Protection of the rights of the entrepreneur. Forms and methods of protecting the rights of entrepreneurs

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Protection of the rights of an entrepreneur, as well as his legitimate interests, is the use of a whole set of special mechanisms that have regulatory certainty. Such mechanisms are aimed at restoring or recognizing a violated or disputed right, as well as the interests of a businessman. Various ways of protecting the rights of entrepreneurs are carried out in those ways and in such forms that also comply with the current legislation. Measures of legal liability should be applied to the violator of interests and rights, but only within the framework established by applicable laws.

At the same time, it is worth noting the fact that each individual branch of law has its own requirements for how the rights of an entrepreneur should be protected.

Article 15 of the Civil Code of the Russian Federation

In accordance with this article, the protection of the rights of the entrepreneur must be ensured if it is necessary to compensate for any losses incurred as a result of violation of his rights and legitimate interests. In particular, this also includes the lostbenefit, that is, a certain amount of income that was not received by the businessman, but which he had good reason to count on if his rights had not been violated.

It is worth noting that the current criminal legislation also includes the creation of obstacles to doing business if it is carried out legally. And in such situations, the full protection of the rights of the entrepreneur should also be ensured.

What is this?

In order to defend their interests, a businessman can use a variety of mechanisms and methods, all of which are provided for and listed in some detail in the current legislation. What unites them all is that the use of such mechanisms and means ultimately leads to a full restoration of the position of the entrepreneur, which he had before the violation occurred. Actions that infringe on his legal rights, or create a real threat to their use, must be stopped without fail.

At the same time, one must correctly understand that entrepreneurship is an exclusively initiative independent activity that is carried out by a person at his own peril and risk, as a result of which the protection of the rights of entrepreneurs may be necessary in a number of unforeseen circumstances.

Pitfalls

A rather important problem is that modern businessmen in the vast majority of cases do not know everyonesubtleties of modern jurisprudence in Russian and international practice. Imagine that suddenly you have some kind of difficult situation with your partners operating in Russia, and even here you will not be able to cope on your own. What can we say about if you will need to use certain methods of protecting the rights of entrepreneurs in the process of solving problem situations with partners from other states, because here you will no longer know all the necessary subtleties. It is for this reason that the overwhelming majority of people prefer to turn to qualified specialists who are fully aware of the current legislation and have extensive experience in resolving such disputes.

What could happen?

Over time, more and more people are beginning to be interested in the forms of protection of the rights of entrepreneurs, but at the same time it is necessary to understand correctly that in this case the subject of protection itself should be discussed directly. Without understanding how the content of the activity of a businessman is carried out, as well as what exactly is included in this concept, it will be quite difficult and futile to discuss this problem.

Anyone who can use the Business Rights Act is well aware that they are running a personal business, but only a few know exactly what this concept includes, including those people who are the direct object of discussion. A clear understanding of what exactly needs to be secured, from whom it will be necessary to use the Federal Law onprotection of the rights of entrepreneurs, and why it is important to provide such protection, is essential for every businessman, as well as for those individuals who may become violators of these rights.

Features of legislation

The official document regulating the basics of entrepreneurial activity is the Civil Code, and more precisely, its article No. activity is to extract systematic profit.

The use of certain property, the performance of work, the provision of various services, or the sale of goods can serve as a source of profit. The person who carries out the activities specified in article No. 2 must be officially registered as an entrepreneur, and the procedure for such registration is carried out individually in each individual case.

Why is it important to understand this piece of legislation?

The statutory definition of entrepreneurship is important for several reasons:

• There are reasons to set certain requirements for how such activities should be carried out.
• Failure to comply with the established requirements ultimately leads to the fact that the violator must be subject to appropriate liability measures.
• The legal consequences of various facts, events or actions related to doing business are based on the legal definition of business activity defined by the current legislation.

Example

In accordance with the current legislation, every person who is going to run his own business must register his entrepreneurial activity. In the event that it is carried out without prior registration, this will already be interpreted as a direct violation of the laws, and no protection of the rights of legal entities and individual entrepreneurs has anything to do with this person.

Thus, the person who committed this violation should be punished accordingly. In particular, all the income received by a person in the course of conducting such activities is transferred to the state in full, and at the same time, the country should not ensure the protection of the rights of an individual entrepreneur.

To solve the problem with state registration, first of all, it is necessary to decide what specific actions will be included in that very activity, and only after that it is already decided what the negative consequences of non-compliance with the established laws will be.

Second example

Since the main purpose of doing business is to make a profit, it is quite a logical continuation of making a profit is the obligation to pay taxes. ForIn order to resolve the issue of taxation, one must first decide on the composition of income that may be taxed, and whether any remuneration can be regarded as income from the activity carried out. The practice of modern state bodies indicates that in the vast majority of cases they try to combine with profit any income that was received in the course of doing business. Accordingly, the size of the taxable base increases in parallel, which is far from always correct, and in many cases the protection of the rights and interests of entrepreneurs may well be ensured.

Key features of entrepreneurship

In order to properly define the conduct of business, as well as, for example, to know where "Federal Law No. 294 on the Protection of Entrepreneurs' Rights" can be used, you need to understand a number of essential features. Some of these signs are established by the current legislation or may not be established, but do not lose their importance.

First

Entrepreneurial activity should be a specific activity. Despite the fact that “activity” is often used in the current legislation, this has no official explanation. It is for this reason that in order to explain the state of activity, one has to resort to economic and philosophical conceptual categories.

In accordance with the philosophy, activity representsa purposeful change in the environment of a person in his own interests or the interests of other people. Among these elements are:

• a subject that directs its activity to other subjects or some objects;
• an object experiencing the purposeful activity of a certain subject;
• the activity itself, which is a certain way of influencing an object or a way of determining the communicative effect between several subjects.

Thus, an entrepreneur is a certain person who performs a set of various actions that are carried out systematically and constantly, and at the same time aimed at providing benefits of both intangible and material nature. All these actions are implemented in the relevant market as a product, or actions aimed at providing certain services or performing work. It is for such people that Law 294 on the Protection of the Rights of Entrepreneurs can be applied.

Second

The second sign is a certain property, which has not been provided with legislative consolidation, but at the same time is quite important, namely professionalism. This sign is manifested in the fact that the entrepreneur carries out his own activities in full accordance with the established methods and requirements, but at the same time his activities are paid, and the subject influences his own actions.

Third

The entrepreneur is independently engaged in his own activities. This sign characterizes the purposeful will of the entrepreneur, aimed at carrying out a certain type of activity, which should be carried out by legal entities and citizens by their power and in their personal interests.

Fourth

Profit is systematic, and it is formed from the income received in the course of business activities, reduced by the total number of expenses. Balance sheet profit is that part of the revenue that has already remained after any taxes and all other budget payments have been transferred.

Thus, entrepreneurial activity cannot be characterized by the performance of any actions aimed at a one-time profit, and when performing such actions, no responsibility for conducting unregistered entrepreneurial activity can arise. It is worth noting that this provision is also reflected in the modern regulatory framework.

Fifth

A person is engaged in entrepreneurial activity solely at his own peril and risk, and the latter concept is reflected exclusively in a separate law "On the organization of insurance business." In order to determine the concept of risk in modern entrepreneurial activity, you can use the concept from this law, according to which an event that has signs of chance orprobability of occurrence. One of the main goals of forming a legal entity is to minimize entrepreneurial risk.

According to the legal literature, entrepreneurial risks include the possibility of not receiving profit, some other planned result of activity, or receiving a negative result from the actions of the entrepreneur.