39. FRANCHISING - A FORM OF ORGANIZING BUSINESS ACTIVITIES Franchising is an agreement (agreement) between large corporations and small firms or individual entrepreneurs, manufacturing or functional operating companies. Essence

43. FORMS OF THE STATE. POLITICAL REGIME Forms of the state - ways of organizing state power. The form of the state includes: the form of government, the territorial structure and the political regime. The form of government is a way of organizing the highest power, structure

Obstruction of legal business activity OBSTRUCTION OF LEGAL BUSINESS ACTIVITY - a crime under Art. 169 of the Criminal Code of the Russian Federation; consists of: a) unlawful refusal to register an individual entrepreneur or

For the land legal regime, see the article Land law.

Introduction Practical psychology is one of the "youngest" specialties that actively entered our reality in the wake of the humanization of public life at the end of the 20th century. In today's Russia, it has become an integral feature of modernity. If professions

The author argues that "A state is considered democratic and legal if it is a political organization of civil society." Based on knowledge of the social science course, other academic disciplines and social experience Give three reasons to support this point of view.

A state is considered democratic and legal if it is a political organization of civil society. Democracy is carried out on the basis of the principles of ideological and political pluralism.

Ideological pluralism means that Russian Federation ideological diversity is recognized, no ideology can be established as a state or mandatory one (parts 1, 2, article 13 of the Constitution of the Russian Federation).

The Russian Federation is proclaimed a secular state (Part 1, Article 14 of the Constitution of the Russian Federation). This means that no religion can be established as a state or obligatory one. The secular nature of the state is also manifested in the fact that religious associations are separated from the state and are equal before the law (Part 2, Article 14 of the Constitution of the Russian Federation).

Political pluralism presupposes the existence of various socio-political structures functioning in society, the existence of political diversity, a multi-party system (Part 3, Article 13 of the Constitution of the Russian Federation). The activities of various associations of citizens in society have an impact on the political process (the formation of state authorities, the adoption of state decisions, etc.). A multi-party system presupposes the legality of political opposition, and promotes the involvement of wider sections of the population in political life. Only the creation and activities of such public associations are prohibited, the goals or actions of which are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, national and religious hatred (part 5 of article 13 Constitution of the Russian Federation) ...

Political pluralism is based on the diversity of forms of economic activity. This diversity is ensured by the fact that the basis of the Russian economy is a social market economy, which ensures freedom of economic activity, encouragement of competition, diversity and equality of forms of ownership, their legal protection ... Land and other natural resources are used and protected in the Russian Federation as the basis of life and activities of the peoples living in the respective territory. Land and other natural resources may be in private, state, municipal and other forms of ownership (Article 9 of the Constitution of the Russian Federation).

The state also guarantees the unity of the economic space, the free movement of goods, services and financial resources.

(V.N. Suvorov)

Explanation.

The following arguments can be given, for example:

The rule of law in all spheres of society is possible only with a high legal culture of the population, its desire to participate in political life, to defend their rights.

All-Russian public organizations participate in the election of members of the Civic Chamber of the Russian Federation, which interacts with citizens and state authorities, finding a compromise, protecting the rights and freedoms of a citizen;

Forming initiative groups, citizens can demand local referendums, hold pickets, collect signatures, apply to the court or the prosecutor's office on violations of environmental rights;

Any other examples may be given.

Subject area: Politics. Civil Society and the State

Using the text, what is the main legal purpose of entering into a prenuptial agreement? What three regimes of property of spouses can be established by a marriage contract? Specify them.

Read the text and complete tasks 21-24.

The main legal purpose of the marriage contract is to determine the legal regime of the property of the spouses and their other property relationships for the future ...

The marriage contract must be concluded in writing and notarized. Failure to comply with the form required by law entails the invalidity of the marriage contract ...

The main element of the content of the marriage contract is the establishment of the legal regime of matrimonial property. Such a regime, determined by the marriage contract, is called the contractual regime of matrimonial property. When creating a contractual regime, spouses are given very broad rights. They have the right to change the regime of joint ownership established by law, to establish a regime of joint, shared or separate ownership of all the property of the spouses, of its separate types or of the property of each of the spouses. For example, the contract can provide that all transactions over a certain amount will be made by each of the spouses only with the written consent of the other. It is possible to exclude certain types of property from the community, for example, pensions or benefits, items professional activity, extra income, jewelry, items used for hobbies...

Separate mode in the general view provides that the property acquired during marriage by each of the spouses shall belong to that spouse.

Spouses have the right to determine in the marriage contract their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses; determine the property that will be transferred to each of the spouses in the event of divorce, as well as include in the marriage contract any other provisions relating to the property relations of the spouses.

A marriage contract cannot restrict the legal capacity or legal capacity of the spouses, their right to apply to the court for the protection of their rights. A marriage contract cannot regulate the personal non-property relations of spouses; between spouses, the rights and obligations of spouses in relation to children. This is due to the fact that only those rights and obligations can be included in the marriage contract, which, in case of non-performance, can be enforced. Duties that are purely personal in nature cannot be enforced.

A marriage contract cannot also contain conditions aimed at restricting the right of a disabled needy spouse to receive alimony. With regard to the marriage contract, there is one more specific restriction: the marriage contract must not put one of the spouses in an extremely unfavorable position.

(according to M. V. Antokolskaya))

Explanation.

The correct answer must include the following items:

1) Legal purpose of the conclusion of the contract:

Determination of the legal regime of the property of the spouses and their other property relations for the future.

2) Ownership modes:

Joint;

Equity;

Separated.

Subject area: Law. Legal regulation of relations between spouses, the procedure and conditions for the conclusion and dissolution of marriage

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Ural. Option 1.

Suggest what the creation of new international legal norms may be connected with (indicate any two circumstances). What international organizations can be involved in resolving international legal conflicts? List any two organizations and their area of ​​expertise.

Read the text and complete tasks 21-24.

(Yu. Kolosov, V. Kuznetsov)

Explanation.

The correct answer must contain the following elements:

1) circumstances, for example:

The emergence of new social realities that require legal regulation;

Creation of new states, change of political regimes in already existing states;

(Other circumstances may be specified.)

2) international organizations and the scope of their competence, for example:

International Court of Justice (resolves legal disputes between states).

ECHR (cases initiated by individuals and legal entities against states and international organizations;

International tribunals of the UN (bringing to account individuals for violation of international humanitarian law).

Other international organizations may be listed

What two methods of legal regulation does the author name? Which method is preferable for environmental law? Give an example of any one norm of environmental law and indicate which method of legal regulation it refers to.

Read the text and complete tasks 21-24.

The classification of branches of Russian law is based on the subject and method of legal regulation.

Environmental law is an independent branch of law, which has its own subject and method.

The subject of environmental law is formed by a specific group of relations that develop in the process of interaction between society and nature (environmental relations). Since this interaction manifests itself in two main forms, it can be said that the subject of environmental law is public relations regarding the rational use of natural resources and the protection of the natural environment.

The method of legal regulation is a set of methods and means of legal influence on social relations. As you know, legal regulation is carried out using two main methods - administrative-legal (mandatory), which involves relations of power and subordination between subjects, the establishment of mandatory prescriptions and prohibitions, as well as civil law (dispositive), based on the equality of participants in legal relations and freedom their will. Features of the method of the branch of law are due to the nature of regulated relations, the originality of its subject.

Environmental law combines both of these methods. Taking into account the importance of the environmental interests of society, on behalf of which the state acts, the legal regulation of environmental relations is carried out mainly using the administrative-legal method: the competent state bodies adopt regulations that provide for environmental rules that are mandatory for all participants in relations in the field of nature management and protection the natural environment.

according to the materials of the Internet encyclopedia

Explanation.

A correct answer must contain the following elements:

1) two methods of legal regulation are named:

Administrative and legal (mandatory);

Civil law (dispositive);

2) preferential method:

Imperative (administrative-legal;

3) norm of environmental law:

Citizens are prohibited from harvesting and collecting mushrooms and wild plants, the species of which are listed in the Red Book of the Russian Federation (mandatory method).

Other norms of environmental law can be given, another method of legal regulation is indicated.

What, from the point of view of the author, is the key factor in ensuring environmental safety? What are the three elements of the legal component of the environmental safety infrastructure mentioned in the text. What factor in the final formation of international environmental law as an independent branch of international law does the author name?

Environmental security cannot be fully ensured in one single country; active international activity is required to achieve it. The developed countries have largely destroyed their natural environment and are now the main environmental pollutants. Large, densely populated developing countries have also almost completely destroyed their ecosystems, and the rest of the developing countries are rapidly moving along the same path, barbarously destroying nature in their territories and increasing the mass of emitted pollutants. It is necessary to develop an effective international mechanism stopping the process of destruction of the natural environment, preserving what is left of it, and moving to the expansion of such territories.

Also important element the task of ensuring environmental safety is the further development of the legal component of the infrastructure. It is necessary to create a fairly complete system of special environmental legislation, strengthen the regulatory and technical base, as well as greening legislative acts in other areas of activity that are important for solving the main strategic tasks of environmental safety.

The cultural elements of the infrastructure for ensuring environmental safety are the system for collecting, accumulating, processing, issuing and analyzing information on the entire spectrum of environmental problems, the system environmental education, training and education, research and development of human interaction with the biosphere.

The objects of international environmental law are natural objects, located under national jurisdiction or outside it (international international natural objects). The legal regime of the first objects is determined by internal law and partly by the norms of international law, that is, there is a correlation and interaction of internal and international law. Usually developed by world practice, universally recognized and enshrined in international legal acts, progressive principles are transformed into norms of domestic law. The legal regime of the second objects is determined by international law. The question of ownership of these objects did not arise at all for a long time. The tacit recognition of international international natural objects as nobody's thing and agreement with the right of any country to seize these objects prevailed. But in modern conditions, this situation has become less and less in line with the interests and needs of the peoples of the world. Some international legal principles began to be developed and gradually introduced into practice, limiting the possibility of arbitrary actions in relation to international international natural objects.

International environmental law has not yet been codified, its norms are enshrined in numerous international acts of a complex nature. For the final formation of international environmental law as an independent branch of international law, its codification is necessary. The solution of emerging problems of international environmental law and further improvement of the quality of life of mankind is possible within the framework of stable socio-economic development that does not destroy the natural biotic mechanism of self-regulation of nature.

(according to V.P. Anisimov)

Explanation.

1. The answer to the first question, for example: environmental security cannot be fully ensured in one single country, active international activity is required to achieve it;

2. The answer to the second question, for example: the creation of a fairly complete system of special environmental legislation, the strengthening of the regulatory and technical base, the greening of legislative acts in other areas of activity;

(The answer to the second question is counted only if the three elements mentioned in the text are indicated.)

3. The answer to the third question, for example: for the final formation of international environmental law as an independent branch of international law, its codification is necessary.

Response elements can be presented both in the form of a quotation and in the form of a concise reproduction of the main ideas of the relevant text fragments.

What elements of the system of international law are named in the text (point out three elements)? What feature of the creation of international legal norms in comparison with domestic law did the authors note? Based on the knowledge of the social science course, explain the meaning of the concept of "objective law".

Read the text and complete tasks 21-24.

A norm of international law is understood as a rule of conduct that is recognized by states and other subjects of international law as legally binding.

The norms of international law should be distinguished from the so-called customs, or norms of international courtesy, which the subjects of international law observe in mutual relations. However, if international legal norms are legally binding rules of conduct, then customs, or norms of international courtesy, lack the quality of legally binding ones. Violation of the norms of international law gives rise to international legal responsibility, and violation of custom does not entail such responsibility ...

A number of norms of international law are called principles. Although these are the same international legal norms, some of them have long been called principles, others have been called so because of their significance and role in international legal regulation. At the same time, there are certain principles that are of a general nature in comparison with other international legal norms and are of the utmost importance for the international community in maintaining the international legal order. Among the principles are the basic principles of international law, which form the foundation of the international legal order. A violation by a State of any basic principle may be seen by the international community as an attack on the entire international legal order. The main principles include the principles of sovereign equality, non-interference in internal affairs, prohibition of the use of force or threat of force, compliance with international obligations, peaceful resolution of international disputes, etc. Legal norms and institutions are united in the branches of international law. Some branches (for example, international maritime law and diplomatic law) have existed for a long time, others (for example, international nuclear law and international space law) have arisen relatively recently ...

The process, methods and forms of creating norms of international law differ from the creation of norms of domestic law. In international relations, there are no legislative bodies that could adopt legal norms without the participation of the subjects of the system of international law themselves. International legal norms are created by the subjects of international law themselves. The only way creation of international legal norms is the agreement of the subjects of international law. Only the subjects of international law give certain rules of their conduct the quality of legal binding.

Since there are no supranational enforcement bodies in international relations, the observance and implementation of international legal norms is mainly carried out by the subjects of this system of law on a voluntary basis ...

In the process of participating in international communication, constantly entering into relations with each other, the subjects of international law not only act in accordance with the existing norms of international law, but also make the necessary clarifications, additions and changes to their content, as well as create new norms.

Thus, the creation of international legal norms is a continuous process.

(Yu. Kolosov, V. Kuznetsov)

Explanation.

The correct answer must contain the following elements:

1) elements of the system of law:

Institutes;

Branches of law;

2) Feature:

The only way to create international legal norms is the agreement of the subjects of international law.

3) explanation of the meaning of the concept, for example:

Objective law is a set of generally binding norms that regulate legal relations in society and are protected by the power of state coercion.

Elements of the answer can be given in other formulations that are close in meaning.

The author argues that the main function of the rule of law is the protection and protection of the rights and freedoms of citizens. Give three public authorities that carry out this function in the Russian Federation and briefly explain how this is done.

Read the text and complete tasks 21-24.

With the advent of the principle of inalienable natural human rights in the theory of the rule of law, it acquires its main value quality, becomes the highest priority. To ensure this principle, a separation of powers is necessary, designed to balance them, the domination legal law. The priority of human rights does not remove from him the responsibility for the proper use of his rights and freedoms and at the same time places the responsibility for ensuring these rights on the state. A special legal bond is being created: the mutual responsibility of the state and the citizen. (...) The rule of law, in order to fulfill its main function - the protection and protection of the rights and freedoms of citizens - must be equipped with a system of procedures, mechanisms, institutions that guarantee subjective human rights. (...) The principle of the legislator being bound by human rights is of great importance. A constitutional state cannot be created in a society torn apart by social contradictions, political struggles that go beyond the law. A rule of law state can exist and successfully develop in a society where there is an agreement of citizens regarding the principles of its structure, the goals of its development, where freedom and human rights are associated with respect and trust of fellow citizens. government agencies and to each other. Moral factors, solidarity, uniting around generally recognized values ​​- these non-legal factors have an invaluable influence on attitudes towards human rights, law, and legality. No matter how wonderful the principles of the rule of law state, they would never have been implemented in an atmosphere of instability, unbelief, moral degradation of society. The goal of the rule of law is to protect human rights, to ensure the dignity of the individual, as an integral component of the culture of society, which has embodied centuries-old ideas about a self-determined person, free from poverty, violence, oppression, and humiliation. In ensuring dignity, a huge role belongs to the nature of the relationship between a person and power, in which a person acts not as an object of commands, but as an equal partner of the state, participating in decision-making, exercising control over the activities of power structures in the forms provided for by law, freed from the rigid guardianship of the state.

E. V. Lukasheva

Explanation.

The response may include the following authorities and explanations for them:

1) Prosecutor's office. Supervises the observance of the Constitution of Russia and the implementation of laws in force on the territory of the Russian Federation.;

2) Police. Guards public order, warns, suppresses offenses, investigates crimes, etc.;

3) Court. Resolves legal disputes between subjects of legal relations.

Subject area: Law. Law in the system of social norms

What principles of suffrage in a constitutional state are named by the author? List any three principles. Give one example of a possible violation of each of these principles. (First state the principle, then give examples of possible violation.)

Read the text and complete tasks 21-24.

In a state governed by the rule of law, certain limits are set for power, which it must not and legally cannot cross. The limitation of power in a constitutional state is created by the recognition of inalienable, inviolable and inviolable rights for a person. They are made up of freedom of conscience, that is, the recognition that the sphere of opinions, convictions and beliefs, religious and non-religious, must first of all be unconditionally inviolable for the state. The immediate consequence of freedom of conscience is freedom of speech, oral and printed. To express their opinions and preach their views, a person must have freedom of communication, therefore, in a legal, or constitutional, state, the right to belong to any society, arrange unions and organizations is recognized as an inalienable right of an individual. But all these, as well as many other freedoms or rights, such as freedom of movement, the right to a good unsullied name, some property rights, require their addition in the form of personal inviolability. In a state of law, punishment is unacceptable except by a court in a strictly defined form.

Thanks to the inalienable rights and inviolability of the individual, state power in a legal or constitutional state is not only limited, but also strictly subordinate to the law. The subordination of state power is such a universally recognized advantage of the state system as such that a well-organized absolutely monarchical state usually seeks to appropriate it for itself. But for him it turns out to be a completely unattainable goal. Public authorities are really bound by law only when they are opposed by citizens endowed with subjective public rights. This is not the case in an absolutely monarchical state, since in it the subjects are deprived of all civil rights, that is, the rights of man and citizen. Legality presupposes strict control and complete freedom of criticism of all actions of the authorities, and for this it is necessary to recognize for the individual and society their inalienable rights. Thus, the consistent implementation of legality requires as its complement the freedoms and rights of the individual and, in turn, follows naturally from them as their necessary consequence.

In the rule of law individuals influence the course and nature of legislative work through popular representation. Of course, the whole people must take part in the election of the representative body of the people; no division of the people and separation of privileged groups from it in relation to the right to elect people's representatives, i.e., no restrictions on the right to vote, are fundamentally unacceptable. Suffrage must be universal and equal, and in order for universality and equality to be truly ensured, voting must be direct and secret. The demand for universal, equal and direct suffrage by secret ballot is now the basic demand of democracy.

In a state governed by the rule of law, power must be organized in such a way that it does not suppress the individual; in it, both the individual and the totality of individuals - the people - should be not only the object of power, but also the subject of it.

(B. A. Kistyakovsky)

Explanation.

In the correct answer, three principles of suffrage in a constitutional state should be named and examples of violations of each of these principles should be given:

1) universal suffrage, an example of a violation: in country K, only men have the right to vote;

2) equal suffrage, an example of a violation: in country K, one member of parliament is elected from a different number of voters belonging to different social groups;

Other examples of violations of the basic principles of suffrage can be given

Social norms are generally recognized or fairly common patterns, rules of people's behavior, means of regulating their interaction. They protect social life from chaos and gravity, direct its flow in the right direction. Social norms include moral, legal, political, aesthetic, religious, family, corporate, customary norms, etc. Law was formed much later than other normative systems and mainly on their basis. It has become more rigid and purposeful to regulate economic and other relations. Historically, law arises, as it were, to compensate for the “insufficiency” of morality, which is revealed with the emergence of private property and political power. Subsequently, the norms of law and morality were closely intertwined, interacting with other means of social regulation.<...>Therefore, it is very important to identify the close relationship between law and morality.<.. .="">

Lawyers by the nature of their activity study, interpret, apply, first of all, legal norms - this is their specialty. But to assess the behavior of the subjects of legal relations and the correct resolution of emerging conflicts, they constantly turn to ethical criteria, because morality is the basis of law. Russian jurists invariably emphasized that law is legally formalized morality. Law is a means of realizing the moral and humanistic ideals of society. Law is inconceivable without lessons of morality, morality, ethics.

B.C. Solovyov, for example, defined law as "a coercive requirement for the implementation of a minimum good and order that does not allow a known manifestation of evil."<...>Law and morality differ in the way they are established. Legal norms are created by the state, and only the state (or with its consent by some public organizations) are canceled, supplemented, changed. In this sense, the state is the political creator of law. Therefore, law expresses not just the will of the people, but its state will and acts not just as a regulator, but as a special, state regulator.

(N. I. Matuzov)

Explanation.

In the correct answer, the following differences between law and morality can be given:

1. By origin. Moral norms are formed in society on the basis of people's ideas about good and evil, honor, conscience, justice. They acquire mandatory significance as they are recognized and recognized by the majority of members of society. The rules of law established by the state, after they enter into force, immediately become binding on all persons within the scope of their activities.

2. By the form of expression. Norms of morality are not fixed in special acts. They are in the minds of people. Legal norms are expressed in official state acts (laws, decrees, resolutions).

3. According to the method of protection from violations. The norms of morality and the norms of law in a legal civil society in the overwhelming majority of cases are observed voluntarily on the basis of people's natural understanding of the justice of their prescriptions. The implementation of both norms is provided by internal convictions, as well as by means of public opinion. Such methods of protection are quite sufficient for moral standards. To ensure the same legal norms, measures of state coercion are also used.

4. By the degree of detail. Moral norms act as the most generalized rules of behavior (be kind, fair, honest). Legal norms are detailed, in comparison with moral norms, rules of conduct. They establish clearly defined legal rights and obligations of participants in public relations.

Other formulations of differences can be given that do not distort the meaning.

Subject area: social relations. Types of social norms

Source: Unified State Examination in Social Studies 06/10/2013. main wave. Ural. Option 5.

“In order for a rule of conduct to become a legal norm, it must be clothed in a certain legal form. This happens as a result of _______ (A) state. Thanks to this, the will of the legislator finds its expression in a normative legal act and becomes mandatory for execution.

Sources (forms) of law in legal science are usually understood as _______ (B) expressions of the rules of law, i.e. acts of _______ (C) state bodies. Such bodies include, for example, _______ (G), the government, etc.

Legal custom is understood as the norms that have developed in society regardless of state power and have acquired in the minds of society _______ (D). Juridical precedent has the value of a source of law when it is recognized that the decision in a particular case may become _______ (E) to resolve all such cases in the future.

List of terms:

1) legislation

2) external forms

3) rule

4) competent

5) parliament

6) mandatory value

7) state apparatus

8) civil society

9) law-making activity

The table below lists the letters that represent the missing words. Write in the table under each letter the number of the word you have chosen:

Explanation.

Based on the context, the sequence 924563 is the only correct answer. Indirect clues are the gender, number and case of words.

Specify four forms of manifestation of social consciousness, identified by the author as its main structural elements. Give two criteria for the author to single out the indicated classification of forms of manifestation of social consciousness. Rely on social science knowledge, explain the meaning of the concept of "society" (in a broad sense / as part of the material world).

Read the text and complete tasks 21-24.

Certain ideas, born in the head of this or that person, begin to live in the public consciousness. Public consciousness is the views of people in their totality on natural phenomena and social reality, expressed in natural or artificial language created by society, creations of spiritual culture, social norms and views of social groups, the people and humanity as a whole. Public consciousness constitutes the spiritual culture of society and humanity. These are not only ideas about social life, but also society's ideas about the world as a whole, including about itself. Social consciousness has a complex structure and different levels, ranging from everyday, everyday, from social psychology to the most complex, strictly scientific forms. The structural elements of social consciousness are its various forms: political, legal, moral, religious, aesthetic, scientific and philosophical consciousness, which differ among themselves in the subject and form of reflection, in social function, in the nature of the pattern of development, and also in the degree of their dependence on social life.

Social consciousness arose not some time after the emergence of social being, but at the same time in unity with it. Social being and social consciousness are, as it were, "loaded" with each other: without the energy of consciousness, social being is static and even dead. And the very process of material production (the basis of social existence), which in one of the moments exists independently of consciousness, has only a relative freedom from the power of consciousness. The essence of consciousness lies in the fact that it can comprehend social being only under the condition of its simultaneous active and creative transformation. A person is always confused by the discrepancy between the rapid flight of the spirit into the future and the relative slowness of the development of social life. Any future is portrayed as a kind of social ideal, and one should not be surprised that the discrepancy that arises does not satisfy the interest of a creatively seeking spirit in the actual reality.

(Spirkin A.G.)

Explanation.

The correct answer must contain the following elements:

1) manifestation forms (structural elements):

Political, legal, moral, religious, aesthetic, scientific and philosophical consciousness;

2) classification criteria, for example:

Specificity of social functions;

The nature of the patterns of development;

The degree of dependence on social life.

3) The meaning of the concept is explained, for example:

Society is a part of the material world isolated from nature, but closely connected with it, which includes all forms of interaction and association of people.

Response elements can be presented both in the form of a quotation and in the form of a concise reproduction of the main ideas of the relevant text fragments.

The most important institution civil law is the right of ownership. Ownership is both an economic and a legal concept. It can be defined as the relationship between people about the ownership of material goods.

The right of ownership is a set of legal norms that fix and regulate relations regarding the ownership of material goods (objective law). The right of ownership in the subjective sense means the ability of a particular subject to own, use and dispose of his property at his own discretion and in his own interests. The right to own means the opportunity, backed by the right, to have a thing in its economic dominance, the real belonging of a thing to its owner, owner. The right to use implies the ability to extract useful properties from a thing. The authority of the order provides for the ability to determine the "legal fate" of a thing - the right to sell, exchange, donate or lease. The authority to dispose belongs either to the owner himself or to the manager authorized by him.

The law distinguishes between private, state, municipal and other forms of ownership (Article 8 of the Constitution of the Russian Federation; Article 212 of the Civil Code of the Russian Federation). On the right of private ownership, property may belong to citizens or legal entities. Some types of property cannot be privately owned (for example, objects defense production, state treasury, resources of the continental shelf). On the right of state ownership, property may belong either to the Russian Federation or to subjects of the Russian Federation; on the right of municipal ownership, property belongs to municipalities.

The variety of forms of ownership is not reflected in the content of the right of ownership. In other words, regardless of the form of ownership, the right of ownership always includes a triad of powers: possession, use and disposal of property, which the owner himself exercises at his own discretion or transfers to other persons.

Shared ownership - the ownership of several persons to the same property with the definition of their shares in the right to this property. The share can be expressed in property and value form. The law establishes a rule according to which, in the event of the occurrence of common property, it is usually assumed to be shared. If the property is indivisible, the share of the owner is expressed as a part of the total value.

Joint property - the property of several persons without determining their shares in the same thing. Relations of common joint ownership may take place only in cases provided for by law.

The share of a participant in common joint ownership is not predetermined, however, it can be established during the division of common property or separated from its share if the participant leaves the list of persons running a common household.

(Based on the materials of the Law Dictionary)

Explanation.

The correct answer must contain the following elements.

Three features of the state form of ownership are given, for example:

1) objects of state property right - special, for example, objects of defense production, the state treasury, resources of the continental shelf;

2) the relevant state (public-legal) formations (the Russian Federation, its constituent entities) can act as subjects of state property rights;

3) bodies of state power and administration act in property turnover on behalf of a certain state entity and in accordance with their competence;

4) the specificity of the right of state property is that the Russian Federation, the subject of the Russian Federation, legislatively establish for themselves the rules of conduct as an owner.

Other features may also be given.

Subject area: Law. Property and non-property rights

Read the text below, in which a number of words (phrases) are missing. Choose from the proposed list of words (phrases) that you want to insert in place of the gaps.

“A public association is understood as a voluntary, self-governing, non-profit formation created by ____________ (A) of citizens united on the basis of a common interest for their implementation.

Public associations can be created in one of the following organizational and legal forms: public organization, public fund, ____________ (B). Public associations, regardless of their organizational and legal forms, are equal to ____________ (B).

The activities of public associations are based on the principles of voluntariness, equality, ____________ (D) and legality. Public associations are free to determine their internal structure, ____________ (D), forms and methods of its activities.

The activities of public associations should be public, and information about their constituent and program documents - ____________ (E)”.

The words in the list are given in the nominative case. Each word can only be used once. Choose sequentially one word after another, mentally filling in each gap. Please note that there are more words in the list than you need to fill in the gaps.

List of terms:

1) joint stock company

2) initiative

3) government

6) public

7) public institution

8) self-management

Explanation.

Based on the context, the sequence 275846 is the only correct answer. Indirect clues are the gender, number and case of words.

Firm "Ivanov and K." is owned by three people. The owners of the enterprise are liable for the obligations of their enterprise in full with their property, they have equal rights in managing their enterprise.

What is the legal form of this enterprise? Give two reasons for your answer. Give an additional feature that distinguishes the enterprises of this organizational and legal form, not specified in the task.

Explanation.

The correct answer must contain the following items.

1. An answer is given, for example:

The company is a general partnership

2. Justifications are given:

Owners are liable with all their property for the obligations of the enterprise

Owners have equal management rights

3. An additional feature is given, for example:

Each of the participants in the partnership has the right to "veto" when making decisions

The founders of enterprises can be both individual entrepreneurs and legal entities.

Establish a correspondence between legal forms and types of legal entities: for each position given in the first column, select the corresponding position from the second column.

Explanation.

According to the purpose of their activities, legal entities are divided into two large classes: commercial and non-commercial organizations. A commercial organization is an organization engaged in commercial activities, or it is an organization - a market participant, the main purpose of which is to make a profit. A non-profit organization is an organization engaged in non-profit activities, or an organization whose main purpose of activity is one or another goal that is not related to making a profit, which in turn is not subject to distribution among the participants of this organization. Legally, the difference between commercial and non-profit organizations in the modern Civil Code of the Russian Federation boils down to the following: both organizations can make a profit, but in a commercial organization this profit can be distributed among the founders (participants), and in a non-profit organization all the profits received are spent on statutory goals.

2) non-commercial

Write down the numbers in response, arranging them in the order corresponding to the letters:

Explanation.

OPF of economic entities that are legal entities - commercial organizations. Partnerships: general partnerships; faith partnerships. Companies: limited liability companies; additional liability companies. Joint stock companies: public joint stock companies; non-public joint-stock companies. Unitary enterprises: unitary enterprises based on the right of economic management; unitary enterprises based on the right of operational management. Others: production cooperatives. OPF of economic entities that are legal entities-non-profit organizations: consumer cooperatives; public associations(including religious associations); public organizations; social movements.

Write down the numbers in response, arranging them in the order corresponding to the letters:

Explanation.

Commercial: B C E. Other non-commercial

Correct answer: 21121

Regulation is based on a system of organizational and legal forms and methods of influence by certain international actors and instruments on the objects of international economic relations. The essence of such global regulation is to eliminate disproportions in the development of individual elements of the system, and the effectiveness, of course, depends on the coordination of actions of all subjects of the world economy.

The modern regulatory mechanism has a multi-level nature, i.e., it is carried out at the national, regional, transnational and global levels, and is used by various types of subjects: nation states and their integration associations, international organizations, transnational structures and numerous civil society actors. State control mechanisms are associated with the activities of national governments, the conclusion of international agreements and decision-making at the level of international organizations. Non-state regulatory mechanisms are represented by non-governmental organizations and transnational structures, which can only indirectly participate in decision-making, but nevertheless have a high potential in the development of proposals on a number of problems.

The diversity of subjects and the presence of equally diverse economic interests and regulatory instruments presuppose the coordination of their activities with other participants. Their partnership can bring global governance to a qualitatively new level.

At the same time, the existing global infrastructure of international cooperation is very flexible and develops rather asymmetrically. As disproportions and uneven economic development of individual countries and regions and the world economy as a whole are eliminated, not only a new alignment of forces is taking shape within the system, new centers for making world economic decisions are being formed, but contradictions between them are also intensifying. Thus, two counter processes are observed: under the influence of external effects, the mechanisms change, which, in turn, transforms the system itself.

The basis for the allocation of property rights is not only their material object, which predetermines the practical significance of these rights, but also important legal features. Real rights allow you to directly influence their object - material goods are characterized by duration or even perpetuity of action and give the holders of such rights legal protection against all third parties. Therefore, property rights are included in the category of so-called absolute rights.

These features of property rights and the mechanism of their action significantly distinguish property rights from obligations, the subject of which is the ability to demand certain behavior from another subject of civil law. In their legal content, rights in rem are wider and give the holders of such rights more opportunities to exercise their own powers and interests.

Property rights include the right of ownership, as well as other long-term and stable powers in relation to material goods: long-term use of land, easements, the right of economic management and operational management of property, and some others. This second group has received the name of limited real rights in the literature.

The transition of the Russian Federation to market relations and the expansion of property turnover required the introduction of the category of property rights into the civil law system and the definition of their regime.

Real rights and, above all, the right of ownership are a necessary prerequisite, and then the result of participation in the modern market, the performance in which requires the presence of stable powers in relation to material values. For citizens, the possession of rights in rem creates the conditions for a normal daily working life and recreation.

An extensive section II of the Civil Code and the norms of many laws, primarily on land, forests, waters, natural resources and wildlife, are devoted to property rights. Special laws have been issued on certain types of property of particular importance (on real estate, vehicles, precious metals, currency). This vast legislative array forms the most important sub-branch of civil law - property law.

In the system of property rights, the fundamental right is property, which practically predetermines all aspects of the life of a modern state and society and the social relations existing in them. In legislative terms, the importance of property rights in general and in the system of property rights, in particular, is confirmed by the Constitution of the Russian Federation and the section of the Civil Code on property rights.

(according to R.T. Mukhaev)

Explanation.

1. Explanation, for example: a branch of law is a set of interconnected norms governing social relations in a certain area of ​​society;

(Another explanation may be given.)

2. Answer to the first question: the subject of property law are various material values.

3. The answer to the second question, for example: real estate, currency, precious metals.

A) relationships between

groups and communities of people

B) legal forms of self-organization

society or legal system

societies

C) the nature of the structure of society

D) problems of social inequality and

principles for resolving social

conflicts

E) significant, stable and general connections (dependency ratio),

between principal

legal phenomena and institutions

1) jurisprudence

2) sociology

Write down the numbers in response, arranging them in the order corresponding to the letters:

Explanation.

The database belongs to jurisprudence, the rest belongs to sociology

Answer: 21221

Answer: 21221

Entrepreneurship (entrepreneurial ability) - This

Initiative activities associated with economic risk, aimed at finding best ways use of resources and conducted with the aim of generating income and increasing property.

Entrepreneurship by its economic nature is inextricably linked with the market economy and is its product.

Entrepreneurship has the following signs Keywords: initiative, commercial risk and responsibility, combination of factors of production and innovation. Let's characterize each of them.

1. Initiative although it is a property of human nature, its manifestation as a sign of entrepreneurial activity is due to the nature of the market. Initiating his undertakings, any entrepreneur relies on the possession of certain advantages that give him confidence in success. Such benefits, for example, can be derived from information. People who have more information get advantages, which gives rise to the initiative, as the desire to use them for their own benefit.

The initiative requires a certain economic freedom. When the level of regulation of entrepreneurial activity is too high, initiative activity decreases, resulting in business stagnation. In this sense, the creation of conditions for enhancing the initiative of business entities is key task transition to entrepreneurship.

2. Asymmetry (absence, lack) of information creates a certain uncertainty in the activities of the entrepreneur. Uncertainty arises both from changes in market conditions, prices and consumer preferences, and due to unpredictable market reactions to proposed solutions. Thus, all surrounding entrepreneurial activity is presented in the form of Uncertainties that give rise to commercial risk.

Although risk is an organic component of entrepreneurial activity, entrepreneurship itself is not associated with risk appetite. The entrepreneur's focus on turning market uncertainty in his favor is a decisive factor in decision-making.

Commercial risk is not reckless risk. It is based on sober calculation and consideration of possible negative consequences. The desire for success is always balanced by economic responsibility. The economic responsibility that accompanies the risk puts before the entrepreneur the task of mastering the risk and managing it. And if the entrepreneur cannot eliminate market uncertainty, then he is quite capable of reducing the risk. The most well-known mechanism for reducing risk is insurance.

3. In an effort to increase the profitability of resources, the entrepreneur

resorts To rational ways of their application. most obvious

A form of increasing the efficiency of resources is to move them to markets where their opportunity value is greater and they will bring more income.

A more complex form of increasing the efficiency of resource use is Combination of factors of production. Its essence is to find the most rational combination of factors by replacing one factor with another. By varying the factors of production, the entrepreneur ensures the transition to a more efficient use of the resource, contributes to the progressive development of production. Combination based on the principle of substitution is the determining factor in generating income, and the "spirit of rationalism" permeates the entire content of entrepreneurship.

4. Operating under conditions of uncertainty requires ingenuity and creativity from the entrepreneur. Innovation stands out as a special functional feature of entrepreneurship.

Innovation - this is the practical application of fundamentally new goods, technologies, new forms of organization of production and marketing, the very forms of organizing entrepreneurial activity.

Innovation is the dominant feature of entrepreneurship. Firstly, the market uncertainty that hinders the success of an entrepreneur pushes him to look for ways to change the market situation itself in a favorable direction, which is possible only through innovation activities. Secondly, the desire to extract as much entrepreneurial income as possible can be realized only by acquiring market advantages as a result of innovation. Therefore, the real motive for innovation is competition between entrepreneurs.

The innovative nature of entrepreneurship allows us to consider it as an active factor in scientific and technical progress and a driving force for economic growth.

Entrepreneurship can be defined as an economic resource that includes entrepreneurs (company owners, managers who are not owners of companies, business organizers who combine owners and managers in one person), entrepreneurial infrastructure, entrepreneurial ethics and culture.

Thanks to entrepreneurship, other economic resources come into interaction - labor, capital, land, knowledge and information. The initiative, risk and skill of entrepreneurs, multiplied by the market mechanism, make it possible to use all other economic resources with maximum efficiency and stimulate economic growth.

Entrepreneurial ability as a resource has its specific payment - Entrepreneurial income. In real economic life, it is difficult to distinguish it, however, it is not an abstract economic category. Entrepreneurial income is the payment that an entrepreneur receives for his organizational work in combining and using resources, for the risk of losses from the use of these resources and for economic initiative.

In economic theory Entrepreneurial income divided into two parts - normal profit and economic profit. The first includes, as it were, a guaranteed income of an entrepreneur, a kind of salary. To the second - Paying for the risk, Innovation. The value of entrepreneurial income fluctuates primarily due to the second component.

In microeconomic analysis An enterprise should be understood as an economic primary link in the system and structure of economic relations, for which the problem of rational use of production resources, reducing costs, improving the organization of labor and production management. Company represents a certain Industrial and technical complex used to produce goods or provide services in any sector of the economy. It has the rights of a legal entity and carries out production, research and production and commercial activities in order to obtain the appropriate profit (income).

The enterprise is Business entity who owns, manages or manages separate property and is liable for its obligations with this property.

At the enterprise, there is a direct connection of production factors in order to create material wealth and provide services, a combination of personal and collective interests.

Main Enterprise Functions come down to meeting the demand of consumers in certain types of products and services and maximizing profits. Profit maximization at the same time is the goal of the economic activity of the enterprise.

In a market economy, an enterprise independently plans the main directions and conditions of its activities, manages labor, material and financial resources. It chooses itself business partners, enters into contractual relations with them, organizes foreign economic activity. Organizational forms of management are also determined by the enterprise itself.

The most typical Signs of the enterprise characterizing it as a primary link in the production structure of the national economic complex is its economic isolation and economic independence. Economic isolation due to its nature as a commodity producer, carrying out its individual reproduction. It manifests itself in the isolation of the resources of the enterprise in the form of a closed economic turnover, the implementation of reproduction due to the results of its economic activity, the presence of specific economic interests.

Economic independence is a form of manifestation of the economic isolation of the enterprise. It expresses the property-legal relations of an enterprise as a legal entity and therefore is one of the sides of the economic mechanism of the economic system.

On one's own An economic entity is called an enterprise in the event that it is created in the manner prescribed by the current legislation, and carries out the production of products, the performance of work, the provision of services in order to meet public needs and make a profit. These are the primary, essential features and properties of the enterprise. But it is equally important to note that an enterprise is considered a legal entity that has a name, seal and bank account.

The enterprise is an independent, separate entity. It means freedom to accept economic decisions. But any

The decision is made taking into account the internal and external environment.

INTERNAL ENVIRONMENT OF THE ENTERPRISE — it is the enterprise's own economy. It covers all components of the enterprise's activity: production processes, product sales, financial, material and personnel support, management system.

The external environment of the enterprise— this is the economic, legal and social environment in which the enterprise operates, being part of the national economy. This should include the macroeconomic situation, resource markets, government regulation, taxation, product markets.

On economic situation enterprises are influenced by the political situation, the socio-cultural environment, the technological environment, and finally, the institutional environment, characterized by the presence of institutions through which the business establishes business relationships and conducts commercial operations.

main economic The agent of the market economy is the enterprise that uses resources to produce goods and services for profit. For the classification of enterprises take different signs. The main ones are two: the form of ownership and the size of enterprises.

If we take property as a basis, then we can distinguish Three types of enterprises, Or entrepreneurship:

Individual or private enterprise;

partnership or partnership;

Corporation (joint stock company).

Individual entrepreneurship is a business owned by one person. Individual business owner

Simultaneously performs the functions of a manager. It carries unlimited

property liability. He has little capital - this is the disadvantage of an individual entrepreneur. However, sole proprietorship also has advantages. Each owner owns all the profits and can make any changes himself. An individual entrepreneur is not a legal entity, so the owner pays only income tax. It is exempt from corporate tax. This is the most common form of business, typical of small shops, service industries, farms, legal professions, etc.

partnership or partnership, is a business owned by two or more people. The partnership is also not a legal entity, so the partners are only subject to income tax and have unlimited liability for all debts of the partnership. The advantage of a partnership is that it is easy to organize, bringing partners together allows you to attract additional funds and new ideas. The disadvantages include:

— limited financial resources;

— ambiguous understanding of the goals of the partnership by its participants;

- the difficulty of determining the share of each participant in the income and loss of the partnership, in the division of property acquired together.

In the form of a partnership, brokerage houses, audit firms, services in the service sector, etc. are organized.

Corporation a set of persons united for joint entrepreneurial activity as a single legal entity is called. The right to property of the corporation is divided into parts by shares. Therefore, the owners of corporations are called shareholders, and the corporation itself is called a joint-stock company. Corporation income is subject to corporation tax. The owners of corporations have limited liability for the debts of the corporation, determined by their holdings in shares.

Corporate benefits include:

— unlimited opportunities to raise money capital through the sale of shares and bonds;

— division of shareholders' rights into property and personal. Property rights include the right to receive a dividend, and personal rights include the right to participate in managing the affairs of a joint-stock company;

- attraction professional specialists to perform managerial functions;

— the stability of the corporation. The withdrawal of any of the shareholders from the company does not entail the closure of the company.

To the disadvantages of the corporate form business organization

Relate:

- double taxation of that part of the income of the corporation, which is paid in the form of dividends to shareholders: the first time as part of the profits of the corporation, and the second time as part of the personal income of the owner of the shares;

- Favorable opportunities for economic crimes. It is possible to issue and sell shares that have no real value;

— separation of the functions of ownership and control. In corporations whose shares are dispersed among numerous owners, the function of control is separated from the function of ownership. Shareholders are interested in maximum dividends, while managers try to reduce them in order to put money into circulation.

There are other disadvantages of corporations, but their advantage outweighs the disadvantages.

On the basis of the size of the enterprise, they distinguish Small, medium and large businesses.

In the Western economy, small business forms the largest sector of the economy, where more than half of the employed find work. The most typical forms small business became a system of franchising (preferential) and venture (risk) entrepreneurship.

Franchising is a system of small private enterprises that enter into a contract for the right to use the brand name of a large firm in their activities in a certain territory and in a certain area. They have benefits in the form of discounts on prices, assistance in the delivery of goods, the purchase of equipment, in loans, etc. Small enterprises become various sellers of products large companies. Such contracts turn out to be mutually beneficial: small enterprises receive guardianship, loans, a trading zone from large corporations, and the latter save money by not spending it on selling their own products, and, in addition, they receive regular payments from their wards.

venture capital is a commercial organization that develops scientific research. It does business on innovation and runs the risk of "burning out" if new products will not meet market requirements, customer needs, low costs. Venture capitalists tend to complete some new products faster and move on to work on other types of new products.

Medium business plays a less prominent role. It is not stable, because it has to compete with both large and small businesses, as a result of which it either develops into a large one, or ceases to exist altogether. The only exceptions are enterprises that are a kind of monopoly in the production of any specific product that has its own permanent consumer, for example, the production of disabled equipment, the repair of city clocks, etc.

Big business is more durable than medium and small. Its monopoly position on the market enables it to produce cheap and mass products designed to meet the needs of a wide range of consumers.

Every business activity is aimed at Profit maximization. The behavior of the enterprise can be described using a production function, which determines the focus of the enterprise on profit maximization. However, there is an opinion that market situations are possible that determine different directions for the functioning of individual enterprises. This may be a desire to survive under a certain specific condition, involving a minimum profit, an increase in market share or the capture of a new market, leading to the loss of part of the profit, an increase in product quality that requires an increase in costs, etc.

The specifically formulated goal of the enterprise may include various aspects. But this is true only in the short term. In the long run, the main thing is to obtain and maximize profits. Ultimately, all local goals are set and solved in order to achieve the main goal.

The ultimate goal of the enterprise is to strengthen its position in the market, primarily by maximizing profits. Profit maximization is the defining goal of the enterprise.

A prosperous enterprise is an enterprise that has a strong position in the market and receives a steady profit from its activities. This task - the maximum can be realized on a stable basis only through the creation of a value system for three social groups:

1. Enterprise owners.

2. Consumers of its products.

3. Personnel and suppliers of the enterprise.

The owners of the enterprise are interested in increasing constant flow income and increase the value of their property.

For consumers The highest value is provided by goods and services that satisfy them in terms of quality and price.

Personnel and Suppliers interested in the stability of the enterprise, the development of long-term relations with it, a favorable working atmosphere.

Consideration should be given to the size or scope of the enterprise. It is often argued that there are certain advantages to a large enterprise in terms of cost. Economists call this advantage economies of scale or economies of scale. As the volume of output increases, for example, the average cost of production per unit of goods decreases.

Economies of scale activity is measured by the ratio of the percentage change in costs to the percentage change in the volume of goods produced. When this ratio is less than one, economies of scale appear as average costs fall. If this ratio is equal to one, there is no effect of scaling up, since average costs remain unchanged. When this ratio is greater than one, there is a negative economic effect, since average costs increase.

The choice of performance indicators of the enterprise depends on the objectives of the analysis. These may be:

1. Strategic Goals. It is necessary to compare the performance of this enterprise with the performance of its competitors or related enterprises. For this, general indicators and indicators of any elements of activity are selected.

2. Tactical targets. Management controls the activities of the enterprise. The performance indicators of the functioning of individual units or the production of any particular product are calculated.

3. Other Goals of Management. It is necessary to compare the benefits of using different resources or different combinations of these resources over a period to determine possible changes in the future, negotiations with trade unions for a collective agreement, assessing the impact of expected government restrictions, etc.

The activity of an enterprise can be represented as flows of financial resources of creditors and investors, turning into physical factors of production, which are transformed into finished physical products. Produced goods and services through transactions are converted into outflows of financial resources distributed among creditors and investors and then re-introduced into production.

At the stages of investing in production and sales of products, business participants are interested in various aspects of the use of production factors. However, the system of indicators of the effectiveness of their use is quite complex and diverse.

Generalizing performance indicators of the enterprise as a whole are determined by comparing the volume of all funds of the enterprise and the total result of its activities.

These metrics include:

1. (assets) of the enterprise

Where RA is the return on capital; П - profit; And - the capital (assets) of the enterprise, ie set of all means.

2. Turnover of all capital(assets) of the enterprise

RO= Q/A,

Where R 0 - capital turnover; A - capital; Q- the volume of products sold.

3. unit cost products sold

S = U/Q,

Where U — general costs; Q — the volume of products sold.

4. Profitability of production R \u003d P / F,

Where P is the profitability of production; П - profit; Ф - average annual
cost of fixed and working capital.

The most general indicator is Return on total capital, which reflects the profit of the enterprise per one ruble of funds (all types of enterprise resources in monetary terms regardless of the source of their funds). This indicator is also called Payback indicator.

The main goal of any enterprise in a market economy is Maintaining and expanding its position in the market, growth or, by

At least stable income. This is possible only with a focus on profit maximization. The main means of increasing profits is the high competitiveness of the enterprise.

This issue is becoming increasingly important for Russian enterprises in those sectors of the economy where a competitive environment is beginning to form - in retail, public catering, food industry, assembly and sale of computers, etc.

- this is its real and potential ability to manufacture and sell goods or provide services that are more attractive to buyers in terms of prices and quality (non-price) characteristics than goods and services of other competing enterprises.

Enterprise competitiveness is a relative concept. She

It can be identified and evaluated only by comparing enterprises that produce similar products or provide the same services in relation to the territory within which these enterprises operate (local, regional, national, world markets). Therefore, one and the same enterprise can be competitive in the local or regional market and not be competitive in the national and even more so in the global market.

Enterprise competitiveness largely depends on the availability and effective use of the conditions prevailing in the country:

Necessary factors of production;

development of demand;

Maturity of the competitive environment;

quality of management;

Sound public policy;

Favorable accidents.

Competitive advantages of the enterprise are provided in the process of competition in five areas of competition:

With other sellers of similar products;

With enterprises - potential competitors;

With manufacturers of product substitutes;

With resource providers;

With buyers of his products.

These directions can be called the main market forces.

The previously considered types of entrepreneurship - individual, partnership and corporate - in economic practice are clothed in

Specific Organizational and legal forms.

Organizational and legal form Any enterprise is determined by a number of factors, the most important of which are:

1. Way of entrepreneurial activity (individual or collective).

2. Entrepreneur status (individual entrepreneur, i.e. natural person or legal entity).

3. The nature of the activity of the enterprise (commercial or non-commercial).

4. Form of housekeeping: economic partnership, economic society, production cooperative.

All Enterprises are classified By:

- forms of ownership;

- size (scale);

— the nature of the activity;

- industry affiliation;

- the main factor of production;

— legal status.

By type of ownership enterprises are divided into private, state, mixed.

By enterprise size There are small, medium and large depending on the field of activity.

By nature of activity enterprises are divided into producing goods and services.

By industry enterprises are industrial, agricultural, trade, transport, construction, banking, insurance, etc.

According to the main factor production is distinguished by labor-intensive, capital-intensive, material-intensive, knowledge-intensive enterprises.

By legal status distinguish:

1. Business partnerships and companies.

2. Production cooperatives.

3. State and municipal unitary enterprises.

4. Non-profit organizations.

5. Individual entrepreneurs.

Consider, first of all, Business partnerships and companies.

General partnership. A partnership is recognized as full, where the participants, in accordance with the agreement concluded between them, are engaged in entrepreneurial activities on behalf of the partnership and are liable for its obligations, property belonging to them, including personal.

General partnerships are concentrated mainly in agriculture and the service sector and are small enterprises.

Faith partnership. A limited partnership (limited partnership) is a partnership in which, along with the participants, there are one or more contributors (limited partners) who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of their contributions and do not take part in the entrepreneurial partnership. activities. This form allows you to attract significant financial resources through a large number of limited partners.

Limited Liability Company (LLC). A company established by one or more persons, the authorized capital of which is divided into shares of certain sizes, is recognized as such. Members of an LLC are not liable for its obligations and bear the risk of losses associated with the activities of the company, to the extent of the value of their contributions.

The authorized capital of an LLC is made up of the value of the contributions of its participants.

As a rule, LLCs are small and medium-sized enterprises.

Joint Stock Company (JSC). A joint-stock company is a company whose authorized capital is divided into a certain number of shares. JSC participants (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares.

JSC, the participants of which alienate their shares without the consent of other shareholders, is recognized as open (JSC).

OJSC conducts a subscription to issued shares and their free sale on the terms established by law. JSC is obliged to annually publish for general information the annual report, balance sheet, profit and loss account.

A joint-stock company, the shares of which are distributed only among its founders or other predetermined circle of persons, is recognized Closed (CJSC).

The founding document of a joint-stock company is its charter. The authorized capital of a joint-stock company is made up of the nominal value of the shares of the company acquired by the shareholders. The supreme governing body of a joint-stock company is the general meeting of shareholders.

The advantages of a joint stock form enterprise organizations are:

1. The possibility of mobilizing large financial resources.

2. Possibility of quick transfer of funds from one industry to another.

3. The right to freely transfer and sell shares, ensuring the existence of the company regardless of the change of shareholders.

4. Limited liability of shareholders.

5. Separation of ownership and control functions.

The production cooperative is voluntary association of citizens on the basis of membership for joint production activities based on their personal labor or other participation in the association of property share contributions by its members. This is a commercial organization. The founding document is the charter approved by the general meeting of members of the cooperative. The number of members of the cooperative must not be less than five. The property owned by the production cooperative is divided into shares of its members in accordance with the charter of the cooperative.

State and municipal unitary enterprises. unitary enterprise is called a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property is indivisible by shares between the employees of the enterprise. In Russia, in the form of unitary enterprises, there are only state and municipal enterprises. They manage, but do not own the state or municipal property assigned to them. If such an enterprise is based on the right of operational management of federal property, i.e., is managed government bodies, it is called Federal state enterprise. All other unitary enterprises are enterprises based on the right of economic management.

Non-Profit Organizations. Non-profit organizations include consumer cooperatives, public and religious organizations, foundations.

consumer cooperative - this is an association of citizens and legal entities on the basis of membership in order to meet the material and other needs of the participants, carried out by combining its members with share contributions. A consumer cooperative usually provides its members with certain consumer goods.

Public and religious organizations voluntary associations of citizens are recognized, in the manner prescribed by law, united on the basis of their common interests to satisfy spiritual and other non-material needs.

Fund recognized as a non-profit organization without membership, established by citizens or legal entities on the basis of voluntary property contributions, pursuing social,

CHARITABLE, CULTURAL, GENERAL EDUCATIONAL AND OTHER SOCIALLY BENEFICIAL PURPOSES. PROPERTY TRANSFERRED TO THE FOUNDATION BY ITS FOUNDERS, YAVLYA

Individual entrepreneurs. If an individual citizen is engaged in entrepreneurial activity, but without forming a legal entity (for example, organizes his own farm), then he is recognized as an individual entrepreneur. In fact, it is also an enterprise.

the most important integral part structure of the modern market economy is the diversification of economic activities. Under diversification This implies an increase in the number of markets where the enterprise operates. The activity of large enterprises and entire industries is expanding beyond the core business, which refers to the production of goods and services that have the maximum share in sales compared to other types of products. Diversification driven the desire of enterprises in a competitive environment to strengthen their position, to respond in a timely manner to changes in the economic situation, to ensure the effectiveness of their activities. In other words, diversification solves the problem of an enterprise's dependence on the conditions of the only market in which it operates, since an unfavorable situation in one industry will not mean

For the enterprise, the threat of ruin. At the same time, enterprises from specialized ones are turning into diversified complexes - conglomerates.

Its constituent parts do not have functional links with each other.

In conditions of constant growth in the volume of homogeneous or technologically related products, production factors are focused on large enterprises. This is an objective process of production, based on the defining motive of entrepreneurship - increasing profits. In order to ensure a continuous increase in profits, the entrepreneur has to capitalize part of the profit, turning it into additional factors of production. This causes the growth of individual enterprises and an increase in the scale of production.

The desire to maximize profits and competition lead to the accelerated development of technology, to more and more large-scale production, improving the system of machines and technologies.

Growth in the size of enterprises can also occur through the takeover by one enterprise of another or through the voluntary merger of several independent enterprises in the form of joint-stock companies. Centralization of production (capital) is carried out as a result of competition and leads to the redistribution of resources (capital) available in society. The centralization of production is different From the concentration of production, which means an increase in the size of individual (individual) enterprises due to the capitalization of profits. Concentration and centralization as two ways to expand the scale of enterprises are closely related. Both processes determine the rapid growth of the scale of enterprises, leading at a certain level to the dominance of monopolies. The concentration and centralization of production leads to the concentration of gigantic wealth in the hands of a few groups of the financial oligarchy.

Joint stock companies, formed as a result of the centralization of production and constituting the vast majority of modern enterprises, have significant opportunities for financing acquisitions: issuing long-term bonds, obtaining bank loans, using a participation system, etc.

Search

The Shoelaces and Heels enterprise specializes in repair of clothes and footwear. The profit of the enterprise is distributed in accordance with the amount contributed by each member labor collective shares and shares of his labor participation. Name the organizational and legal form of the enterprise "Slaces and heels". Give two indications on which you established this. Give one more feature characteristic of this organizational and legal form of the enterprise.

Explanation.

1. Legal form - production cooperative.

2. Signs:

Compulsory labor participation of the owners of the enterprise;

The profit is distributed in accordance with the size of the share contributed by each member of the labor collective and the share of his labor participation.

3. One other sign, for example: the members of a production cooperative bear subsidiary liability for the obligations of the cooperative.

Deciding to create a commercial organization, the founders chose a limited liability company as the organizational and legal form. Which of the following applies to the advantages of this legal form? Write down the numbers under which they are indicated.

1) simplified order of conduct accounting

2) small minimum size founding capital

3) full property liability for obligations

4) lack of property liability of the founders for the obligations of the organization

5) free use of proceeds

6) the ability of founders to leave the organization with compensation for their share

Explanation.

Limited Liability Company - an economic company established by one or more legal or natural persons, the authorized capital of which is divided into shares; the participants of the company are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares or shares in the authorized capital of the company.

The advantages of an LLC are: in a simplified registration procedure; in a small amount of founding capital; in the absence of the need to publish documents reflecting the activities of the enterprise; in law foreign legal and individuals be founders of an LLC; in a simplified accounting procedure; in the possibility of free withdrawal from the LLC with compensation for the owned share, regardless of the desire of other members.

1) simplified accounting procedure - yes, that's right.

2) a small minimum amount of constituent capital - yes, that's right.

3) full property liability for obligations - no, that's not true.

4) the lack of property liability of the founders for the obligations of the organization - no, it is not true, this is a sign, not an advantage.

5) free use of proceeds - no, that's not true.

6) the ability of the founders to leave the organization with compensation for their share - yes, that's right.

Answer: 126.

Danila Gorodilov 31.10.2018 13:27

You write in the explanation that the participants in the LLC are not liable for its obligations, but you put option number 4 as incorrect.

Ivan George

It is necessary to indicate not the signs, but the advantages. Look at the explanation.

Pharmacy No. 1 of city N is a municipal unitary enterprise. Which of the following in the list corresponds to the distinctive features of this form of business organization? Write down the numbers under which they are indicated.

1) The supreme governing body is general meeting its members, which decides critical issues activities of the firm, including electing permanent executive bodies– board and/or chairman.

2) The entrepreneur is liable for his obligations with all his property, with the exception of property, which, in accordance with the law, cannot be levied.

3) A commercial organization is not endowed with the right of ownership of the property assigned to it by the owner.

4) The enterprise is not entitled to create another enterprise as a legal entity by transferring to it a part of its property (subsidiary enterprise).

5) The property of the enterprise belongs to it on the right of economic management or on the right of operational management, is indivisible and cannot be distributed among deposits.

6) The profit of the enterprise is distributed among its employees in accordance with their labor participation.

Explanation.

A unitary enterprise is a special organizational and legal form of a legal entity. Public sector entity, not endowed with the right of ownership of the property assigned to it by the owner.

Answer: 345.

Shop "Korzhik and Bun" is a production cooperative. Which of the following in the list corresponds to the distinctive features of this form of business organization? Write down the numbers under which they are indicated.

Enter the numbers in ascending order.

1) The property owned by the enterprise is divided into shares of its members.

2) The profit of the enterprise is distributed among its members in accordance with their labor participation.

3) The authorized capital is divided into a certain number of shares that are issued in exchange for a contribution and owned by its participants.

5) The number of members of the enterprise should not exceed five people.

6) An enterprise cannot be transformed into a business partnership or company.

Explanation.

1) The property owned by the enterprise is divided into shares of its members. Yes, it is true of the Civil Code of the Russian Federation, Art. 106.3 point 1.

2) The profit of the enterprise is distributed among its members in accordance with their labor participation. Yes, that's right, the Civil Code of the Russian Federation Art. 106.3 point 3.

3) The authorized capital is divided into a certain number of shares that are issued in exchange for a contribution and owned by its participants. No, it's not true, it's a joint-stock company.

5) The number of members of the enterprise should not exceed five people. No, that's not true, their number should not be less five people, Civil Code of the Russian Federation Art. 106.2 point 4.

6) An enterprise cannot be transformed into a business partnership or company. No, it is not true, it may be in accordance with Art. 106.6 of the Civil Code of the Russian Federation.

Answer: 124.

Answer: 124

Ivan George

Find a concept that generalizes to all the other concepts in the series below. Write down this word (phrase).

Joint-Stock Company, dividend, controlling stake, general meeting, limited liability.

Explanation.

A joint-stock company is one of the forms of a commercial organization. The authorized capital of the company is divided into a certain number of shares, which certify the obligations of the joint-stock company to its shareholders. Participants bear limited liability, are not liable for the obligations of the company, risk within the value of the acquired shares.

Dividend - part of the profit of a joint-stock company, distributed among shareholders in accordance with the type of shares and shares.

Controlling block of shares - a share of shares that allows their owner to make decisions on the functioning of the company (50% of shares + 1 share).

General meeting - supreme body management in a joint stock company.

Answer: joint stock company.

Answer: joint stock company

In the row below, find the concept that is generalizing for all the other concepts presented. Write down this word or phrase.

Cooperative, enterprise, partnership, joint-stock company, corporation.

Explanation.

Cooperative, partnership, joint-stock company, corporation - all this various forms enterprises.

Answer: enterprise.

Answer: enterprise

Partnerships, companies, legal entities, subjects of law, institutions.

Explanation.

Types of subjects: the state (public legal entities), individuals, legal entities, individual entrepreneurs.

Answer: subjects of law.

Answer: subjects of law

Company, partnership, economical society, cooperative, corporation.

Explanation.

Partnership, economic society, cooperative, corporation - these are the types of enterprises and relations in them.

Answer: enterprise.

Answer: enterprise

Subject area: Law. Organizational and legal forms and the legal regime of entrepreneurial activity, Economics. Main sources of business financing

Entity, production cooperative, unitary enterprise, general partnership, limited liability company.

Explanation.

To organize all these enterprises, registration of a legal entity is required.

Answer: legal entity.

Answer: legal entity

Subject area: Law. Organizational and legal forms and legal regime of entrepreneurial activity

In the row below, find a concept that is generalizing for all other concepts, and write down this word (phrase).

Production cooperative, economic society, bar association, legal entity, public fund.

Explanation.

All presented concepts are types of legal entities.

Answer: legal entity.

Answer: legal entity

Source: Unified State Examination in Social Studies 03/30/2016. early wave

Unitary enterprise, production cooperative, legal entity, limited partnership, joint-stock company.

Explanation.

All these types of legal entities

Answer: legal entity

Answer: legal entity

Source: USE - 2018. Early wave

Legal entities, individuals, subjects of law, cooperatives, institutions.

Explanation.

A generalizing concept for the whole series is the subjects of law

Correct Answer: subjects of law

Answer: subjects of law

Peter decided to organize an individual enterprise. Find in the list below the conditions that will allow him to open a sole proprietorship. Write down the numbers under which they are indicated.

Enter the numbers in ascending order.

1) payment of state duty

2) registration of the company's charter

3) coordination of constituent documents

4) contribution of the authorized capital

5) filing an application for state registration

6) transfer of documents on registration of the enterprise to the tax office

Explanation.

For more details, see the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", Article 22.1:

1) payment of state duty. Yes, that's right.

2) registration of the charter of the enterprise.

3) coordination of constituent documents. No, it is not true, this is not required to register an IP.

4) contribution of the authorized capital. No, it is not true, this is not required to register an IP.

5) filing an application for state registration. Yes, that's right.

6) transfer of documents on registration of the enterprise to the tax office. Yes, that's right.

Answer: 156.

What guarantees for the implementation of entrepreneurial activity does the author name? Name two guarantees. Give one example of the implementation of each of them in practice.

(I.V. Ershova)

Explanation.

1) two guarantees are indicated:

The possibility of judicial protection of rights in case of their violation, equal protection of all forms of ownership, the possibility of restricting rights only on the basis of federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the defense and security of the state;

Possibility of free choice: type, field of activity; territories where activities are carried out; organizational and legal form of carrying out activities.

2) examples of the implementation of each of them in practice are given, for example:

OOO "Dom" filed a claim with the arbitration court against MUE "Vodokanal" for violation of contractual obligations;

Individual entrepreneurs Nikolay R and Alexey I. decided to create a general partnership, for which they signed a memorandum of association, where they entered information on the composition and size share capital, after which they passed the state registration;

Other examples may be given.

Subject area: Law. Organizational and legal forms and legal regime of entrepreneurial activity

1) business partnership

2) political party

3) housing cooperative

4) industrial enterprise

Explanation.

The organizational and legal form of entrepreneurial activity is the form of an economic entity recognized by the legislation of a particular country, fixing the method of fixing and using property by an economic entity and its consequences arising from this. legal status and purpose of the activity.

Entrepreneurial activity is a partnership.

The correct answer is number 1.

Answer: 1

Subject area: Law. Organizational and legal forms and legal regime of entrepreneurial activity

Name any three features of a business partnership on faith (limited partnership) as an organizational and legal form of entrepreneurial activity and illustrate each of them with an example. (Each example should be formulated in detail).

Explanation.

The answer may be named And illustrated, for example, the following three peculiarities business partnership on faith as an organizational and legal form of entrepreneurial activity:

1) the founders of a partnership, along with individual entrepreneurs and commercial organizations, may be non-profit organizations. (For example, three medical centers in the city of N have combined their economic efforts by creating a network of clinics "Wonderful Doctor");

2) division of capital in the organization into shares (contributions) of the founders. (For example, the capital of the company "Miraculous Doctor" is divided into three shares);

3) along with the participants who carry out entrepreneurial activities on behalf of the partnership and are liable for the obligations of the partnership with their property, there are several contributors who bear the risk of losses only within the limits of their contributions and do not take part in entrepreneurial activities). (For example, the partnership "Wonderful Doctor" includes 2 participants who have made their monetary contribution, but do not take part in the activities of the company).

Read the text and complete tasks 21-24.

The right to carry out entrepreneurial activity must be exercised within the boundaries outlined by regulatory legal acts containing both positive rules of conduct and prohibitions applied in this area. The set of rules, techniques and methods of state regulation of entrepreneurial activity forms the mode of its implementation. They speak as a general legal regime applicable to all entities (for example, the registration regime), and on a special regime, which covers either a certain part of the subjects of business law (for example, banks, stock exchanges), or entities engaged in a certain type of activity (licensing regime).

The constitutional right to carry out entrepreneurial activity is secured by guarantees. Among the guarantees, first of all, it is necessary to name the possibility of judicial protection of rights in case of their violation, equal protection of all forms of ownership, the possibility of restricting rights only on the basis of federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, ensuring the defense and security of the state.

The guarantees of the right to carry out entrepreneurial activity include the possibility of free choice: type, scope of activity; territories where activities are carried out; organizational and legal form of carrying out activities.

The organizational and legal form of entrepreneurial activity is understood as a set of property and organizational differences, ways of forming the property base, features of the interaction of owners, founders, participants, their responsibility to each other and counterparties.

The current legislation establishes the following organizational and legal forms of entrepreneurial activity: business partnerships (general and limited), business companies (with limited liability, with additional liability, joint-stock), production cooperatives, state and municipal unitary enterprises. The listed organizations under the legislation of the Russian Federation are commercial.

In addition to commercial organizations, the current legislation provides for the possibility of creating non-profit organizations. Non-profit organizations can be created in the form of public and religious organizations (associations), non-profit partnerships, institutions, autonomous non-profit organizations, social charitable and other funds, associations and unions, as well as in other forms provided for federal laws. In case if non-profit organization the law or the charter grants the right to engage in entrepreneurial activities that correspond to the goals for which this organization was created, the profit from such activities is not distributed among its participants, but is directed to achieve the statutory goals.

State regulation of entrepreneurial activity can be direct (directive) and indirect (economic) ... In market conditions of management, priority is given to indirect methods of regulation using various economic levers and incentives.

(I.V. Ershova)

Explanation.

The correct answer must contain the following elements:

1) the concept of the mode of carrying out entrepreneurial activity is indicated:

The set of rules, techniques and methods of state regulation of entrepreneurial activity

2) two kinds of mode are indicated

General legal regime (applicable to all entities, e.g. registration regime)

A special regime (which covers either a certain part of business law entities (banks, stock exchanges), or entities engaged in a certain type of activity - a licensing regime).

Modes can be characterized in other words.

3) The meaning of the concept is explained, for example:

Entrepreneurial activity is an independent, proactive, commercial activity carried out at one's own risk and aimed at systematic profit.

Correspondence of the structure of the proposed answer to a plan of a complex type;

The presence of plan items indicating that the examinee understands the main aspects of this topic, without which it cannot be disclosed on the merits;

The correctness of the wording of the points of the plan.

The wording of the points of the plan, which are abstract and formal in nature and do not reflect the specifics of the topic, are not counted in the assessment.

1. The concept of entrepreneurial activity.

2. Entrepreneurial activity of a citizen (IP).

3. Corporate and unitary legal entities.

4. Business partnerships and companies:

a) Characteristics:

1. division into shares (contributions) of the founders (participants) of the authorized (share) capital;

2. ownership of property, etc.

b) forms of economic partnership: full and limited.

c) forms of a business company: a joint-stock company and a limited liability company.

5. Peasant (farm) economy.

6. Economic partnerships.

7. Production cooperatives, characteristics:

a) Personal labor participation of the participants of the cooperative;

b) consolidation of share contributions of participants, etc.

8. State and municipal unitary enterprises, characteristics:

a) the property belongs to the founder;

b) the enterprise manages property on the basis of the right of economic management or operational management;

c) property is indivisible, etc.

A different number and (or) other correct wording of points and sub-points of the plan are possible. They can be presented in nominal interrogative or mixed forms.

The presence of any two of the 4,7,8 points of the plan in this or similar wording will reveal the content of this topic in essence.