which the executive authorities of the constituent entities of the Russian Federation have been granted the right to introduce state regulation of tariffs and surcharges. This list includes, for example, supply and marketing and trade surcharges on prices for products and goods sold in the Far North and equivalent areas with limited delivery times; margins on products (goods) sold at catering establishments at general education schools, vocational schools, secondary specialized and higher educational institutions; trade markups on baby food prices (including food concentrates); transportation of passengers and luggage by road on intra-regional and inter-regional (inter-republican within the Russian Federation) routes, including taxis; transportation of passengers and luggage on local airlines and river transport in local traffic and at crossings, etc.
Prices for goods, works, services not mentioned in the said lists are not subject to direct state regulation and are added up freely.
State regulation of prices for goods and services included in the lists is carried out by special regulations. For example, with regard to prices for electrical and thermal energy, the Federal Law of April 14, 1995 N 41-FZ "On State Regulation of Tariffs for Electrical and Thermal Energy in the Russian Federation" and other acts are in force. Prices for medicines are regulated by the Federal Law of June 22, 1998 N 86-FZ "On Medicines", Decree of the Government of the Russian Federation of November 9, 2001 N 782 "On State Regulation of Prices for Medicines", etc.
There are two groups of methods of state regulation of prices.
Ways of direct regulation of pricing is the establishment of:
Fixed prices (for example, fixed tariffs for the transportation of passengers and luggage by all types of public transport);
Limit (maximum and minimum) prices (for example, minimum prices for vodka, alcoholic beverages and other alcoholic products with a strength of over 28 percent have been approved);
Base prices and marginal coefficients for their change (for example, when calculating tariffs for communication services (the coefficients are set differently by types of services and categories of consumers), for gas transportation services through gas distribution pipelines);
Limiting the size of supply and marketing and trade markups (for example, limiting wholesale and retail markups are set on the prices of medicines);
The marginal level of profitability (for example, the calculation of payment rates for the use of wagons, containers is set taking into account the provision of a 25% profitability level for freight traffic);
Guaranteed prices, which are applied if the average market prices are lower than the guaranteed prices (for example, when purchasing for public needs).
As measures of economic (indirect) regulation of pricing, one should name concessional lending, tax incentives, budget subsidies, and reimbursement of costs to producers. Each such measure allows to reduce the cost of manufactured products and, consequently, the price level.
The administrative and legal basis for the regulation of economic relations is: the Constitution of the Russian Federation, Art. 71 (management of federal state property; establishing the foundations of federal policy and federal programs in the field of economic development; establishing the legal foundations of a single market; financial, currency, credit regulation; money emission, the basics of pricing policy; federal economic services; foreign economic relations of the Russian Federation; determining the status of an exclusive economic zone; official statistical and accounting
accounting), art. 72. (issues of ownership, use and disposal of land, subsoil, water and other natural resources; delimitation of state property; nature management; coordination of foreign economic relations), art. 73 concerning subjects outside the scope of Art. Art. 71 and 72, the subjects of the Russian Federation in the sphere of economic relations have the full power of state power, Art. 114 of the Constitution of the Russian Federation (powers of the Government of the Russian Federation in the field of economy) and other articles relating to the formation and development of the economy in the country, the federal constitutional law adopted on 17.12. 1997 “On the Government of the Russian Federation”, numerous federal laws, among which the Federal Law of June 11, 2002 No. 66-FZ “On Ratification of the Convention on the Privileges and Immunities of the Eurasian Economic Community” is of great importance. The operational legal regulation of economic issues by decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation and regulatory legal acts of federal executive authorities is still relevant.
The main normative acts that laid the foundation for radical economic changes in the country include: Laws of the RSFSR “On Enterprises and Entrepreneurial Activity” dated December 25, 1990 1 ; "On Privatization of State and Municipal Enterprises in the RSFSR" 2 ; Law of the RSFSR (1991) "On investment activity in the RSFSR"; "On the privatization of the housing stock in the Russian Federation" dated 04.07.1991 3 in the current. ed. dated May 20, 2002 No. 55-FZ; Law of the RSFSR "On the Protection of Consumer Rights" 02/07/1992, as amended. 09.01. 1996 No. 2-FZ with amendments. and additional from 17.12. 1999; “On Competition and Limitation of Monopolistic Activity in Commodity Markets” 4 ; “On Commodity Exchanges and Exchange Trade (1995)”; "On financial and industrial groups (1995)"; "About agricultural cooperation" (1995); "On the securities market" (1995); “On state registration of rights to real estate and transactions with it” dated July 21, 1997 No. 122-FZ, as amended. 11.04. 2002 No. 36-FZ; "On the privatization of state and municipal property in the Russian Federation" dated 21.12. 2001 M178-FZ; "On investment funds" dated November 29, 2001 No. 156-FZ; "On the state land cadastre" dated 02.01. 2000; "Land Code of the Russian Federation" dated October 25, 2001; "About the introduction-
2 Air Force of the RSFSR. 1992. Ks 28, art. 1614.
3 Air Force of the RSFSR. 1991. No. 28, Art. 959; 2001. No. 21. Art. 2063.
4 SZ RF. 1995. No. 22, art. 1977.
nii into effect of the 3rd part of the Civil Code of the Russian Federation” dated November 26, 2001 No. 147-FZ; “The Civil Code of the Russian Federation (part 3) dated November 26, 2001 No. 146 - FZ; "On the joint-stock company" dated December 26, 1995 No. 208 - FZ in the current edition. dated August 7, 2002 No. 120-FZ; decrees of the President of the Russian Federation "On measures to ensure the rights of shareholders" dated October 27, 1993 No. 1769, as amended, and additional. dated July 31, 1995; “On the authorized body for combating the legalization (laundering) of proceeds from crime” dated 01.11.2001 No. 1263; Decree of the Government of the Russian Federation of August 21, 2001 No. 615 “On Approval of the Agreement on Support and Development of Small Business in the CIS Member States”; "On state support of insurance in the field of agricultural production" dated 01.11.2001. No. 758 and other regulatory legal acts that allow the state to regulate economic relations in all economic sectors and spheres by legal methods.
To the system of governing bodies in the field of economic regulation can include the following ministries: Ministry of Economic Development and Trade; industry, science and technology; on atomic energy; property relations; natural resources; means of communication; transport; Agriculture; energy; finance; state committee on antimonopoly policy and business support; State Committee for Construction and Housing and Communal Complex; federal Service land registry, etc.
The Ministry of Economic Development of Russia is the central intersectoral body of executive power exercising state administration in the sphere of the economy.
Ministry of Economic Development and Trade of the Russian Federation (Ministry of Economic Development of Russia) is a federal executive body that develops and implements state social and economic policy, including a unified state trade policy, determines the ways of economic development and methods of its regulation, ensuring socio-economic progress and sustainable development of Russia.
The Ministry of Economic Development and Trade of the Russian Federation is authorized federal executive body in the region:
1) export control, which is very important in the context of "transparent" borders;
2) control over the holding of tenders for placing orders for the supply of products (goods, works, services) for state needs and coordination of their implementation;
3) licensing of certain types of activities;
4) accreditation of representative offices of foreign legal entities operating in the field of tourism, branches of foreign legal entities.
The Ministry of Economic Development and Trade of the Russian Federation carries out its executive activities directly and through its territorial bodies - authorized by the Ministry in the constituent entities and certain regions of Russia (hereinafter referred to as authorized) and the department of the State Inspectorate for Trade, Quality of Goods and Protection of Rights
consumers.
The Ministry manages the activities of the representative offices of the Russian Federation on trade and economic issues in foreign states and the representative offices of the Ministry in foreign states on tourism issues, their staffing and financing, and together with the Ministry of Foreign Affairs of the Russian Federation - manages the activities of the trade and economic departments of the Russian embassies in foreign states and their staffing.
The Ministry, in agreement with the Ministry of Foreign Affairs of the Russian Federation, sends its representatives to the permanent missions of Russia to international organizations and exercises operational management of the activities of these representatives.
Representative offices of the Russian Federation on trade and economic issues in foreign countries, representative offices of the Ministry in foreign countries on tourism issues, as well as representatives of the Ministry in permanent missions of the Russian Federation to international organizations constitute the structure and staff of the Ministry's apparatus.
The main tasks of the Ministry of Economic Development and Trade of Russia are:
1) development and implementation of state policy aimed at ensuring sustainable socio-economic development of the Russian Federation;
2) development of proposals on the state foreign economic policy of the Russian Federation and its implementation, implementation of state regulation of foreign economic activity;
3) analysis of the economic situation of the Russian Federation and determination on its basis of the principles and methods of regulation in the socio-economic sphere;
4) development of principles, methods and forms of implementation of the state structural and investment policy in the Russian Federation;
5) an economic justification for federal state needs, including expenses related to ensuring the defense capability and state security of the Russian Federation.
The Ministry of Economic Development and Trade of the Russian Federation, in accordance with the tasks assigned to it, implements main functions:
1) develops, with the participation of interested federal executive authorities, executive authorities of the constituent entities of the Russian Federation, state forecasts for the socio-economic development of the Russian Federation, constituent entities and regions of Russia based on an analysis of the Russian economy and trends in its socio-economic development, regulation of economic processes;
3) develops draft programs and action plans of the Government of the Russian Federation for the socio-economic development of the country, as well as forecast and analytical materials in this area;
4) develops and submits to the Government of the Russian Federation drafts of legislative and other normative legal acts, as well as develops and submits, in accordance with the established procedure, proposals for improving the legislation of the Russian Federation on issues within the jurisdiction of the Ministry;
5) takes part in the preparation of proposals on the general directions of the financial, budgetary, tax, monetary, foreign exchange and credit and customs tariff policy of the Russian Federation and performs other functions.
The Ministry of Economic Development and Trade of the Russian Federation, in order to carry out its functions, is authorized to:
1) to request, in accordance with the established procedure, the necessary information and materials from federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments, legal entities and individuals;
2) issue normative legal acts in accordance with the established procedure within its competence;
3) involve experts in the prescribed manner, conclude contracts with organizations and citizens to perform work in accordance with the competence of the Ministry;
4) to submit, in accordance with the established procedure, within its competence, proposals for candidates for representatives of the Russian Federation in the management bodies of joint-stock companies, the shares of which are fixed in federal ownership;
5) within its competence, together with the Ministry of Foreign Affairs of the Russian Federation, select candidates for positions in international trade and economic organizations;
6) interact within its competence with state, interstate bodies and organizations, including associations and unions, officials and individuals both in the Russian Federation and abroad;
7) have in its composition an independent central encryption body and a departmental network of special communications and exercise other powers.
In the system of state management of the economy, at present, there is mainly a decentralized system of bodies within the federal executive bodies that carry out federal programs in the sectors entrusted to them.
In the constituent entities of the Russian Federation there are appropriate bodies for managing economic sectors.
The administrative and legal basis for the regulation of economic relations over the past more than 10 years has been made up of numerous regulatory legal acts (in the beginning, decrees of the President of the Russian Federation were predominant, then these relations were enshrined in federal laws), which significantly changed economic relations in the country, which affected all spheres of life, and First of all, there have been radical changes in the organizational and legal sphere of public administration.
The issue of public administration in the Constitution of the Russian Federation and Federal Laws is regulated in general terms, for example, (Article 32 “citizens of the Russian Federation have the right to participate in the management of state affairs ...” and paragraph e) Art. 71 "management of federal property" of the Constitution of the Russian Federation, which, in our opinion, had a negative impact on the general trend in the field of economic reform, since administrative
It is only in the last few years that the law has begun to work on solving this colossal problem.
The main legal acts that have radically changed the economy of our country include: Laws of the RSFSR “On Enterprises and Entrepreneurial Activity” 1 ; "On Privatization of State and Municipal Enterprises in the RSFSR" 2 ; federal laws: "On Competition and Restriction of Monopolistic Activity in Commodity Markets" 3 ; "On Natural Monopolies" 4 ; "On State Support for Small Business in the Russian Federation" 5 ; “On insolvency (bankruptcy) 6 ; "On the joint-stock company" dated 26.12. 1995 current edition. 08/07/2001; "On the securities market" 7 ; Civil Code of the Russian Federation 1, 2 and 3 parts adopted on November 26, 2001 No. 146-FZ, the adopted federal laws are of particular importance for the economy: “On the State Land Cadastre” No. 28-FZ of January 2, 2000; “On the delimitation of state ownership of land” dated July 17, 2001 No. 101 - FZ; "Land Code of the Russian Federation" dated 25.10. 2001 No. 136-FZ and “On the Enactment of the Federal Law “Land Code of the Russian Federation” dated October 25, 2001 No. 137-FZ, Code of Civil Procedure of the Russian Federation dated November 14, 2002 No. 138-FZ and many other regulatory legal acts, allowing the state to regulate economic relations in all economic sectors and spheres by legal methods. On October 30, 2002, Federal Law No. 127-FZ “On Insolvency (Bankruptcy)” was adopted and, based on it, Decree of the Government of the Russian Federation of December 30, 2002 No. 855 “On the Authorized and Regulating Body for Bankruptcy and Bankruptcy Procedures”
Recently, a number of laws have been adopted that fix the legal status of federal executive authorities. For example, federal laws: “On state regulation of foreign trade activities 8 ; “On the Protection of the Rights and Legitimate Interests of Investors in the Securities Market” 9 “On the Fundamentals of Foreign Investments in the Russian Federation” 10; Federal laws "On the protection of the rights of legal
1 Air Force of the RSFSR. 1990. No. 30, art. 418.
2 Air Force of the RSFSR. 1992. No. 28, Art. 223.
3 SZ RF. 1995. No. 22, art. 1977.
4 SZ RF. 1995. No. 34, art. 3426.
5 SZ RF. 1995. No. 25, Art. 2343.
6 SZ RF. 1998. No. 2, Art. 223.
8 SZ RF, 1995, No. 34, art. 4326; No. 25, Art. 2343; No. 42, Art. 3929.
9 SZ RF. 1999. No. 41. Art. 1163.
persons and individual entrepreneurs in the course of state control (supervision) dated 09.08. 2001 No. 134 - FZ; “On Auditing Activities” dated August 7, 2001 No. 119-FZ; "On counteracting the legalization (laundering) of proceeds from crime" dated 07.08.2001 No. 115 1; "On State Registration of Legal Entities" dated 08.08. 2001; "On some measures to strengthen the legal services of state bodies" dated 26.04. 2001 No. 486, as amended. 01/24/2002 and others.
Of particular importance for the improvement of economic relations is the Federal Law "On Electronic Digital Signature", adopted on January 10, 2002, which will introduce significant changes in the regulation of economic relations.
The adopted laws, as a rule, do not have direct action norms and require the adoption of a number of by-laws. The decrees of the President of the Russian Federation have the highest power of all by-laws. For example, Decree of the President of the Russian Federation of January 17, 1997 No. 12 "On Bringing Acts of the President of the Russian Federation into Compliance with Federal Laws" 2 . This decree confirms the legal force of decrees, which is also reflected in the Constitution of the Russian Federation, Art. 90 p, 3.
Sub-legislative legal regulation is essential in the regulation of economic relations, as it is more quickly adopted.
For example, the Decree of the Government of the Russian Federation of January 22, 1999 No. 92 “On the Council for the Problems of Restructuring and Development of Industry under the Government of the Russian Federation” and its Regulations, the Decree of September 13, 1999 act as a by-law of management. 1999 No. 1039 “Issues of state management of the joint-stock company for oil transportation “Transneft” and resolution of January 23, 1999 No. 85 “On the appointment of state representatives to the management bodies in the OJSC construction complex” and other regulatory legal acts of management .
Of great importance in the development of the Russian economy is also the legal regulation of economic relations with the CIS countries. In this regard, the Federal Law of 08.07. 1996 No. 90-FZ "On ratification of the Agreement on the establishment of the Interstate Economic Committee of the Economic
1 SZ RF. 2001. No. 33, Art. 3418.
2 SZ RF, 1997, No. 5, Art. 367.
Union” 1 and Federal Law of March 22, 2001, No. 27-FZ “On ratification of the agreement between the Russian Federation and the Republic of Belarus on the introduction of a single monetary unit to form a single emission center of the union state”.
Taking into account the importance of the problem of Russia's international economic integration, the Decree of the President of the Russian Federation dated October 25, 1999 No. 1429 “On the Interdepartmental Commission of the Russian Federation for the Council of Europe” 2 is timely.
However, at present, economic interaction at the level of subjects of the Russian Federation is still an urgent problem. In this regard, on December 17, 1999, the Federal Law “On the general principles of organization and activities of associations of economic interaction of subjects in the Russian Federation” 3 and on January 4, 1999 “On the coordination of international and foreign economic relations of subjects of the Russian Federation” 4 were adopted. In the subjects of the Russian Federation there are also relevant bodies for managing economic sectors.
The array of existing legal acts, in one way or another related to the organization of management in the sphere of the economy, is quite large. The classification of these legal acts is of scientific and practical interest.
The classification of legal acts can be presented according to the following criteria:
By legal force (the Constitution of the Russian Federation, the constitutions of the republics, the charters of the subjects of the federation, laws, resolutions of the chambers of the Federal Assembly, by-laws of the President of the Russian Federation and the Government of the Russian Federation);
By the nature of influence: a) directly regulating, for example, the decree of the President of the Russian Federation "On the structure of federal executive bodies" (RG dated May 17, 2000 No. 867); b) indirectly affecting, for example, the Civil Code of the Russian Federation, regulating property relations, has an impact on the content of the organization of economic management;
Depending on the principle of federalism, which is reflected in the system of scope of competence of the organization
1 SFKZ and FZ. 1996, Issue 10(28).
2 SZ RF. 1999. No. 44. Art. 5297.
3 SZ RF. 1999. No. 51. Art. 6286.
4 SZ RF. 1999. No. 2. Art. 231.
new state power of Russia, and subjects of the Russian Federation as a whole in specific areas and industries.
The most important guidelines in the field of a rational combination of state and regional aspects in the activities of state bodies and local self-government bodies are defined in the Concept of the State National Policy of the Russian Federation dated June 15, 1996 No. 06.1996 No. 803.
The mining and processing industry has always been considered a special sphere of economic interests of the state, since the industrial complex is designed to provide a variety of social and individual needs for such products. Domestic industry in all countries is the guarantor of economic independence. The experience of our country over the past decade is a convincing negative example of this.
The most important issues of regulating economic relations are decided by the legislative and executive authorities. They regulate the basic economic relations, while providing their fundamental legal guarantee.
In the system of state management of the economy, at present, there is mainly a decentralized system of governing bodies as part of federal executive bodies that carry out federal programs in the sectors entrusted to them.
The industrial complex plays a special role. It is the most important part of the national economy of the country, the basis of its economic power and defense capability. This complex unites a number of groups and industries, which, in turn, are divided into associations, enterprises and organizations. The powerful scientific, technical and intellectual potential of the country is concentrated here. The purpose of the industrial complex is to provide the national economy with fuel and raw materials, machinery, equipment and other modern means of production, to produce goods that are in demand for the population.
The concept, forms and types of economic relations
Definition 1
Today, economic relations are commonly understood as certain connections (relationships) that arise between people, regardless of their will and consciousness in the process of social reproduction. As a rule, such relations encircle all spheres of life of human society.
The emergence and development of economic relations is associated with the implementation of four groups of processes:
- production;
- distribution;
- exchange;
- consumption.
Their totality forms the basis of social reproduction.
Economic relations are heterogeneous in their composition and purpose. In this regard, it is customary to distinguish their various forms and types.
The main forms of economic relations are shown in Figure 1. Consider them in more detail.
Figure 1. Forms of economic relations. Author24 - online exchange of student papers
Technical and economic relations are associated with the use of resources in the course of the reproduction process. They are reflected in the social division of labor, specialization and cooperation.
Socio-economic relations are connected with the ownership of the means and results of production.
Organizational and economic relations are the forms and methods of management and are formed in terms of the choice and use of certain methods of organizing the processes of social production and managing them.
Economic relations also differ by species. In particular, they can be sustainable and one-time, voluntary and compulsory, etc.
One way or another, economic relations are based on property relations and require their own regulation, which can be carried out on a voluntary (self-regulation) and compulsory basis.
Legal aspects of state regulation of economic relations
Since ancient times, economic relations have been the object of regulation, while law is their main regulator.
Definition 2
Legal state regulation of economic relations is one of the forms of state regulation of social relations, which ensures the behavior of subjects of economic relations in accordance with the requirements of the current rules of law.
Today, the state regulation of economic relations is based on the norms of civil and economic law.
Remark 1
The essence of legal state regulation of economic relations is reduced to the development and formation of a legislative framework that ensures the functioning of various market structures, commerce and entrepreneurship, the interests of society and the equality of market entities.
The decisive role in the system of state legal regulation of economic relations is assigned to antimonopoly legislation and deflationary policy.
The antimonopoly state policy is based on the implementation of administrative and economic measures aimed at preventing the monopolization of trade and production by individual economic entities. Its main instruments are:
- state control of prices of enterprises-monopolists;
- encouraging diversification;
- disintegration of excessively large commercial, industrial and administrative structures;
- development of competition (including control of admission to the domestic market of foreign producers);
- providing antimonopoly expertise of adopted laws.
An equally important role in the state regulation of economic relations is played by the deflationary policy aimed at curbing price increases. Its main instruments are the stabilization of aggregate effective demand, supply management and the transition to equilibrium market prices.
Legal regulation of economic relations can be carried out at various levels, ranging from regional to global. One way or another, it is an integral element of the current economic system.
In addition to the right state regulation, economic relations are subject to market management and control. In this case, we are talking about the mechanisms of self-regulation and, first of all, about free competition.
Nevertheless, in the modern world, the decisive role in the regulation of economic relations is given directly to the institutions of state and law.
Forms and types of legal regulation of economic relations
State regulation of economic relations is one of the forms of its participation in economic life. Its essence is reduced to a direct or indirect impact on the processes of resource allocation and the formation of proportions.
In general, the legal regulation of economic relations can take two main forms (Figure 2). Let's consider them in more detail.
Figure 2. Forms of legal regulation of economic relations. Author24 - online exchange of student papers
Direct forms of state regulation of economic relations are associated with the use of various methods of irrevocable financing of industries, territories and enterprises. These include direct subsidies, which include a variety of benefits, subsidies and additional payments made from specially created funds (budgetary and extrabudgetary). In addition, this also includes tax incentives and preferential loans.
Unlike direct forms, indirect forms of regulation of economic relations include various levers of state policy implemented by its government. In particular, this includes:
- money-credit policy;
- fiscal policy;
- foreign economic and monetary policy;
- customs and tariff policy, etc.
In addition, it is customary to single out an administrative form of regulation of economic relations, which includes a whole range of measures of indirect influence. Such measures are licensing, quotas, changing the discount rate, price control, etc.
