Ural Journal of Legal Research

Issue №4

UDC: 346.11
DOI: 10.34076/2658-512X-2020-4-3-15
Year: 2020, Issue: 4, pages 3–15
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

ANALYSIS OF LEGAL DEFINITION AND FEATURES OF THE ENTREPRENEURIAL ACTIVITY

Authors:

Alexander D. Antiufeev


Information:

Issue type: jurisprudence


For quoting:

Alexander D. Antiufeev, Analysis of legal definition and features of the entrepreneurial activity // Ural Journal of Legal Research, 2020, N 4, at 3–15


Annotation:

ANALYSIS OF LEGAL DEFINITION AND FEATURES  OF THE ENTREPRENEURIAL ACTIVITY
 
Entrepreneurial activity, as part of economic activity, plays an important role in the functioning of the state. This is also indicated by the legislative consolidation of the concept of entrepreneurial activity in article 2 of the Civil code of the Russian Federation. However, despite the legislative consolidation, the discussion about the legal nature of the concept and its key features does not fade. Opinions are expressed that the features by which the definition of entrepreneurial activity is given do not establish the specifics of the concept. In this article, the author analyzes the controversial points of view expressed by scientists regarding the signs of entrepreneurial activity. The analysis of the accumulated theoretical base helps the author to conclude that the current legislative concept of entrepreneurial activity requires revision in accordance with the current realities.


References:

1. E.P. Chornovol, A.V. Goloviznin, Normative-Legal, Doctrinal and Law-Enforcement Features of Entrepreneurial Activity 1 Law and Economics 2016, at 16-22.
 
2. A.A. Ivashchenko, The Concept of Entrepreneurial Activity in The Civil Law of the Russian Federation and Civil Doctrine 2 Society And Law 2013, at 45-48.
 
3. V.S. Belykh, Legal Regulation of Business Activity in Russia: the Monograph, Prospect, 2014. 
 
4. O.N. Ermolova O. N. On the Question of Signs of Entrepreneurial Activity 3 Business Law 2014, at 32-35 (Appendix).
 
5. S.G. Vorontsov S. G., Legal Features of the Entrepreneurial Activity: Problems of Terminological Certainty, 4 Bulletin Of Perm University. Legal Science 2016, at 402-412.
 
6. S.A. Karelin, P.G. Lakhno, I.S. Shitkina (ed.), Business Law: A Modern View: the Monograph, Justicinform, 2019.
 
7. E.V. Mikhailova, S.S. Tatarinova, On the Issue of the Concept of Entrepreneurial Activity and Ways to Protect the Rights of Its Subjects 10 Arbitration and Civil Process: a Scientific, Practical and Informational Publication 2018, at 3-11.
 
8. I.V. Bakaeva, Entrepreneurial Activity of Citizens as a Type of Economic Activity: Civil Law Doctrine and Legislation 3 Laws Of Russia: Experience, Analysis, Practice 2018, at15-21.
 
9. I.N. Akhmetova, Risks In Business: Legal Aspects 4 Business Security 2019, at 11-16.
 
10. A.F. Pyankova, The Concept of Entrepreneurial Activity in Russian and Foreign Law 1 Business Law 2017, at 17-23. 
 
11. A.N. Klimova, On The Question Of The Concept And Features of Entrepreneurial Activity 6 Bulletin Of KSU 2016, at 182-184.
 
12. O.A. Belyaeva, Edited by V. B. Lyandres, Business Law: the Textbook (2nd Ed.), INFRA-M, 2009.
 
13. G.Y. Mitsik, Normative-Legal, Doctrinal and Law-Enforcement Features of Business Activity 7 Law and Economics 2017, at 5-11.
 
14. I.V. Yershova, G. D. Otnyukova (Ed.), Business Law: Textbook for Bachelors, Prospekt, 2015.
 
15. A.A. Chukreev, On the Problem of Legal Definition of Entrepreneurial Activity 2 Russian Legal Journal 2015, at 105-120.
 
16. I.V. Filimonova, H.M. Tsutieva, To the Question of the Concept, Essence and Features of the Entrepreneurial Activity, Electronic Scientific And Practical Journal "Humanitarian Scientific Research”, http://Human.Snauka.Ru/2017/11/24482 (Accessed: March23, 2019).
 
17. E.G. Balashova, On the Legal Definition of the Concept of Entrepreneurial Activity. Russia and the International Community Are Facing the Challenges of Unstable Economic and Legal Systems, AETERNA, 2017, at 21-30.
 
18. O.A. Malyutina, On the Question of Defining the Concept of  a "Risk" in the Business Law of Russia 4 Legal Science And Practice: Bulletin Of The Nizhny Novgorod Academy Of The Ministry Of Internal Affairs Of Russia 2015, at 143147. 
 
19. E.A. Bondarenko, D.I. Slinko, S.L. Stepanov, Problems Of Development Of Modern Entrepreneurship: Monograph,  SEQUOIA, 2018.


Keywords:

entrepreneurial activity, problems of legal definition, signs of business activity, independence, activities carried out at your own risk, focus on systematic profit, legality of business activity.


Full article