State regulation and control in the field of business activity. State regulation of business activities

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  • 7. Concept and types of business entities.
  • 8. Commercial organizations as business entities: concept, types, organizational and legal forms, legal personality, system of fundamental rights and obligations
  • 9. Statutory and extra-statutory activities of commercial organizations. Licensing of business activities.
  • 6.8. Licensing
  • 10. The procedure for the creation and state registration of commercial organizations. Constituent documents of commercial organizations.
  • 11. Grounds and procedure for liquidation of commercial organizations.
  • 12. Structure of commercial organizations. Legal status of branches, representative offices, structural divisions of commercial organizations
  • 15. Legal status of LLC
  • 16. Joint-stock companies: concept, types and procedure for creation.
  • 17. Management bodies of commercial organizations
  • 19. State and municipal unitary enterprises: procedure for creation, reorganization, liquidation. Legal personality of enterprises.
  • 20. Legal status of individual entrepreneur
  • 21. Features of the legal status of the head of a peasant (farm) enterprise.
  • 22. Entrepreneurial activity of non-profit organizations: conditions and procedure for its implementation.
  • 23. Legal status of a joint-stock investment fund
  • 24. Mutual investment fund: concept and types. Creation and termination of a mutual investment fund, management of a mutual investment fund.
  • 25. Concept and characteristics of a credit organization. The procedure for creating a commercial bank. Licensing of banking operations.
  • 26. Concept and types of exchanges. The role of exchanges in business turnover.
  • 27. Commodity exchange. The procedure for creating and licensing activities. Exchange trading participants. Exchange commodity.
  • 28. Stock exchange. The procedure for creating and licensing activities. Members of the stock exchange. Listing and delisting rules.
  • 30. Legal status of insurance organizations. The procedure for creating insurance organizations. State supervision over the activities of insurance organizations.
  • 31. The concept of holding. Types of holding companies. Methods for creating holding companies.
  • 32. The concept of insolvency (bankruptcy). Signs of bankruptcy of business entities.
  • 33. Bankruptcy procedures for a legal entity, purposes and reasons for their introduction.
  • 34. Arbitration manager: concept, types. Requirements for candidacy of an AU, procedure for its approval. Rights and obligations of au.
  • 35. Opening of insolvency (bankruptcy) proceedings.
  • 36. Surveillance as an insolvency procedure.
  • 37. Financial recovery as a bankruptcy procedure.
  • 38. External management as an insolvency procedure.
  • 39. Bankruptcy proceedings as an insolvency procedure.
  • 40. Settlement agreement as an insolvency procedure.
  • 41. Simplified bankruptcy procedures.
  • 42. Features of bankruptcy of individual entrepreneurs.
  • 43. Features of bankruptcy of credit institutions.
  • 44. The concept of property of a commercial organization and its legally significant classifications.
  • 45. Authorized (share) capital (fund) of commercial organizations. Assessment of the value of property contributed to the authorized (share) capital (fund) of commercial organizations.
  • 46. ​​Legal forms of ownership of property by commercial organizations: right of ownership, right of economic management, right of operational management.
  • 47. Legal regime of funds of a commercial organization. Rules for storage, accounting and use of funds of a commercial organization in settlements.
  • 48. Rules for accounting, storage and circulation of securities acquired by a commercial organization.
  • 49. Special funds (funds, reserves) of a commercial organization.
  • 50. Levy of execution on the property of a commercial organization.
  • 51. State regulation of entrepreneurial activity: concept, types, grounds, limits.
  • 52. State regulation of investment activities.
  • 53. Features of the legal regulation of relations related to privatization.
  • 54. The concept of competition. Unfair competition in product markets.
  • 55. Legal forms of restricting monopolistic activities and unfair competition.
  • 56. Sanctions applied for violation of antimonopoly legislation.
  • 57. Legal regulation of the quality of products, works, services.
  • 58. Legal regulation of prices for products, works, services.
  • 59. The concept of protecting the rights and legitimate interests of business entities. Forms, order and methods of protection.
  • 60. Judicial form of defense. Bodies providing protection. Claim protection procedure.
  • 61. Concept and types of business agreement. The role of the contract in business relations.
  • 62. Supply contract: concept, types, essential conditions, basic rights and obligations.
  • 63. Construction contract: concept, types, essential conditions, basic rights and obligations
  • 64. Bank deposit agreement. Types of deposits.
  • 65. Bank account agreement.
  • 66. Legal regime of the property trust management agreement.
  • 51. State regulation of entrepreneurial activity: concept, types, grounds, limits.

    State regulation of entrepreneurial activity is the management activity of the state represented by the relevant authorized bodies, aimed at streamlining economic relations in the field of entrepreneurship in order to protect the public and private interests of the participants in these relations.

    The state, represented by the competent authorities, carries out an economic function, which is expressed in the following areas: ensuring state and public needs, priorities in economic and social development; formation of the state budget; environmental protection and use of natural resources; ensuring employment of the population; ensuring security and defense; implementation of freedom of entrepreneurship and competition, ensuring protection from monopolism; compliance with law and order in the foreign economic activities of entrepreneurs and foreign investment.

    State regulation of business activities can be classified depending on the degree of influence of the state on certain social relations in various sectors of the national economy. Thus, S.S. Zankovsky proposes to distinguish the maximum, average and minimum level (regime) of state regulation of the economy. The maximum level involves the use of all or most means of government regulation. A minimum level of regulation exists for businesses involving creative activities.

    Taking into account the scope of application of certain means of influence, we can distinguish state regulation at the federal level, at the level of the constituent entities of the Federation, at the level of the autonomous region and autonomous districts. These and other types of government regulation are reflected in federal laws and other legal acts.

    State regulation of business activities does not undermine the basic principles of civil legislation (Article 1 of the Civil Code). The principle of the inadmissibility of arbitrary interference in private affairs means that the legislator generally allows state intervention in the economy. Permissible (involuntary) interference is based on the law - state regulation of business activities. Arbitrary interference is illegal. In a word, interference is different from interference.

    By virtue of Part 1 of Art. 34 of the Constitution of the Russian Federation, any citizen has the right to engage in economic activities not prohibited by law. Therefore, any economic activity (including entrepreneurial activity) presupposes legal grounds. You cannot engage in those types of business that are expressly prohibited by law. State regulation of entrepreneurship is limited by law.

    The situation is more complicated with the limits of state intervention in regulating business activities. Representatives of constitutional law believe that these limits must comply with the principle of proportionality and balance. However, this principle (as well as others) is not formulated in the Constitution of the Russian Federation, although, according to G. A. Gadzhiev, the principle of proportionality and balance follows from the analysis of individual constitutional provisions. A very interesting position: the constitutional principle is not explicitly expressed, but implied.

    Guided by this principle, authorities cannot impose obligations on citizens and legal entities that exceed the established limits of necessity arising from public interest in order to achieve the goal pursued by the measure. Otherwise, government intervention in the sphere of entrepreneurship will be excessive. It remains to develop criteria in this regard and create judicial practice, including the legal positions of the Constitutional Court of the Russian Federation,

    In this regard, we can highlight the main directions of state legal regulation of the economy in general and business activity in particular.

    This is for example:

      antimonopoly regulation of business activities;

      the use of forms and methods of state planning and regulation (norms, standards, quotas, a system of state, regional and municipal orders);

      state regulation of the Russian national market;

      state control over business activities;

      state regulation of international economic relations.

    After studying this chapter, the student should:

    • know the concept of state regulation of business activities, the concept of audit and auditing activities, responsibility in business relations;
    • be able to analyze sources of legal regulation containing mandatory norms of state regulation of business activities;
    • own skills in analyzing legal sources, systems, principles and methods of state regulation of business relations.

    System and principles of state regulation of business activities

    State regulation of entrepreneurial activity is the impact of the state on it through the adoption of regulations, legal acts of individual regulation, organization of control over compliance with legal requirements by entrepreneurs and the application of incentive measures and liability in case of violation of these requirements.

    The main goal of regulating business activities by the state is to provide the conditions necessary for the smooth functioning of the domestic economy, as well as to achieve the constant participation of state resident producers in the international division of labor in order to derive benefits from this that are optimal for doing business.

    Each state forms its own goals and objectives in the field of business regulation and strives to achieve their implementation by possible means and methods that are based on the economic situation in that particular country. The tasks of the state change repeatedly under the influence of changes in world markets. At the same time, the regulatory mechanism, as a rule, remains unchanged, since it has been developed in accordance with the characteristics of a particular country.

    The state, through its mechanisms in the field of business regulation, solves the following problems:

    • development of new laws, legislative control, which provides legal protection to business entities;
    • increasing the efficiency of production activities, state control over its implementation and reducing costs;
    • moderate reduction in direct interference in the activities of industrial enterprises and bureaucratic control;
    • ensuring the necessary conditions for the development of fair and free competition, the development of trade in both domestic and foreign markets;
    • carrying out correct and fair tax, interest and financial policies that promote budgetary and commodity-monetary balance, control over the issue of money;
    • ensuring the development of the economy at the current moment and analyzing the prospects for its development;
    • carrying out a well-thought-out investment policy, promoting scientific and technological progress;
    • promoting the accumulation of capital in the long term, reducing inflation rates;
    • control over compliance with labor legislation, promotion of open movement of labor, creation of employment services, control over the hiring of workers by private individuals, establishment of optimal and minimum wages;
    • implementation of measures to improve the well-being of society, living standards, and reduce differentiation of the population by income level.

    Legal forms of government influence on the economy are normative legal acts and acts of a non-normative nature. In the latter case, we are talking about acts of individual regulation relating to a specific object.

    When considering state regulation of business activities, it is important to note that currently its main focus is production and its efficiency. It is not the demand, but the supply of goods and services that is increasingly subject to regulation.

    Therefore, the main tasks of the state in this area should be met:

    • increasing the competitiveness of domestic products, developing exports and the country’s entry into the world market;
    • creating growth points for the development of domestic production, development of the highest priority industries, creation of enterprises in export industries;
    • changing production in a structural sense, developing its new industries, supporting developed industries characteristic of a given country, developing existing industries in the direction of following their global requirements and standards, orienting domestic industries to global conditions, taking into account international specialization;
    • opening new sources of raw materials to enable long-term support of the production process, as well as guaranteed supply of enterprises with fuel and raw materials;
    • development of short-term and long-term political measures to control the market situation, regulate demand and foreign economic relations;
    • control over the process of concentration in leading sectors of production and services;
    • developing the structures of large companies and strengthening connections between them;
    • implementation of patent policy.

    One of the main instruments of financial regulation of business is the provision of state subsidies and direct loans to entrepreneurs, mainly for the modernization and development of the production apparatus of firms at the expense of the state. However, the issued funds can be used if private enterprise does not have the opportunity to continue the production process or to bring production out of a state of financial difficulty. Programs for preferential lending and subsidies for industries necessary for the development of society are being greatly developed (loans are guaranteed, measures are being taken to curb the growth of export prices, and a protectionist policy is being pursued to protect against foreign competition).

    The state regulates interest rates on loans to private entrepreneurs, which provides greater freedom for businesses to choose financing methods. In addition, the state develops general principles for the implementation of the country’s foreign economic activity.

    Several criteria can be identified to distinguish between types of state regulation of business activities.

    • 1. Level of regulation. Due to the division of competence between the Russian Federation and its constituent entities, state regulation of the economy is carried out throughout the entire territory of the state and within each of its regions separately. For example, federal taxes established by the Tax Code are obligatory for payment throughout the Russian Federation. Regional taxes are required to be paid throughout the entire territory of the corresponding constituent entity of the Russian Federation (Article 12 PC).
    • 2. Relations between the state (its bodies) and economic entities And form of ownership on the basis of which economic entities operate. On this basis, regulation in the public sector of the economy and general legal regulation differ.

    The Government of the Russian Federation develops and approves federal target programs that are to be financed from the federal budget and are drawn up as appendices to the law on the federal budget for the next year.

    It also develops and approves a forecast privatization plan and approves indicators of economic efficiency of state-owned enterprises. The Government of the Russian Federation has the right to take measures to reorganize unitary enterprises and their liquidation.

    3. Method of influencing the behavior of business entities. Depending on this criterion, direct and indirect regulation are distinguished.

    Direct regulation is carried out by presenting mandatory requirements to entrepreneurs. Such requirements are contained in laws (for example, requirements for maintaining accounting and tax records) and are presented in the form of instructions and other individual decisions made in relation to specific entrepreneurs.

    Indirect regulation consists in the fact that the state achieves the required behavior from entrepreneurs not through direct government influence under the threat of applying sanctions to violators of regulations, but through economic methods and incentives. Indirect methods are various methods of supporting entrepreneurs, including small businesses (tax incentives, tax credits, government assistance, including in the form of subsidies, subventions, provision of loans on preferential terms at the expense of budgets of various levels, state guarantees to persons who received loans from banks for the implementation of investment projects, provision of discounts on rent to persons in whose business activities the state is interested).

    • 4. Kind of activity. In the process of state regulation, the specifics of the type of activity of certain industries are taken into account, for example, the characteristics of agricultural production, subject to the influence of natural phenomena, scientific and technical activities, which, due to their special risky nature (the risk of obtaining a negative scientific result, difficulties in implementing scientific and technical results) needs government support.
    • 5. A method of establishing a legal connection between the state and entrepreneurs. Depending on this criterion, the impact within a specific legal relationship differs. The content of the public legal capacity of an economic entity consists not only of rights, but also of obligations to comply with the requirements imposed by the state on entrepreneurs (not to violate prohibitions, to take actions in the performance of duties when appropriate conditions arise). As long as there is no violation of prohibitions and restrictions, a specific legal relationship does not arise. An offense is the basis for the emergence of a relative legal relationship in which the protective rule of business law is implemented. Norms and requirements of a regulatory nature can be implemented directly in legal relations. For example, if an organization has property in the form of fixed assets, it is obliged to pay property tax. An organization - a legal entity, regardless of the financial results of its activities, is obliged to provide accounting and tax reporting in the prescribed manner. These obligations are implemented within the framework of a specific legal relationship, which arises automatically for the entrepreneur, since there are appropriate circumstances (conducting business activities, the occurrence of an event - a reporting period for the occurrence of the obligation to provide accounting and tax reporting).

    In addition to general means of regulation (rules of law), there are special means and instruments of regulation.

    These include the requirements that establish quantitative measures of the entrepreneur’s activities:

    • norms, standards (for example, the minimum amount of the established capital of a business company, standards for the adequacy of equity capital of a licensee - a professional participant in the securities market, standards for maximum permissible harmful substances in water, in agricultural products, standards for maximum permissible levels of noise, vibration and other harmful effects on human health in production conditions):
    • limits (for example, limits on emissions of pollutants into the natural environment);
    • bet sizes (taxes, duties, discount rate of the Central Bank of the Russian Federation);
    • odds, increasing and decreasing, used in state regulation of prices (tariffs);
    • quotas – quantitative restrictions, for example on the export or import of certain types of goods;
    • reserves (for example, the minimum amount of reserves created for the risks of credit institutions, established by the Central Bank of the Russian Federation, the minimum amount of the created reserve fund of a joint-stock company);
    • maximum permissible amounts (in case of price increases, for cash payments between legal entities and other quantitative restrictions and requirements).

    State regulation of business activities occurs at the federal, regional (level of constituent entities of the Russian Federation) and local (municipal) levels.

    When regulating production processes at the federal level, as well as when considering the existing and future needs of entrepreneurship, it is necessary to take into account the interests of regions and state entities and ensure their consistency. It is necessary to establish a unified system for the activities of enterprises, develop a unified personnel and scientific and technical policy, develop legislative and regulatory acts to regulate the activities of regional markets, and form corporate organizations on the most important organizational and legal aspects.

    Regional bodies occupy a link in the administrative and constitutional regulation of entrepreneurship between the supreme (federal) and local ones. Regional regulation is aimed at meeting the current needs of the population, as well as forecasting future needs and the needs of production as a whole, taking into account the interests of local authorities and the region, while not contradicting federal laws, and strives to harmonize all areas of activity.

    The most important function of regional bodies is to analyze the needs and activities of enterprises, analyze data on market activity, production and procurement of consumer goods, plan trade turnover, develop trade and production, create scientific methodological consulting centers, provide assistance to municipal authorities in the development of new technologies and the development of existing technologies in the regions intellectual potential.

    At the lower level of vertical regulation are local (municipal) authorities. They have a direct impact on business processes and take into account the possibilities of the local market to the maximum extent.

    At this level, the organization of non-profit servicing systems for the needs of the region and trade processes is carried out to provide the population with all necessary goods and services. All these measures are carried out on the basis of norms that do not contradict the norms of the constituent entity of the Russian Federation and the state, but take into account local interests.

    The system of state regulation of entrepreneurial activity covers the subject and objects of regulation, the relationships between them, the goals and methods of regulation, and the stages of the regulation process.

    Primary subject of regulation we will call the state. Since business as a whole does not have any universal self-regulation mechanism that would allow it to operate successfully in all areas. In all economic systems, it is the state that regulates the economy.

    The determining role of the state in stimulating and regulating entrepreneurship is traditional for Russia. The state has always actively intervened in the activities of an entrepreneur, never acting as an outside observer or arbiter.

    In domestic jurisprudence, the Russian Federation and the constituent entities of the Russian Federation are rightly included in the system of primary subjects of state regulation, and government bodies, executive bodies, justice bodies and prosecutorial bodies are included in the system of secondary subjects.

    Object of regulation are the entrepreneurial relationships that are affected. When considering this element, one should keep in mind the classification of entrepreneurial relations, take into account the types of entrepreneurial activities themselves (production, commercial, financial, advisory) and their subtypes, understand that the structure of the legal relationship, which includes the entrepreneur as a subject of the entrepreneurial legal relationship, explains why sometimes They talk about an entrepreneur as an object of state influence, although this is not entirely correct.

    In the most general terms purpose of regulation can be defined as the expected, desired state of the object of regulation, which it must achieve under the influence of the subject of regulation.

    It is customary to distinguish between goals and objectives as the general and the specific.

    The goal provides a general model, a future state, and expresses the orientation in the activities of the subjects of regulation.

    The task mediates the movement of goals within a more specific framework and is a form of materialization of goals, a certain stage in their achievement.

    TO forms of government regulation entrepreneurial activity as external constantly and typified fixed expressions of the practical activities of subjects of regulation can be attributed to the establishment and application of legal norms, as well as the implementation of organizational actions (operational and organizational work).

    State control, which is also often included in this list, is not so much a form as a type of government regulation. The use of state coercive measures is included in the second form or is identified as an independent form.

    Often forms of government regulation are called planning, regulation and control. But the whole cannot coincide with the part by its element. We have already talked about control, and planning and forecasting (development of operational and long-term programs, providing them with material, financial, labor resources, etc.) are, according to management theory, among the general functions of regulation.

    Currently, unfortunately, there is no common understanding methods of state regulation. But most legal scholars define methods of regulation as ways of purposeful influence of the subject of regulation on one hundred objects, as diverse manifestations of the direct practical work of subjects of regulation, expressing methods and techniques for the formation and implementation of regulatory functions.

    According to the essential properties of their manifestation, methods of state regulation can be divided into economic, educational (“educational”), power, organizational; methods of organization and methods of activity; methods of persuasion and coercion; direct and indirect impact; legal and non-legal; scientific, empirical, experimental and random; regulation, general management, direct management; ubiquitous and local; general and special; strategic and tactical.

    Economic methods determine the material interest of the entrepreneur, encouraging him to act in the right direction and achieve proactive solutions to the assigned tasks without special orders or instructions from the subject of regulation; provide the opportunity to choose between types of behavior; are indirect in their impact.

    Educational methods imply the active influence on the psyche of people by ideological and material means in order to raise them from the level of “object” to the level of “subject” of regulation, achieving a socially oriented and effective perception of reality; formation of legal consciousness, improvement of legal culture, including knowledge of the law, the ability to use the opportunities provided by law, primarily in business activities.

    Power methods represent a method of direct influence through a direct binding order, based on the power of state coercion, failure to comply with which may entail legal liability. More often they are called administrative or administrative-directive, although the latter terms are narrower in meaning.

    The essence organizational methods consists in streamlining the structure of state regulation, the functions and competence of each structural unit, information channels of direct and feedback, etc.

    Functional and structural blocks, as well as the connections between them, make up the structure of the elements of state regulation: regulatory, financial, organizational and technological. The element of regulatory support is implemented in the form of establishing rules of law. In the element of financial support, subjects of state regulation manage financial flows (budget formation, government subsidies, transfers) and exercise control over their use. The element of organizational support is associated both with the sphere of operational and organizational work and with the functions of state regulation. Finally, the element of technological support includes the development and approval of standards, control over the implementation of business activities.

    The regulatory influence of the state occurs in a certain sequence of actions that make up the stages of the regulatory process. In this case, it is necessary to distinguish between functions and stages of regulation. Regulation functions characterize the content of regulation and represent independent and separate areas or types of activities of subjects of state regulation, determined by its goals. They are divided into general and special. General ones are objectively present in any process of regulatory influence and are characteristic of any subject of state regulation. These include:

    • forecasting and planning (development of operational and long-term programs, providing them with material, financial, and labor resources);
    • organization (formation of the structure of the regulatory system, determination of functional relationships);
    • leadership (establishing rules and regulations, coordination);
    • operational management;
    • control.

    Special functions reflect the specific features of a given subject of state regulation (for example, technical and methodological guidance, technical control, special types of supervision). In addition, there are auxiliary functions that do not directly express regulatory impact, but are intended to serve the regulatory process within the framework of general and special functions (for example, office work). The functions of state regulation are practically implemented in methods and forms of state regulation.

    Under stages of government regulation refers to individual actions that are objectively necessary for the implementation of all functions, individual stages of the process of implementing these functions, characterizing the sequence of actions within a single whole.

    The following stages are distinguished:

    • collection, analysis and synthesis of information, i.e. the intended use of direct and reverse connections between subjects and objects of state regulation;
    • preparation, development and decision-making, establishment of norms, rules and main directions of activity (organization of the functioning of the state regulation system, determination of the status of participants in relations related to the regulation of business activities);
    • organization of execution of a decision, which has as its purpose the implementation of the norms contained in it in the process of interaction, the relationship between the subject and the object of state regulation (implementation of operational regulation of current relations, adjustment of decisions, operational management, etc.);
    • control over the implementation of the decision (checking the functioning of the facility in accordance with the goals of regulation).

    The combination of these stages, which successively replace each other, and their specific order constitutes the technology of the regulation process. At the same time, each of these stages also consists of a set of sequential interrelated actions, within the framework of individual forms acquiring certain specifics.

    As already noted, government regulation of business can combine direct (administrative) and indirect (economic) forms of regulation.

    To forms direct government regulation economic activities include state registration, fulfillment of obligations to pay taxes and non-tax payments; licensing, compliance with environmental standards, sanitation and hygiene, requirements for the formation of the cost of manufactured products, accounting, standards, certification of products and services, uniformity of measurements, ensuring the quality and safety of goods, works and services; compliance with legislation on consumer protection, etc.

    Indirect forms of regulation involve the provision of preferential loans, grants, subsidies, preferential tax treatment, etc.

    Taxes – these are mandatory gratuitous payments (contributions) established by law and made in a certain amount and within a certain period.

    Taxes are credited to the budget of the appropriate level and are depersonalized there. In this they differ from all kinds of fees, which, although also included in the budget, should be used only for the purposes for which they were collected.

    Subsidies – amounts of money allocated from the state budget to overcome industry crises. They are provided to enterprises whose products are of social, national economic or defense significance, but the costs of their production make production unprofitable. Through subsidies, the state maintains relatively low prices for certain types of goods.

    Over the years of market reforms, the state has intensified efforts to establish, support and develop small businesses. The main aspects of government regulation in this area come down to:

    • formation of infrastructure for support and development of small businesses;
    • creating preferential conditions for the use of state financial, material, technical and information resources, scientific and technical developments and technologies;
    • establishing a procedure for registering small businesses, licensing their activities, certifying their products, providing statistical and accounting reports;
    • supporting foreign economic activities of small businesses, including promoting the development of their trade, scientific, technical, production, and information relations with foreign countries;
    • organizing training, retraining and advanced training of personnel for small businesses.

    An important measure of state support for small businesses is the establishment of state guarantees for the production and marketing of their products. The Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation reserve a certain share of orders for the production of certain types of products, goods and services for government needs and place them among small businesses.

    Small businesses, due to their small capabilities, are in dire need of close relationship and interaction with such organizations. And here the support of the state is invaluable. Government authorities are obliged to provide assistance in organizing unions (associations) of small businesses, created in the prescribed manner as public associations in order to ensure the most favorable conditions for the development of small businesses, protection of their interests in government bodies, and fair competition.

    Let us pay special attention to types of direct control states:

    • control over the placement and construction of enterprises;
    • business control based on financial participation and financial assistance;
    • environmental control over business activities;
    • sanitary control;
    • fire control established by special bodies of the Ministry of Internal Affairs of Russia;
    • quality control of products, especially food and medicine;
    • licensing control;
    • control in the form of labor and social legislation;
    • antimonopoly control;
    • price control.

    Direct government control over business is extensive and justified because it affects vital public interests, and here a huge field of activity opens up for lawyers together with economists. However, centralized government management and regulation often conflict with the processes of market self-regulation, illustrating its inefficiency. Modern socio-economic systems based on the independent formation of business processes can gradually destroy the hierarchical structures of state control if it does not take into account and does not affect the interests of business structures.

    • Alekseeva D. G., Andreeva L. V. Russian business law. M.: Prospekt, 2008.

    Basic Concepts

    The principle of freedom of enterprise enshrined in the Constitution of the Russian Federation may be limited by law in order to protect the foundations of the constitutional system, morality, security, protect the life, health, rights, interests and freedoms of other persons, ensure the defense of the country and the security of the state, protect the environment, protect cultural values, preventing abuse of a dominant position in the market and unfair competition. Such restrictions include various measures of state regulation of business activities.

    State regulation of business activities should be understood as the activities of the state, represented by its bodies, aimed at implementing state policy in the field of business activities.

    State economic policy- main directions of state activity in the economic sphere.

    State forecasting of socio-economic development of the Russian Federation- a system of scientifically based ideas about the directions of socio-economic development of the Russian Federation, based on the laws of a market economy.

    State regulation of the economy- activities of the state, represented by its bodies, aimed at implementing state economic policy.

    State control in the field of entrepreneurial activity- a system for checking and monitoring compliance by commercial and non-profit organizations, as well as individual entrepreneurs, with the requirements of regulations when carrying out business activities.

    Public sector of the economy- a set of economic relations associated with the use of state property assigned to federal state unitary enterprises, state institutions, the state treasury of the Russian Federation, as well as property rights of the Russian Federation arising from its participation in commercial organizations (with the exception of state property involved in accordance with legislation of the Russian Federation in the budget process). An integral and inextricable part of market relations, as well as a means by which the state actively influences the market.

    Indirect methods of government regulation- economic means of influencing regulated relations on the part of subjects of public administration activities.

    Legal support of state regulation in the economic sphere- giving legal form to the means by which state regulation of the economy is carried out.

    Direct methods of government regulation- means of influencing economic relations, which are characterized by the direct power of government bodies on regulated relations and behavior of the relevant entities.

    Basic regulations

    Constitution of the Russian Federation - Articles 8, 11, 34, 35, 57, 71, 72, 73, 74.

    Budget Code of the Russian Federation.

    Civil Code of the Russian Federation - Article 2.

    Tax Code of the Russian Federation - parts one and two.

    Federal Law of August 8, 2001 N 134-FZ “On the protection of the rights of legal entities and individual entrepreneurs during state control” // SZ RF. 2001. N 33 (part I). Article 3436.

    Federal Law of August 8, 2001 N 128-FZ “On licensing of certain types of activities”.

    Federal Law of July 20, 1995 N 115-FZ “On state forecasting and programs for socio-economic development of the Russian Federation” // SZ RF. 1995. N 30. Art. 2871.

    Main directions of the unified state monetary policy for 2003. Approved by the Central Bank of the Russian Federation // VBR. 2002. N 68.

    Regulation of business activities as a function of the state. The main goals of state regulation in the field of business activity

    One of the main functions of the state is economic. It consists in creating the necessary conditions for the sustainable development of economic relations, including general rules for the activities of the main participants in these relations.

    The classification of types of government regulation can be based on the degree of influence of the state on certain relations in various sectors of the national economy or market segments. Thus, it is possible to distinguish the maximum, average and minimum level (regime) of state regulation of the economy *(410) . The maximum level involves the use of all or most of the means (tools) of government regulation. It is established in relation to, for example, natural monopolies. A minimum level of government regulation exists in relation to entrepreneurship associated with creative activities.

    Kinds state regulation are classified depending on the territory of application of certain means of influence. In this regard, it is possible to distinguish state regulation at the federal level, at the level of the subject of the Federation, at the level of the autonomous region and autonomous districts. Other classifications of types of government regulation in the economic sphere are also possible.

    Goals State regulation in the economic sphere involves solving a number of specific tasks aimed at implementing the functions of the state in the economic sphere. The main goal is to create the best conditions for the development of the economy and entrepreneurship at a specific stage of development of society.

    the main objective is revealed through such goals as leveling the economic cycle, ensuring stable development of the economy, monetary circulation, creating a competitive environment, ensuring normal employment of the population, price stability, creating conditions for social partnership, etc. The functions of the state in the economic sphere are performed by solving specific problems that arise as a result of achieving the set goals.

    One of the main functions state in the field of economic activity is to create a legal framework for the effective functioning of the market, creating stable “rules of the game”. In this regard, the task arises of creating legal support for the implementation of this function of the state in the economic sphere.

    Legal support for state regulation of business activity involves giving legal form to the means by which regulation is carried out. Traditionally, the legal forms of state regulation of the economy are laws and regulations, among which we should highlight decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation, departmental regulations and internal (local) regulations. It is necessary to take into account that judicial practice plays a big role in the protection and defense of the rights of entrepreneurs, however, judicial acts cannot be considered as sources of law.

    Objects of state economic policy, the form of implementation of which is state regulation of the economy, are extremely diverse. These include various sectors and sub-sectors of the national economy, which is confirmed by the adoption, for example, of the Federal Laws “On Federal Railway Transport”, “On State Regulation of Agro-Industrial Production”.

    Objects of state regulation are often different regions of Russia, an example of which is the Federal Law of June 19, 1996 N 78-FZ “On the fundamentals of state regulation of socio-economic development of the North of the Russian Federation” *(416) .

    Certain types of business activities are also objects of state regulation, for example, those related to the procurement, sale and export of valuable wood species (see, for example, Decree of the Government of the Russian Federation of January 5, 1999 No. 18 “On additional measures of state regulation during procurement, sales and export of valuable forest species") *(417) .

    Object of state regulation There are separate means (instruments) with the help of which state regulation is carried out, such as price, planning, monetary circulation, etc.

    Most Russian and foreign researchers emphasize the mixed nature of the modern economy in developed countries, which presupposes the existence of a public sector in the economy *(418) .

    State regulation of entrepreneurship is necessary both to ensure the implementation of the public interests of society and the state, and to create the best conditions for the development of entrepreneurship.

    Tasks State regulation of entrepreneurship can be divided into two groups:

    Environmental protection;

    Alignment of the economic cycle;

    Ensuring a normal level of employment of the population;

    Protecting the life and health of citizens;

    Supporting competition in the market;

    Support and development of small businesses;

    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.

    Modern economic conditions force the state to more actively implement government regulation and engage in the development of entrepreneurship. All this is carried out in connection with the transformation of entrepreneurship itself and its interaction with the state, including changes in the organizational forms of interaction between government bodies and private business entities, significant shifts in the goals, mechanism, management apparatus, and in the combination of state and market regulatory mechanisms.

    The purpose of state regulation of the business environment is to create certain conditions that ensure the normal functioning of both the economy in general and entrepreneurs in particular. The state has its own goals at each specific stage of development, fulfilling its economic and social obligations. Therefore, the goals and objectives of government regulation are subject to change, while the regulatory mechanism is quite well developed, although it has characteristics in each individual country.

    In general terms, the tasks of state regulation include:

    • development, adoption and control of legislation that provides a legal basis and protection of the interests of entrepreneurs;
    • increasing the efficiency of government regulation and reducing related costs;
    • weakening direct forms of intervention and bureaucratic control over the activities of enterprises;
    • creating conditions for free and fair competition in the market;
    • ensuring macroeconomic balance through tax, budget, anti-inflation, and monetary policies;
    • the formation of an effective and competitive structure of the national economy through a combination of current and promising directions of economic development (in practice achieved through structural, investment and scientific and technical policies);
    • maintaining social balance and an acceptable level of differentiation and income distribution for the majority of the population, achieved through high employment of the population and the development of self-employment.

    The basis for the legal regulation of the business environment is the principles of state regulation in the implementation of such policies. The principles of state regulation of entrepreneurship are fundamental ideas enshrined in legal norms, in accordance with which the mechanism of Russian statehood in the field of entrepreneurship is organized and functions.

    • 1. The principle of legality. The main thing in the content of this principle is the requirement to comply with laws and regulations based on them. The legality of state regulation of entrepreneurship means that its measures comply with current legislation and are applied in the manner prescribed by law. The principle of legality is the basis for the functioning of the state in general and business activity in particular.
    • 2. The principle of expediency of state regulation of entrepreneurship is that it should be used only when with its help certain problems in the development of entrepreneurship can be solved and when the negative consequences of its use do not exceed the positive effect achieved with its help. The purpose of applying government regulation is to create obstacles to violations of legal norms.
    • 3. The principle of justice. The fairness of state regulation is ensured by the fact that the rules of law establish the equality of business entities before the law and are expressed in accordance with the volume of regulatory impact and the nature of the offense, in their proportionality.
    • 4. The principle of mutual responsibility of the state and economic entities. At the same time, the main subject of ensuring the security of business activities is legally recognized as the state, which exercises functions in this area through the legislative, executive and judicial authorities.

    The principle of freedom of enterprise enshrined in the Constitution of the Russian Federation may be limited by law in order to protect the foundations of the constitutional system, morality, security, protect the life, health, rights, interests and freedoms of other persons, ensure the defense of the country and the security of the state, protect the environment, protect cultural values, preventing abuse of a dominant position in the market and unfair competition. Such restrictions include various measures of state regulation of business activities.

    Under government regulation entrepreneurial activity should be understood as the activity 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 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;

    Alignment of the economic cycle;

    Ensuring a normal level of employment of the population;

    Protecting the life and health of citizens;

    Supporting competition in the market;

    Support and development of small businesses;

    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 State regulation of business activities can be divided into two groups.



    1. Direct(administrative) methods are means of direct government influence on the behavior of subjects carrying out entrepreneurial activities. These include:

    State control (supervision) over the activities of entrepreneurs;

    State registration of legal entities and individual entrepreneurs;

    Taxation;

    Licensing of certain types of business activities;

    Issuance of orders by the antimonopoly authority, etc.

    2. Indirect methods are economic means of influencing business relations by creating conditions that influence the motivation of behavior of business entities. These include:

    Forecasting and planning;

    Providing tax benefits;

    Preferential lending;

    State (municipal) order, etc.

    Entrepreneurial environment

    An enterprise operates in a certain business environment, which influences all its activities.

    Entrepreneurial environment characterized by the current economic and political situation, legal, socio-cultural, technological, geographical environment, environmental situation, as well as the state of institutional and information systems.

    Economic situation determines the income and purchasing power of the population, the level of unemployment and employment, the degree of economic freedom of entrepreneurs, investment opportunities, the availability and accessibility of financial resources and other economic factors.

    Political situation depends on the goals and objectives of the government in power. By pursuing one or another economic policy, the state can stimulate or restrain entrepreneurial activity in certain industries or regions.

    Legal environment characterized by a system of laws and other regulations governing trade, production, financial, tax, innovation and investment areas of the enterprise. The degree of development of the legal framework for entrepreneurship largely determines the stability and sustainability of the enterprise.

    Geographical environment determines the natural conditions in which business is carried out, for example, the availability of raw materials, energy resources, climatic and seasonal conditions, the presence of highways, railways, sea and air routes. Geographical factors are taken into account when choosing the location of an enterprise, developing schemes for the supply of raw materials, distribution of finished products, etc.

    Ecological situation reflects the state of the environment, the degree of environmental risks, the development of control systems and measures to influence enterprises that pollute the environment. These and other environmental factors are taken into account when an enterprise chooses a particular technology, raw materials used or type of product produced.

    Institutional environment characterized by the presence of various institutions (organizations), with the help of which various commercial transactions are carried out and business relationships are established.

    Such institutions include banks, insurance companies, stock exchanges, firms providing various professional services (legal, accounting, auditing, etc.), advertising agencies, employment agencies, etc.

    conclusions

    The enterprise operates in a certain business environment, which influences all aspects of its activities. When developing an enterprise development strategy, it is important to take into account its state, development prospects, dynamics, and various areas of impact.

    External business environment

    The external business environment is a complex system of external regulation of business activities. For entrepreneurs, it is objective in nature, since they cannot directly change it (for example, federal laws, natural factors, etc.), but must take it into account when running their own business.

    The external business environment includes areas and factors of the macro environment (general environment) of the company (Table 1).

    Table 1. External business environment of the company

    Macro environment Macroenvironmental factors
    1. International The number of “hot spots” in the world where any military conflicts are taking place The number of military and other persons involved in the “hot spots” at a given time The number of international symposiums, conferences, exhibitions and other top-category events currently held in the country and in the world in the field of education, culture, scientific and technological progress Trends in changes in life expectancy of the population as a whole in the world community
    2. Political Stability of democratic transformations in the country Probability of a return to the previous political system Number of strikes with more than 100 people participating in the country on a given day Criminal situation in the country Number of political factions in the legislative branch
    3. Economic The share of industrial products of the country's firms that are competitive in the foreign market The share of the industrial products of the country's firms that are competitive in the domestic market Trends in changes in foreign economic relations The country's budget deficit, % Average annual inflation rates The share of private property in the total property of the country The presence of a “transition strategy” of the country to market relations and their development Availability of federal methodological documents regulating the process of making and implementing management decisions (on functional-cost analysis, forecasting, standardization, optimization, economic justification and other issues) The share of raw materials in the country’s exports Indicators of the tax system and foreign economic activity Structure of distribution of income of the population Level of development of the country's financial system
    4. Socio-demographic Place of the country in the world in terms of life expectancy Place of the country in the world in terms of living standards of the population Life expectancy (men, women) Mortality of children under one year of age, % of the number of births and in comparison with the best world indicator Fertility and mortality of the country's population Structure of the country's population by gender, age, family composition, employment, proportion of single people, by education, proportion of the number of working women, employees, pensioners, schoolchildren, students, working women, population density by region, etc. Population migration Prospects of cities Population structure by income, etc. .
    5. Legal Availability of federal legal acts on standardization, metrology, consumer protection, antitrust policy, certification of goods and services, quality management and competitiveness of goods, environmental protection, entrepreneurship, securities, finance, etc. Availability of federal legal acts regulating the relationship between the components of the country's economic system Availability of federal legal acts regulating the foreign economic activity of the country and firms Availability of a federal program for creating a rule of law state Quality of prosecutorial supervision over compliance with federal legal acts Continuity of legal support vertically and horizontally
    6. Ecological Parameters of the country's ecosystem Number of cities that do not meet environmental requirements and the share of their population Costs in the country's budget (in%) for maintaining the country's ecosystem
    7. Natural and climatic Assessment of the country's main natural resources and its place in the world community Characteristics of the country's climatic factors Deficiency of certain types of resources by region of the country Degree of use of secondary resources
    8. Scientific and technical The share of inventions and patents of the country in the fund of the world community The share of the number of doctors of science, professors in the total number of employees in the country The cost of the country's fixed production assets per scientist The level of automation of production in the country's mechanical engineering Expert assessment of the monthly salary of a scientist, designer, university teacher (in US dollars) Indicators of depreciation of fixed production assets in sectors of the country's national economy Characteristics of the country's information system Level of computerization of the country
    9. Cultural Average level of education of the country's population Provision of the country's population with cultural objects Relationships of people to the outside world Long-term development trends in the field of cultural values

    Internal business environment

    Entrepreneurial success depends on the internal business environment - a certain set of internal conditions for the functioning of an enterprise. It depends on the entrepreneur himself, his competence, willpower, determination, level of aspirations, abilities and skills in organizing and running a business.

    The internal business environment includes certain areas and factors of the microenvironment (working environment) of the company (Table 2).

    table 2

    Microenvironment sphere Microenvironmental factors
    1. Suppliers Integral indicator of the quality of incoming raw materials (by type) and materials Integral indicator of the quality (useful effect) of components, equipment, spare parts, etc. Integral indicator of the quality of information supplied to the company Integral indicator of the quality of normative and methodological documentation Integral indicator of the quality of training of specialists entering the company Forecast of changes in supply conditions
    2. Consumers Trends in changes in the range of needs of the main consumers of the company's goods Forecast of changes in market parameters in terms of volume and range of goods Forecast of changes in consumer income Forecast of changes in the composition and values ​​of market segmentation signs within the country and in the world
    3. Competitors Analysis of the quality, prices and competitiveness of competitors' products Analysis of the organizational and technical level of production of the main competitors Forecasting the competitiveness and unit price of the products of the main competitors Forecasting the market strategy of the main competitors
    4. Contact audiences Analysis of the attitude towards the company and its product among the financial circles of the region (country), the media, state and municipal institutions, civil assistance groups, public organizations, etc. Development of measures to improve relations with the contract audience
    5. Marketing intermediaries Analysis of the structure and strategy of resellers and, together with them, clarification of the marketing strategy for promoting goods Establishing contracts with agencies for the provision of marketing services (advertising agencies, consulting firms, marketing research firms, etc.) Establishing relations with financial institutions
    6. Legislation on the tax system and foreign economic activity Formation of a data bank on the tax system and foreign economic activity Analysis of the influence of tax rates, customs duties, quotas, licenses and other indicators on the efficiency of the company Preparation of proposals for improving legislation in the field of the tax system and foreign economic activity

    The task of management is to identify the nature and extent of the impact of such factors and make decisions aimed at ensuring the stability of the functioning and development of the enterprise. For this purpose, a systematic analysis of business environment factors is carried out in the process:

    Marketing research and development of marketing programs;

    Planning and development of target indicators;

    Operational management;

    Monitoring the results of economic activities.

    The efficiency of an enterprise's economic activity depends on many factors that are constantly in the field of view of managers at all levels, identified and analyzed using various economic indicators.

    A deep and thorough analysis of the internal environment is a necessary prerequisite for making management decisions based on the results of the study. Economic information is a specific expression of processes occurring within an enterprise. Without such information and its analysis, the effective functioning and development of the production and marketing activities of the enterprise is impossible.

    This is a set of measures by legislative, executive and judicial authorities, carried out on the basis of regulatory legal acts, in order to stabilize the existing socio-economic system.

    The main directions of state regulation of business activities:

    1. Creation of conditions for the civilized functioning of the market:

    Determination of the form of ownership of business entities and management rules

    Creation of a mechanism for ensuring the execution of business contracts

    Protection of interests and rights of consumers

    Setting standards and measures

    Prevention of disputes between entrepreneurs

    2. Strategic planning of science and scientific and technological progress

    3. Solving macroeconomic problems:

    Proportionality of economic development

    Economic growth rate

    National production volume

    Foreign economic relations of the country

    Employment level and social protection of the population

    Control and subsequent state regulation in the business sector are divided into direct and indirect.

    Indirect control includes a system of benefits and taxes, a special pricing policy, regulation of employment, professional training and retraining, information support and the creation of developed infrastructure.

    TO direct state control and regulation include: financial, environmental, sanitary and fire control, as well as control over the quality and certification of products.

    State intervention in the sphere of entrepreneurial activity is due to:

    1. Prevention of environmental disasters and solution of environmental problems

    2. The fight against criminalization of business activities

    3. Prevention of economic crises and social upheavals

    4. Control over the use of national resources

    5. Social protection of the least well-off segments of the population

    Functions of public administration:

    1. Forecasting economically undesirable situations and their prevention

    2. Information support and monitoring of compliance with standards and restrictions

    3. Logistical and financial support for national projects

    Methods of state regulation of business activities

    Methods of state regulation are divided into: administrative, economic And moral and political. Administrative ones include: prohibition, legal liability, coercion, including through criminal and administrative liability. Economic methods, in contrast to direct administrative methods, manifest themselves in the indirect regulation of business activities through: prices, tariffs, quotas, taxes and licenses. Moral and political methods are implemented through the media.

    Internet government regulation

    State regulation of business activities

    Government regulation entrepreneurship is a system of economic, social, organizational, legal and political provision by the state of the environment for the formation and sustainable development of modern entrepreneurship.

    The main goal state regulation is to create favorable socio-economic conditions for the strengthening and development of entrepreneurship.

    Modern entrepreneurship is unthinkable without an effective mechanism for its interaction with the state. Moreover, such a mechanism has become one of the essential features of a highly developed market economy and democratic society in industrialized countries. The state must regulate the entire set of relations that mediate entrepreneurial activity to the extent necessary to reconcile the interests of society, the entrepreneur and the individual. This interaction finds its practical implementation in a variety of forms and directions:

    In creating business infrastructure;

    Providing favorable conditions for its effective functioning;

    Activities of semi-governmental export advisory organizations with the mandatory participation of business representatives in them;

    Formation and implementation of industrial and foreign economic policy;

    Placement of state and municipal orders;

    Legalization of lobbying activities of business structures;

    Corporatism in the regulation of social and labor relations, etc.

    In Russia, entrepreneurship is especially in need of government support, since it is in its infancy. It is characterized by a lack of capital and technical resources, a focus on quick profits and limited connections with the outside world. Enterprises are forced to constantly compete for their markets with large domestic and foreign capital. During the period of formation of free enterprise, the state performs the following main functions.

    1. Formation of subjects of modern entrepreneurship.

    2. Development of a competitive environment.

    3. Creating conditions for a sustainably developing supply of goods and services produced on an innovative basis.

    4. Stimulation and direct formation of demand for innovative products.

    5. Formation of organizational and market infrastructure of entrepreneurship.

    6. Ensuring social orientation of the process of formation and development of small businesses.

    State regulation of entrepreneurship is carried out in accordance with the principles:

    legality(the legality of state regulation of entrepreneurship means that its measures comply with current legislation and are applied in the manner prescribed by law);

    – humanity;

    expediency(regulation should be used only when with its help certain problems in the development of entrepreneurship can be solved and when the negative consequences of its use do not exceed the positive effect achieved with its help);

    justice(rules of law establish the equality of business entities before the law, and are expressed in accordance with the volume of regulatory impact and the nature of the offense, in their proportionality);

    – a combination of state regulation and independence of business entities;

    – mutual responsibility of the state and economic entities;

    – maintaining a balance between the interests of the state and the entrepreneur;

    – limited number of subjects of state regulation.

    These principles are part of the objectively existing general principles of government, which are enshrined in the current legislation and are used in the process of governing the country.

    Methods of state macroeconomic regulation include economic and administrative.

    Administrative methods assume: restriction of unreasonable risky activities, liability for violation of procedural norms; licensing; ongoing supervision and audit; legislative implementation of risk adaptation mechanisms.

    Economic methods are divided into normative (direct) and regulatory (indirect).

    The state exercises regulatory functions through the legislative, executive and judicial authorities.

    Legislation regulating business activities in Russia is in its infancy. An instrument of legal influence the economy is mainly governed by the rules of law adopted by the state. Legal factors include:

    1) the presence of laws regulating business activities and creating the most favorable conditions for the development of entrepreneurship: a simplified and accelerated procedure for opening and registering enterprises;

    2) protection of the entrepreneur from state bureaucracy;

    3) improvement of tax legislation in the direction of motivating industrial entrepreneurial activity,

    4) development of joint activities of Russian entrepreneurs with foreign countries.

    Market subjects, entering into interactions, need to agree on their rights and responsibilities. Each of them must know in advance, before making a transaction, what responsibility they have in this case. What rights arise? Law forms criteria for justification of actions in business .

    The system of legal norms and rules governing business relations includes the following components:

    – civil and criminal legislation of the state;

    – general business legislation of the state – relating to the activities of all entrepreneurs (tax, state registration, bankruptcy, customs);

    – special business legislation – regulating certain types of business activities (banking, trade, on standardization and quality of products, on securities);

    – by-laws and regulatory documents;

    – norms of international law.

    Official law has now turned out to be divorced from real processes, so a significant part of business activity is carried out outside its borders. The lack of effective legal norms leads to legal nihilism and illegal methods of conducting business and resolving disputes. For the development of entrepreneurship, a transition to more subtle and effective regulation of this process, adequate to the current conditions, is necessary. At the same time, it is necessary to take into account the specific features and opportunities for the socio-economic development of the country, regions and individual socio-demographic groups of the population.

    The regulation of entrepreneurship by executive authorities is achieved through a unified state policy and a system of economic policy measures. The essence of state ( government) support most often comes down to the development of specific measures in three areas:

    – consulting support for the process of creating and functioning of new business organizations at the initial stage (1-3 years from the date of formation of the organization);

    – providing certain financial support to a newly created structure or providing such a structure with certain benefits (usually in the field of taxation);

    – provision of technical, scientific, technical or technological assistance to financially weak business structures.

    State support covers usually created business structures until they transition from small to large business organizations. The state support mechanism includes organizational, managerial and economic measures.

    Organizational structures for business support today are represented primarily by divisions of the Ministry of Economy and Trade, regional funds, agencies, centers and others. Unions, associations and other public associations of small businesses are increasingly active at the federal and regional levels. The system of chambers of commerce and industry, which has significant potential in supporting small entrepreneurs, has been significantly strengthened.

    The main activities of government bodies are aimed at resolving problems that hinder the development of entrepreneurship, such as:

    – imperfection of the taxation system;

    – instability of budget financing of federal and regional programs to support small businesses;

    – underdevelopment of mechanisms for financial and credit support and risk insurance for small enterprises;

    – lack of self-financing mechanisms (credit unions, mutual insurance societies, etc.);

    – restriction of access of small enterprises to production facilities and property of restructured enterprises;

    – lack of reliable social security and safety of entrepreneurs;

    – organizational problems of interaction of small businesses with the market and with government agencies;

    – administrative barriers to the development of small businesses.

    There are various forms of economic support:

    1) creation of a system of information support, training and retraining of personnel, regulatory framework, financial infrastructure, etc.;

    2) tax benefits and concessions;

    3) trust funds, financing from the federal and local budgets, foreign financial assistance to support business structures in Russia.

    4) one of the main forms of assistance in the development of entrepreneurship, especially at the initial stage, is the provision of loans to business entities.

    Loans can be provided directly from budget funds, or through banks, including through equity participation, based on the feasibility of developing a particular area of ​​entrepreneurship in the territory.


    INTERNATIONAL PLANNING. BASIC CONCEPTS AND CLASSIFICATION.

    In-house planning– drawing up company plans (various in terms of execution, methods and essence), defining the goals of the work, forecast of further development, practice and strategy. Also, intra-company planning can be characterized as a set of interconnected decisions aimed at achieving certain goals (increasing profits, improving competitiveness, and so on).

    Types of intra-company planning

    Planning the company's activities– this is one of the main management functions, the essence of which is assessing external factors, forecasting, identifying the best options for business development and achieving goals, developing company development plans, and so on. At the same time, all types of intra-company planning can be divided:

    1. According to the characteristics of planned tasks :

    - directive planning. Here we are talking about mandatory decision-making regarding the objects under study. Often directive plans are targeted, that is, they are targeted and highly detailed. If one of the points of such a plan is not fulfilled, the entire project may be in jeopardy;

    - indicative planning is the antipode of the previous type. In essence, this is government planning, which is not necessarily executed. Such a plan may include special and important tasks for the company, but, as a rule, their scope is limited. Indicative planning in 90% of cases is in the nature of a regular recommendation.

    Directive planning is compiled in the current mode, and indicative planning is compiled for the future. Moreover, these two plans actually complement each other and must correspond to the overall system of the company.


    2. By timing and degree of detail :

    - long-term planning is always formed for the future, looking at several years ahead. Such a plan may cover a period of five to ten years. The main task is the long-term growth strategy of the company. It may include scientific, technical, economic and social stages of development.

    Of particular importance for the overall success of planning is a comprehensive forecast, which is compiled for a longer period - up to 15 years. Its task is to determine guidelines for the company’s development, the possibility of attracting new types of raw materials (providing additional services), mastering new production technologies, technical reconstruction, and so on. When forming a long-term forecast, a specialist always relies on real indicators and sets the goal of future increases in productivity and labor efficiency.

    The forecast provides the basis for long-term planning. There are also common and divergent features between these two plans. They are united by the fact that both planning and forecasting are an attempt to foresee the path of development of the company. The difference is in the probability of coincidences. For example, plans can describe not only goals, but also real means to achieve them. A forecast is simply one of the probabilities of events, albeit based on a real basis;

    - medium-term planning produced within a period of one to five years. In most enterprises, such work is often not allocated and is carried out in conjunction with the preparation of a short-term plan. In such a situation, the name of the document is “rolling 5-year plan”;

    - short-term planning– this is the formation of calculations for the development of the company for a period of up to one year. The peculiarity of such a plan is its full expansion and depth into the main planned indicators, production and economic activities, financial resources, as well as the internal labor market. Particular attention is paid not only to the financial part, but also to improving product quality, labor optimization, introducing innovative activities, optimizing nomenclature and so on;

    -operational planning involves drawing up two types of plan – calendar and operational plan. The task of the first is to detail the goals of each specific department, service, price for a certain period of time (from a month to hours). The second task is to ensure the coordinated operation of all links in the chain, that is, to ensure dispatch.

    3. Essentially the planned decisions:

    - strategic planning aims at long-term planning. It defines the main directions of the company's development in the next few years. The strategic plan should reflect the main prospects, opportunities for introducing new directions, expanding activities, and incentives in the technical field. It is considered what measures should be taken to cover market demands, in which areas it will be more profitable to work, what kind of product to produce, and so on.

    The result of strategic planning is a clear statement of prospects for further development and the development of ways to achieve them;

    - tactical planning. Its peculiarity lies in the formation of prerequisites for the implementation of certain plans. In essence, this is preparing the “soil” for the implementation of a strategic plan. And if strategic planning focuses on what the company wants to achieve in the future, then the tactical plan answers the question of how this can be done most easily. Most often, a tactical plan is drawn up for a short period of time (up to five years), while a strategic plan can be formed for a period of 5 years and above;

    - operational production planning- This is the “finish line” in developing a plan for the company. Here we can highlight several main functions - determining the time for carrying out basic operations for the production of goods or providing services, preparing production for the implementation of planned volumes (preparing a workplace, purchasing workpieces, and so on), as well as carrying out analysis, control and accounting of all completed tasks. The implementation of innovations deserves special attention.

    4. By planning level - business units, business groups, corporate.

    5. By the functions that the plan focuses on - marketing, production, R&D, finance, personnel.

    6. By regularity - policies, recurring plans, rules, procedures, and so on.

    7. By their uniqueness - unique programs and unique projects.

    Besides, intra-company planning can be classified according to time sequence, taking into account changes in incoming information, coordination of private plans, areas, depth and objects of planning. But for the most part, such a breakdown is secondary and is not of key importance for understanding the planning structure.

    Principles of intra-company planning

    Today there are four basic principles of enterprise planning:

    1. The principle of unity. Its peculiarity is the representation of the object as a single whole. In this case, the work is based on a systematic approach, the implementation of which is carried out through the integration or coordination of specific services vertically and horizontally. This type of planning has a unifying function and allows you to qualitatively link all the plans available in the company for further implementation.

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