Introduction Practical psychology is one of the “youngest” specialties, which actively entered our reality in the wake of the humanization of social life at the end of the 20th century. In today's Russia it has become an integral sign of modernity. If profession

5.7. Organizational and legal forms and legal regime of entrepreneurial activity Business law is a branch of Russian law, which is a set of legal norms governing business relations and closely related to them

Big brother of small business One day, a friend of mine decided to make money. What did he not do for this? He threw himself into various adventures until he spent all his money. After this, he decided to get a job. And where did he work after that?

The Code of Administrative Offenses most fully regulates administrative and jurisdictional activities carried out both extrajudicially and in court by the rules of substantive and procedural law.

The objectives of the proceedings are defined: timely, comprehensive, complete and objective clarification of the circumstances of each case; resolving it in strict accordance with the law, ensuring the execution of the decision; identifying the causes and conditions conducive to the commission of administrative offenses; crime prevention; educating citizens in the spirit of observance of laws and strengthening the rule of law (Article 225).

Circumstances are also defined that exclude proceedings in cases of administrative offenses. Proceedings in the case cannot be started, and the started proceedings are subject to termination in the absence of an event and an administrative offense; issuing an act of amnesty if it eliminates the application of an administrative penalty; repeal of the act establishing administrative liability; the expiration by the time the case of an administrative offense is considered of the period established by law for the imposition of administrative penalties (and it can, as a rule, be imposed no later than two months from the date of the offense). These circumstances apply to both individuals and legal entities. In addition, circumstances have been established that exclude proceedings in relation only to individuals. This is a person’s failure to reach 16 years of age at the time of committing an administrative offense; the insanity of a person who has committed an unlawful act or the inaction of a person in a state of extreme necessity or necessary defense; the presence, for the same fact, in relation to the person brought to administrative responsibility, of a resolution of the competent body (official) to impose an administrative penalty, as well as the presence of criminal case invoices on this matter; death of the person against whom proceedings have been initiated.

If, during the consideration of the case, it is discovered that the administrative offense contains signs of a crime, the materials are transferred by the body (official) considering the case to the prosecutor, the preliminary investigation or inquiry body.

It has also been established that the proceedings are carried out on the basis of the legislation in force at the time of the commission of the administrative offense and at the place of its commission (in cases of transport offenses - at the place of registration of vehicles).

The proceedings are conducted in the state language of the Russian Federation or in the state language of the subject of the Russian Federation in whose territory the body (official) authorized to consider the case is located. A person who does not speak the language in which the proceedings are conducted is guaranteed the right to speak in his native (or other) language, as well as to use the services of an interpreter.

Consideration of cases of administrative offenses is carried out on the basis of equality before the law and the body considering the case of all citizens, regardless of social and property status, race and nationality, gender, education, language, attitude to religion, type and nature of occupation, etc.

Cases of administrative offenses are considered openly. If necessary, they can be examined directly at the offender’s place of work, study or residence.

Supervision over the accurate and uniform implementation of laws in proceedings on cases of administrative offenses is carried out by the prosecutor's office.

About the place and time of consideration of the case administrative offense committed by a minor, as well as about an offense entailing the use of administrative arrest, the prosecutor is notified.

Cases of administrative offenses are considered, as a rule, within fifteen days from the date the body (official) authorized to consider the case receives the necessary materials (in particular, the protocol on the violation). Some cases are processed within a shorter period of time. Thus, cases of petty hooliganism must be considered within 24 hours, etc.

They have important procedural significance proof, those. any factual data on the basis of which authorities (officials) establish the presence or absence of an administrative offense, guilt of this person and other circumstances relevant to the correct resolution of the case. These data are established by the protocol on an administrative offense, explanations of persons brought to administrative responsibility, testimony of victims, witnesses, expert opinions, other documents, physical evidence, protocols on the seizure of things and documents, etc. In this case, objects that were an instrument or direct object of an administrative offense or that retained traces of it act as material evidence.

The assessment of evidence is carried out by the body (official) conducting administrative proceedings, according to its internal conviction, based on a comprehensive, complete and objective study of all the circumstances of the case in their totality. No evidence can have a predetermined value.

In order to ensure timely and correct consideration of cases, as well as the execution of decisions adopted on them, the legislation provides for the possibility of using measures for procedural support of production. By their legal nature, they are a type of administrative-preventive and administrative-preventive measures. This is the administrative detention of a person, his delivery (forced transfer) for the purpose of drawing up a protocol on an administrative offense, personal search of things, Vehicle, seizure of things and documents, removal from driving vehicles and medical examination for intoxication, detention of vehicles.

All specified measures are documented in appropriate protocols. The Code of Administrative Offenses determines the powers of officials applying these measures (for example, officials of the police, control and supervisory authorities, etc.). Personal search, search of things, vehicles are carried out with the aim of detecting instruments for committing an administrative offense or its direct object. These measures, as well as the seizure of documents and things belonging to individuals and legal entities, are carried out in the presence of witnesses.

Particular attention should be paid to such a production support measure as administrative detention of an individual, since we are talking about a short-term restriction of his freedom. This measure is applied in exceptional cases by internal affairs bodies, border guards, paramilitary security officials and military automobile inspection. Its use is carried out in order to suppress an administrative offense when other measures of influence have been exhausted; identifying the offender; drawing up a protocol on an administrative offense, if necessary.

Administrative detention may last no more than three hours.

In case of violation of the border regime, persons may be detained for up to three days with notification of this to the prosecutor or for a period up to ten days with the sanction of the prosecutor.

Measures to ensure administrative proceedings can be appealed by interested parties to a higher authority (higher official), prosecutor or court. The complaint is subject to consideration within five days.

Bodies (officials) competent to consider cases of administrative liability. These are bodies of administrative jurisdiction that do not coincide with common system executive bodies. Their competence is therefore of a special nature. Among them:

a) people's courts (magistrates). The jurisdiction of the judge includes the consideration and resolution of cases of the most serious administrative offenses. These are, for example, cases: on preventing citizens from exercising the right to vote (Article 40 1); illegal acquisition or storage of narcotic drugs in small quantities or their consumption without a doctor’s prescription (Article 44); petty theft (Article 49); illegal issuance of a license (Article 56 1); production and use of radio transmitting devices without permission (Article 137); violation of trade rules (Article 146); petty hooliganism (Article 158); malicious disobedience to a lawful order or demand of a police officer (Article 165), etc. Cases are usually considered individually;

b) administrative commissions of district, city executive bodies of the system local government. They collectively consider all categories of cases of administrative offenses, except those assigned to the jurisdiction of other bodies (officials);

c) commissions for the protection of the rights of minors consider cases of offenses committed by persons aged 16 to 18 years;

d) internal affairs bodies (police), as well as other executive bodies exercising control and supervisory functions and powers in various fields of activity (for example, fire inspection authorities, customs authorities, transport inspectorates, antimonopoly authorities, sanitary and veterinary inspection authorities, border control authorities services, etc.). Their competence is determined by Art. 203–224 Code of Administrative Offences.

Practically, on behalf of these bodies, officials act who consider cases of administrative offenses and impose administrative penalties (inspectors, controllers-auditors, etc.).

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Administrative law

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Kozlov Yu.M.
K59 Administrative Law: Textbook. – M.: Yurist, 1999.–320 p. ISBN 5-7975-0197-Х (translated) The textbook is written in accordance with the federal component of the state

What does administrative law regulate?
The stated positions lead to a purely legal analysis of legal regulation in the sphere of practical implementation of executive power. As already noted, there is a special

Managerial relations
Administrative law thus regulates quite diverse, but similar relations, managerial in nature. These include: a) relationships within the framework of

Functions of administrative law
Within the boundaries of its subject, administrative law, like other branches of Russian law, performs a regulatory function. Its content is the creation of a certain

Administrative legal personality
Administrative legal personality presupposes such qualities of individuals and legal entities that, in accordance with current legislation, give them the right to be participants (parties)

Administrative law in the legal system
Administrative law closely interacts with other branches of Russian law. One of its features is that administrative law, firstly, to a significant extent

Concept and types
As has already been emphasized, often the branches of current Russian law coincide in their main manifestations, i.e. on the subject of legal regulation. For example, this is clearly visible

Features of the administrative law method
Administrative law practically uses all methods of legal regulation. At the same time, the determining influence on the choice of certain means of legal influence on management

Concept and features of administrative legal norms
Rules of law in their legal content represent certain rules of conduct established by the state. Their compliance is guaranteed by various means

Types of administrative legal norms
The norms of administrative law are divided into a number of groups depending on their regulatory focus and legal content. The following classification is proposed.

Implementation of administrative legal norms
Implementation means practical use norms in accordance with the goals of administrative and legal regulation of managerial social relations. There are two main

They mean external forms expressions of administrative legal norms. This regulations of varying legal force. The most significant role is as follows

Features of administrative-legal relations
Any public relations are transformed under the regulatory influence of the relevant rules of law, i.e. acquire legal form– become legal relations. One hundred

Types of administrative-legal relations
Of course, social relations regulated by administrative legal norms are different in nature. And the element of legal authority inherent in them is expressed in different ways. Etc

Fundamentals of the administrative and legal status of a citizen
The analysis of the administrative legal personality of various participants in social relations emerging in the sphere of implementation of executive power begins with due validity

Rights and responsibilities of citizens in the sphere of implementation of executive power
It should be taken into account that the rights and freedoms of citizens are either directly implemented in the sphere of activity of subjects of executive power, or are organically related to the practical activities

Guarantees of citizens' rights in the sphere of implementation of executive power
Guarantees of legal rights, obligations and legitimate interests of citizens are understood as conditions and means that ensure their actual implementation and reliable protection (protection)

Right to Complain
The issue of means of protecting one’s rights and legitimate interests violated by executive bodies (officials), which, in accordance with the law, deserves special attention.

Features of the administrative and legal status of foreigners
Foreign citizens and stateless persons on the territory of the Russian Federation enjoy rights and bear responsibilities on an equal basis with citizens of the Russian Federation, except in cases established by federal law or international law.

The concept of an executive body
Executive authorities are the main subject of implementation of this branch of government. Without it, the practical implementation of public administration is impossible.

Principles of organization and activities of executive authorities
The principles are the most important political-legal and organizational-legal foundations for the organization and activities of executive authorities. 1. Federalism is

Types of executive authorities
Executive authorities differ in the content and specific focus of their activities. It is possible to subdivide them into the following species groups. 1. By territory

President of the Russian Federation and executive power
According to the Constitution of the Russian Federation of 1993, the President is not the head of the executive branch, which he was under the previous Constitution. As the head of state, he is endowed with

System of federal executive authorities
At the federal level, the system of executive authorities is currently represented by the following links: Government of the Russian Federation; federal ministries; state committees

Executive authorities of the constituent entities of the Russian Federation
In accordance with the principle of federalism, federal executive authorities and executive authorities of constituent entities of the Russian Federation form a unified system of executive power in the Russian Federation (Part 2

Territorial authorities
Article 78 of the Constitution of the Russian Federation enshrines the right of federal executive bodies to create territorial bodies to exercise their powers and appoint appropriate

The concept of public service and its types
During the entire period of its existence, in the Soviet state there was practically no legislation specifically devoted to the public service. The word has become widespread

Government position
Concept of civil service in the closest possible way associated with the concept of “public office”. It is defined by the legislator as a position in government bodies

Principles of public service
They are derived from the equal access of citizens of the Russian Federation to public service enshrined in the Constitution of the Russian Federation (Part 4 of Article 32). In Art. 5 of the Federal Law on Civil Service gives

State employee; basics of status
Already available information about the civil service leads us to the characteristics of persons filling the corresponding public positions in the civil service, i.e. actually

Types of civil servants. Officials
First of all, it is necessary to recall the starting positions that have already been discussed. This refers to civil servants: a) federal government bodies; b) th

Public-service relations
Public service is embodied in the relationship between the state, represented by its authorized bodies, and a citizen of the Russian Federation who wishes to exercise his constitutional right to work in the state.

Entering the civil service
Citizens of the Russian Federation at least 18 years of age who speak the state language and have professional education. Any

Termination of public-service relations
Civil service terminates upon dismissal of an employee, including in connection with his retirement. The general grounds for dismissal of employees are provided for in the labor regulations.

State organizations
In the sphere of public administration, there are many different state and legal entities that differ in their purpose and administrative and legal status. government organizations. Their pr

State organizations
First of all, it is necessary to emphasize that this refers to the form of ownership characteristic of such organizations. They are established by the state, which owns the right to

Non-governmental organizations
This is a fairly diverse group of organizations, including, first of all, public associations, other types of commercial and non-profit organizations, private

Forms of management
In the general scientific understanding, form means the external expression of the content of a certain phenomenon or certain actions. Thus, the learning process - the content of the activity can be changed

Types of forms of management
Taking into account the diversity of forms of management, their specific types can be distinguished. In practice, the choice of management forms depends on many circumstances. For example, a lot depends on the character

Concept and legal meaning of management acts
The publication of legal acts is a specific and basic form for the activities of executive authorities. Their role is determined by the fact that with their help they directly implement

Types of legal acts of management
According to their legal properties, the types of legal acts of management have already been identified. These are normative and individual acts. This is their main division. Normal

Requirements for legal acts of management
The most important condition for the validity of legal acts of management is their compliance with the established requirements for their legal content and the procedure for their publication. In the basics

Effect of legal acts of management
Legal acts of management cause corresponding legal consequences when they are in effect. What gives grounds for recognizing this act as valid? Legal

Management methods
A method is a way, a method of practical activity. Since we are talking about public management activities, the question about the methods and techniques of its implementation is logical.

Types of management methods
The methods used in the process of exercising executive power are varied. But they are based on two universal methods of any state or public work - persuasion

The essence and types of administrative coercion
Among the administrative-legal methods, they included, in particular, means of a coercive nature, with the help of which executive bodies (officials), if necessary,

The essence of administrative responsibility
Administrative responsibility is expressed in the application by the authorized state body (official) of the rules provided for by the current norms of administrative law

Grounds for administrative liability
The main thing in characterizing administrative responsibility is its legal basis, which gives it a set of specific qualities. He is, as already noted, an offender

Object and objective side of the offense
The object of an administrative offense is what it encroaches on, what social relations it violates. The common object is defined by Art. 1 and 10 Code of Administrative Offences. The main conclusion from its contents

Subject and subjective side of the offense
A subject is an individual or legal entity that has committed an administrative offense. In addition, special subjects are identified - officials, military personnel, foreign

Purposes of administrative penalties
The next element of the general characteristics of administrative liability is administrative penalties. They are a measure of responsibility for committed administrative violations.

Types of administrative penalties
The system of administrative penalties is defined in Art. 24 Code of Administrative Offenses: warning; administrative penalty; paid seizure of an item; confiscation of an object that was an instrument of commission

Rules for imposing administrative penalties
The means to ensure legality when imposing such penalties are important. In this sense, first of all, it is necessary to characterize the conditions that exclude administrative from

Concept and types of administrative process
Executive power is practically implemented in various types of actions of executive bodies (officials), the legal content of which is the application of maternal norms

Administrative jurisdiction
Jurisdictional proceedings are the practical manifestation of administrative jurisdiction. Administrative jurisdiction is manifested (like judicial jurisdiction) in the consideration and resolution

Proceedings for the preparation of legal acts of management
This is the most important type of procedural activity of an organizational and procedural nature. It is carried out in the interests of the effective work of executive authorities in applying

Licensing and permitting proceedings
Certain types of activities are carried out by individuals and legal entities on the basis of a special permit - license. License – permission (right) to implement

Registration proceedings
Registration is an act of official recognition of the legality of certain actions. Thus, the justice authorities carry out state registration of normative acts of executive authorities

Proceedings based on complaints
Complaints are always related to the complainant’s idea that his rights or legitimate interests have been violated or infringed by the actions or legal acts of officials of enforcement agencies

Disciplinary proceedings
Its essence lies in its application to persons who have committed an offense in the form of disciplinary offense provided for by law disciplinary sanctions. In relation to the state

Production participants
Among them, the Code of Administrative Offenses includes: persons against whom proceedings are being conducted; victims (if any); legal representatives; lawyer; witnesses; experts; translator

Production stages
Proceedings in cases of administrative offenses consist of: initiating a case; its consideration and resolution; appealing or protesting a decision in a case; isp

Enforcement proceedings
The execution of a decision adopted in a case of an administrative offense is also one of the stages of jurisdictional proceedings. It stands out for its specific legal

The importance of legality for the process of implementing executive power
The constitutional principle of legality (Article 15) has special meaning for public administration activities, during which executive power is exercised. This is determined

The concept of ways to ensure the rule of law and their types
The operation of the principle of legality in the sphere of public administration is ensured by a system of organizational and legal means. The totality of such means, different in size

Legislative control
Parliamentary control as a legal institution in the Russian Federation is not provided for by the Constitution of the Russian Federation. Nevertheless, due to its primacy, the legislative branch has the opportunity to significantly

Control powers of the President of the Russian Federation
The President of the Russian Federation, as the head of state, is endowed by the Constitution of the Russian Federation with significant control powers in the sphere of exercising executive power. Their implementation is associated with the decision

Control of executive authorities
Control, being one of the main functions of management activities, manifests itself in various forms in the process of exercising executive power by its subjects. At the same time, it is especially

Features of administrative supervision
When characterizing the system of federal executive authorities, their special link was identified, operating under the general name “federal supervision”. However this

Judicial and prosecutorial supervision
Currently, the role of the judiciary in ensuring the rule of law in the implementation of executive power has increased significantly, which strengthens the guarantees of strict executive discipline.

Constitutional Court of the Russian Federation
Its tasks include: resolving cases on the compliance of the Constitution of the Russian Federation with normative acts of the Government, the same acts of executive authorities of the constituent entities of the Russian Federation (on issues related

Courts of general jurisdiction
In accordance with the Federal Law “On the Judicial System of the Russian Federation” of December 31, 1996 (SZ RF. 1997. No. 1. Art. 1), it consists of traditionally existing courts of general jurisdiction

Arbitration courts
The Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes (Article 127 of the Constitution of the Russian Federation). The legal basis for this type of justice is contained in the Federal

General supervision of the prosecutor's office
In accordance with the Federal Law “On the Prosecutor’s Office of the Russian Federation” of November 17, 1995 (SZ RF, 1995. No. 47. Art. 4472), the prosecutor’s office carries out: a) supervision of

Features and forms of non-sectoral management
Let's illustrate with specific examples features of executive bodies with general industry competence. Let us note that most often in educational literature they unconditionally highlight

Industrial complex management
Industrial management bodies The main directions of state management activities in the field of industry are: creating the necessary

All executive authorities, in various forms, exercise their control and supervisory functions and powers in the field of industrial complex management. Simultaneously

Agro-industrial complex management
The agro-industrial complex (AIC) is designed to provide the consumer market with food and raw materials for industrial production. As a branch of the economy, it includes manufacturing

Organization of agricultural management
The most complete understanding of the mechanism of state management of the agro-industrial complex in modern conditions can be obtained based on the analysis of administrative and legal

State control and supervision
There are a number of specialized control and supervisory bodies operating in the agro-industrial complex. State Grain Inspectorate under the Government of the Russian Federation (Rosgoskhlebinspektsiya) –

Management of transport and road complex and communications
Transport, which plays a critical role in meeting the transportation needs of the country, the sectoral system of government, as well as the population, currently includes:

Organization of railway transport management
The Federal Law “On Federal Railway Transport” of August 25, 1995 characterizes it as the basis of the transport system of the Russian Federation, one of the types of general transport

Organization of management of sea, river and road transport
The Ministry of Transport of the Russian Federation (Mintrans of Russia) operates in this area - a federal executive body that carries out state policy and implements state

Organization of air transport management
Executive, control, permitting, regulatory functions in civil aviation and air traffic management are entrusted to the Federal aviation service Russia

Organization of road management
Road management is closely related to the functioning of many types of transport. Because of this, its management was previously within the competence of the Russian Ministry of Transport. According to Uka

Communication management organization
The central link in the public administration system in this area is the State Committee of the Russian Federation for Communications and Informatization. He builds his activities, guided by

State control and supervision
In the field of transport and communications, there are special control and supervisory services or divisions. Thus, the Department of Russian Transport was formed within the Ministry of Transport of Russia

Organization of construction and housing management
The federal executive body in this area is the State Committee of the Russian Federation for Construction, Architectural and Housing Policy (Gosstroy of Russia). Eg

State control and supervision
The special body exercising state control in housing and communal services is the State Housing Inspectorate. It consists of the Main State

Organization of environmental management
Management functions in the area of ​​use are now allocated natural resources, i.e. their exploitation in order to achieve certain economic results (extraction, processing

Organization of management in the field of natural resource protection
A special body designed to ensure the protection of natural resources is the State Committee of the Russian Federation for Environmental Protection (Goskomekologiya of Russia). State

State control and supervision
The basic concepts used in this aspect are as follows. State environmental control - monitoring the state of the natural environment and its changes under the influence of

Organization of financial management
The Ministry of Finance of the Russian Federation (Ministry of Finance of Russia) is a federal executive body that ensures the implementation of a unified financial, budgetary, tax and currency policy in the Russian Federation,

Organization of credit business
Banks are credit institutions that have the exclusive right to attract deposits, open accounts for individuals and legal entities, and place these funds in various areas.

Organization of tax affairs
Taxes are the main source of budget revenue generation, which is why significant regulatory and legal attention is paid to the organization of tax affairs. In this area there are:

State control and supervision
In the sphere of public management of finance and credit, state financial control over the formation of state revenues and their rational use is of the utmost importance.

Trade management
Trade is the main commodity distribution channel, most susceptible to the impact of the transition to market relations. The public sector is practically crowded out by various types of

Organization of trade management
The Ministry of Trade of the Russian Federation (Mintorg of Russia) is a federal executive body that pursues state policy in the field of trade and Catering aimed at satisfying

State control and supervision
State control over compliance with the norms and rules of trade and public catering, order and price discipline, over the quality and safety of consumer goods in the organization

Educational management
Education system - general (primary, secondary schools, gymnasiums, lyceums), primary vocational (schools, etc.), secondary specialized (technical schools, colleges, etc.) and higher

Educational institutions
All of them carry out the educational process in its various forms (full-time, evening, correspondence, external studies), guided by the standard provisions approved by the Government of the Russian Federation. So,

Science management
Scientific activity manifests itself in various organizational forms: fundamental, departmental, university. Its state regulation is carried out on the basis of the Federal

Scientific organizations
A scientific organization is a legal entity, regardless of its organizational and legal form and form of ownership, as well as a public association of scientific workers, carrying out

Department of Culture
Management in the field of culture involves state regulation in the field of preservation, creation, dissemination and development of cultural values, legal support crops

Department of Labor and Social Development
Ministry of Labor and social development RF (Ministry of Labor of Russia) is a federal executive body whose tasks include carrying out state policy and implementing

Healthcare management
Protecting people's health is the sphere of public management activity in this area. The Ministry of Health of the Russian Federation (Ministry of Health of Russia) is conducting a state

Sanitary and epidemiological surveillance
In the healthcare sector, there is a special supervisory service represented by the Department of State Sanitary and Epidemiological Surveillance of the Russian Ministry of Health. Basics

Defense Directorate
In this area, relations related to ensuring, first of all, military measures to protect the state, its territory and sovereignty, as well as the population from a possible armed attack

Military service
Defense of the Fatherland is the duty and responsibility of a citizen of the Russian Federation (Article 59 of the Constitution of the Russian Federation). Citizens perform military service in accordance with the Federal Law “On Military Obligation”

Military service in reserve
Military personnel are enrolled in the reserve upon completion of service and reaching the maximum service age (for officers). If they are found unfit for military service according to sos

Security Management
Ensuring the protection of the vital interests of the individual, his rights and freedoms, material and spiritual values ​​of society, as well as the constitutional system, sovereignty and territory

State border of the Russian Federation and its protection
A state border is a line and a vertical surface running along this line that defines the limits of the state territory (land, water, subsoil, airspace)

Internal Affairs Management
Internal affairs in the modern understanding is a system of measures aimed at ensuring public order and public safety in order to protect the rights and freedoms of

Department of Justice
State policy in the field of justice is ensured by the Ministry of Justice of the Russian Federation (Ministry of Justice of Russia). The Ministry of Justice is called upon to legally ensure the rule-making activities of P

Office of Foreign Affairs
In this area, the federal executive body is the Ministry of Foreign Affairs of the Russian Federation (MFA of Russia). It is subordinate directly to the President of the Russian Federation and determines

Decree of the President of the Russian Federation of May 25, 1999
“On the structure of federal executive bodies” (Rossiyskaya Gazeta. 1999. May 29; SZ RF. 1999. No. 22. Art. 2727) Exposition

Government of the Russian Federation
II. Federal ministries: atomic energy; internal affairs; state property; for civil defense, emergency situations and consequences mitigation

The main document establishing the legal status of the company is the Charter (Appendix B), which informs counterparties and other persons entering into relations with the company about the range of its activities, rights and obligations. The Charter determines the organizational and legal form of the enterprise, its name, location, size of the authorized capital, composition and competence of management bodies, the procedure for making or decisions, as well as the categories, par value and number of shares issued.

The total share ownership, constituting the authorized capital, is divided into ordinary shares with a par value of 1000 rubles.

The company operates on the principles of complete self-financing. All activities are carried out at the expense of funds earned by him. The Company independently plans its activities.

2.1 Organizational and production structure and management bodies

The poultry farm includes three departments: first, second and third. The first department specializes in raising sheep and geese. In addition, there is also crop production. The second department is engaged in breeding geese. There is also crop production. The third department performs the functions of the central one. It includes the following workshops: livestock, crop production, mechanization, construction and economics.

The livestock workshop is engaged in the production of poultry products. It consists of two teams and an incubator. The first brigade, in turn, is divided into two groups of workshops. One houses the main flock (laying hens over 150 days old), the other raises young animals. The second brigade, like the first, is divided into two groups of workshops. One contains laying ducks (parent flock). In another group, young ducks are raised. The main task of the incubator is to obtain the maximum number of chicks. Here they are kept for 24 hours, and then sent to workshops and sold to the population.

The highest management body of the CJSC is the general meeting of shareholders, which elects the Council of Shareholders and the General Director. Council members are elected for two years. All decisions of the Council are made by a simple majority of votes. The executive body of the CJSC is the Board, which organizes the implementation of decisions of the general meeting. The general director manages current activities. He is also the Chairman of the Board of Shareholders. The control body of the CJSC is the Audit Commission, which exercises control over financial and economic activities.

The management staff of CJSC Poultry State Farm Rodina includes the director, chief agronomist, chief livestock specialist, chief engineer, head of MTM, department managers, and foremen.

Chief Engineer:

Leads everyone technical services enterprises, systematically improve equipment and production technology;

Ensures the production of competitive products; -ensures increased production efficiency, increased labor productivity, analyzes information on scientific and technical achievements

Within the limits of his competence, acts on behalf of the enterprise; - checks and directs the activities of all structural divisions in the field of technical preparation of production;

Bears responsibility for the quality and timeliness of fulfillment of assigned duties;

Manages the development of long-term development plans for the enterprise;

Manages the activities of the technical services of the enterprise, monitors the results of their work, the state of labor and production discipline in subordinate departments.

Chief Accountant:

Ensures the implementation of economic analysis of the economic and financial activities of the enterprise;

Monitors compliance with established rules for processing the acceptance and release of inventory items;

Monitors the correct expenditure of the wage fund;

Monitors compliance with regular financial and cash discipline.

The chief agronomist controls the implementation of plans and obligations in the crop production industry. Controls the rational use of land, seeds, fertilizers, herbicides, and labor resources. Carries out work on planning and development of the industry. The agronomist provides technological and organizational management of field cultivation. He is obliged to participate in the development of plans, technological maps, self-supporting tasks, organize the execution of work in accordance with established technology and operational plans, and monitor their quality.

The chief livestock specialist carries out and ensures the development and implementation of zootechnical measures aimed at increasing productivity, improving the use of poultry and feed. The chief livestock specialist ensures the safety of feed, draws up a daily routine, feeding rations and feed balances, checks and signs documents on the movement of birds and feed consumption.

Team leaders organize the execution of work in accordance with work plans, production technology and standards for the consumption of material resources; ensure compliance by team members with labor and production discipline.

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ORGANIZATIONAL AND LEGAL FRAMEWORK OF ENTERPRISE OPERATIONS

Module 1. Property rights and forms of ownership

The Civil Code of the Russian Federation establishes 6 real rights:

Ownership

The right to lifelong inheritable ownership of a land plot

The right to permanent (indefinite) use of land

Easement (right to limited use of real estate)

The right to economic management of property

The right to operational property management

The listed property rights, like molecules from atoms, are composed of several elementary rights

There are three such elementary rights:

(Article 209 of the Civil Code, paragraph 1)

What is the essence of these rights?

Right to use property -

this is the right to conduct with the help of this property

economic activity.

The right of ownership is the right to protect property from the actions of others.

The right of disposal is the right to sell, transfer (for example, for rent), donate, pledge (for example, in a bank).

1. Ownership.

The only complete combination of the three elementary rights is ownership. All other property rights arise as a result of the owner transferring part of his rights to property to other economic entities. This can be seen even from the names of some derivative real rights.

The owner has the right to take any action in relation to his property without violating the legal rights and interests of other persons. The owner also assumes the responsibility for maintaining the property and bears the risk of its damage or destruction, but he can assign them under the contract to another person.

The Civil Code of the Russian Federation establishes three initial forms of ownership: private, state and municipal. The form of ownership is determined by the legal status of the owner. Any combination of these forms that arises when a legal entity is created by founders with different legal status is called a mixed form of ownership.

The relationship between the status of owners and forms of ownership

2. The right to lifelong inheritable ownership of a land plot.

The subject of this right is only the farmer (the head of the peasant farm), who after death can bequeath his right heirs.

· Rights possessions And use transmitted in full, without restrictions.

· Law orders land is transferred in a limited form - you can only rent out a plot of land without the consent of the owner, but you cannot sell, donate, or even mortgage.

3. The right to permanent (indefinite) use of the land plot.

The subjects of this right can be individuals and legal entities property entrepreneurship founder right

· Only right possessions transferable in full, without restrictions.

· Rights use And orders land is transferred with restrictions.

The property can only be used for purposes agreed upon with the owner (for example, to build specific object, extract specific minerals). It can only be disposed of by leasing it, but only by agreement with the owner.

4. Easement.

Only the right is transferred use real estate, and for pre-agreed purposes:

To pass or travel to your territory

For laying and operating communications (cable, pipeline, overhead power network, etc.)

In other legitimate interests that cannot be ensured without the establishment of an easement

An easement is established by agreement of the parties. In this case, a written agreement must be drawn up, subject to registration as a real estate transaction. The owner has the right to demand payment for the easement in the agreement. If the parties cannot agree, the matter is resolved in court.

5. The right to manage property

The object of this right is only property that is in state or municipal ownership. The subjects of this right are only unitary enterprises(which have 1 founder)

According to the status of the founder, unitary enterprises are of three types: 1) Federal State Unitary Enterprise (SUE)

2) State Unitary Enterprise of the Republic of Tatarstan (or another subject of the federation)

3) Municipal unitary enterprises (MUP). In Tatarstan, instead of municipal ones, until 2002 there were communal unitary enterprises - as a manifestation of legislative sovereignty.

All three elementary rights are transferred to the state unitary enterprise or municipal unitary enterprise in a limited form.

· Use And possession- in the manner prescribed by the Charter of the State Unitary Enterprise or Municipal Unitary Enterprise

· Order- movable property without agreement with the owner, real estate with agreement with the owner

State unitary enterprises and municipal unitary enterprises are commercial organizations, i.e. must make a profit. However, the strong interference of administrative state or municipal bodies in the activities of enterprises makes them, as a rule, unprofitable. As a result, they are often financed from the budgets of territorial administrative entities.

6. The right to operational management of property.

The object of this right is only property that is in federal state ownership. The subjects of this right are only state-owned enterprises (KP) and institutions.

All three elementary rights are also transferred in a limited form.

· Use And possession- in the manner prescribed by the Charter of the Communist Party and the state order, mandatory for execution.

· Order- any property in agreement with the owner (an exception may be made for independent sale of products)

Property rights are important not in themselves, but because they are vested in enterprises of certain organizational and legal forms (OPF).

The relationship between real rights and organizational and legal forms of entrepreneurship

Moving on to the consideration of the organizational and legal forms of enterprises, this term should be distinguished from the term “organizational and economic forms” of entrepreneurship (OEF). The difference is that OPF determine the procedure for the creation and conditions of activity of separate, legally independent enterprises, and OEF determine the procedure for carrying out joint activities of two or more independent enterprises.

There are two types of OPF: with and without the formation of a legal entity (LE).

The Civil Code of the Russian Federation provides for the only possibility of conducting business activities without forming a legal entity. To do this, a citizen of the Russian Federation must obtain the legal status of an individual entrepreneur (IP). Traditionally, the term PE is also used to denote this form, and documents often indicate the dissonant abbreviation PBYUL. This form also includes the head of a farm enterprise (FH).

Entrepreneurial activity with the formation of a legal entity can be carried out in several forms:

Business partnership or company (HTO)

Production cooperative

Unitary enterprise

State-owned enterprise

Each of the organizational and legal forms can be considered from several points of view. Let's consider the procedure for creating an enterprise, the composition and content of constituent documents, the rights and obligations of participants, their property liability, the bodies and procedure for managing the enterprise, the procedure for reorganization and liquidation.

To save space and time, we will dwell in more detail only on that information that does not repeat what was previously said regarding previous OPFs. If there is a match, we will refer to these previous OPFs

Module 2. Organizational and legal forms of entrepreneurship based on full responsibility founders

INDIVIDUAL ENTREPRENEUR (or GFC)

Article 23 of the Civil Code of the Russian Federation states: “A citizen has the right to engage in entrepreneurial activity from the moment of state registration as an individual entrepreneur.” Thus, the constituent document of an individual entrepreneur can conditionally be considered the “Certificate of State Registration”.

Formally, registration is of a notification nature; refusal to register can only be associated with incorrect execution of documents.

The contents of the “Certificate” are quite brief and fit on one sheet: date of issue, registration number, full name, address (registration) and declared types of business activity.

The place of registration changed periodically. At first, this procedure was left to the heads of administrations, then to the State Registration Chamber under the Ministry of Justice of the Republic of Tajikistan, and now the district inspectorates of the Ministry of Taxes and Duties of the Russian Federation are doing this. This is a very profitable occupation - state registration! It’s so addictive that from time to time you have to give the registrars a slap on the wrist.

Property liability of individual entrepreneurs full. This means that he is responsible for his obligations to partners and the state with all his property. If it is impossible to pay the debts, the partners go to court with a claim for bankruptcy of the individual entrepreneur. If an individual entrepreneur is declared bankrupt, the registration of an individual entrepreneur is canceled, the property is described and sold.

Some types of business activities require a license. Licenses in the Republic of Tajikistan are issued, as a rule, by line ministries and departments (committees). To obtain and renew a license, you must obtain a document called certificate of conformity. It certifies compliance of work conditions and product quality with State standards.

The certificate is issued by the territorial body of the State Committee of the Russian Federation for Standardization and Metrology. In the Republic of Tatarstan this is the Center for Standardization and Metrology of the Republic of Tatarstan. The certificate is issued on the basis Certificate of performance excellence assessment or Product quality assessment certificate. The assessment is carried out by a special commission for certification tests.

In general terms, the procedure for certification and licensing is similar for all OPFs , so we will not mention this procedure further.

Majority OPF with creationlegal entity unite under the name “Economic Partnerships and Societies” (HTO). There are five such OPFs: general partnership, limited partnership, limited liability company, additional liability company, joint stock company in two varieties: closed or open.

Everyone has CTO general signs:

These are commercial organizations with share capital divided into shares of the founders.

They are created by the decision of the participants, who conclude an appropriate agreement on this matter.

They are subject to registration and inclusion in the Unified State Register of Legal Entities.

The founders' contributions, products, cash income and property acquired with them belong to the HTO on the right of ownership.

HTOs can be founders of other HTOs and simple partnerships

Inalienable rights of CTO participants:

participate in enterprise management and profit distribution

get acquainted with the documentation and receive any other information about the activities of the enterprise

after liquidation, receive part of the property remaining after paying off creditors

Responsibilities of HTO participants:

make contributions in the amount, form and within the terms provided for by the Constitution. agreement

do not disclose confidential information about the company

However, there is one fundamental difference in the responsibilities of the founders (participants) of Partnerships from Companies:

Comrades carry, and members of Societies don't carry liability for the obligations of the legal entity they created.

(with some exceptions)

Procedure for liquidation of chemical waste products

by decision of the meeting of founders (such a decision can only be made unanimously)

by court decision (for example, when creditors file a bankruptcy claim)

under the conditions provided for in the Memorandum of Association (for example, when at least one partner leaves the partnership).

GENERAL PARTNERSHIP (PT)

It is considered created from the moment of state registration (like all legal entities). Constituent document PT is General partnership agreement. The persons who signed the PT Agreement (among them there may be both individuals and legal entities) are referred to in it as General Partners.

Persons who have signed the PT Agreement can be General Partners in only one PT.

The main components of the content of the Memorandum of Association of PT:

A) Name of the legal entity. The name of a private enterprise must contain the words “General Partnership” followed by the names of all general partners or one partner with the addition of the words “... and company”.

B) Location.

C) The size and composition of the share capital. The contribution can also be intangible assets (knowledge, experience, connections, patents), and their monetary value is given by the partners themselves by mutual agreement.

Everything contributed, as well as products produced and cash income are the property of the partnership

D) The procedure for making and changing shares: at least 50% is paid before registration, the rest within the period specified in the Memorandum of Association, but not more than a year.

E) Responsibility for violating this order: penalties at the rate of 10% per annum of the unpaid deposit amount (it can be done differently, but the penalty must be provided)

E) The procedure for managing affairs and concluding transactions on behalf of PT

The governing body is the general meeting of General Partners. Decisions at this meeting may be made either by general agreement or by majority vote(the Memorandum of Association specifies specific issues that can be resolved using one or another procedure).

Votes can belong either to 1 to each full partner, or in proportion to shares in the share capital.

Deal on behalf Sweat may be

or by all comrades at the same time (signatures of all comrades)

or some who have a written power of attorney signed by all partners.

G) Profit distribution procedure

Profits may be distributed among partners provided

CHA > SK

Here SK is the share capital; NA - net assets; NA = SA - CO

CA - total assets; CO - total liabilities.

Profit is distributed in proportion to shares in the share capital. Another procedure can be established, but no partner can be excluded from sharing in profits or losses. He cannot be released from obligations for the debts of the partnership.

All General Partners are jointly and severally liable for the obligations of the PT with all their property. But if the debts of the enterprise do not exceed the share capital, then they are distributed among the General Partners in proportion to their shares.

H) The procedure for liquidating a PT: it is liquidated on grounds common to all HTOs, as well as in a special case - if after the withdrawal of several Full Partners there is only one participant left.

PARTNERSHIP ON VERE (TnV)

(second name: LIMITED PARTNERSHIP)

We will only note the differences between TnV and PT, since in the basic conditions of activity these two OPFs coincide.

There are two types of participants in TnV:

general partners (with all the rights and obligations specified for PT)

investors (commanders)

Features of participation of investors in the creation and activities of a limited partnership:

o They do not conduct business activities

o They do not sign the Foundation Agreement of TnV, but receive a “Certificate of Participation” indicating the amount of the contribution

o Not mentioned in the name of the partnership and in the Memorandum of Association (the Agreement indicates only the total share of all investors)

o May be investors in other TNV

o Bear the risk of loss only in the amount of their contribution

o Have inalienable rights of participants of the HTO (except for participation in the management of the affairs of the enterprise)

An additional reason for the liquidation of TnV is the exit of all investors. But if the General Partners wish, in this case it is possible to reorganize the TnV into a PT. Reorganization, in contrast to simple liquidation, entails the legal succession of the new legal entity in relations with the partners of the old legal entity and with the state.

Module 3. Organizational and legal forms of entrepreneurship based on limited liability of founders

Let's move on to consider Business Companies. Let us once again note their fundamental difference from Partnerships: Full partners bear, and participants in Societies don't carry liability for the obligations of the legal entity they created (with some exceptions).

LIMITED LIABILITY COMPANY

There are two constituent documents in an LLC:

Memorandum of association(all participants sign it)

LLC Charter(approved by the general meeting and signed by the director)

An LLC can be formed by one person, and if there is only one founder, only the LLC Charter is registered.

The sole founder of an LLC cannot be another entity consisting of one person

The share capital of an LLC is called Authorized Capital. The authorized capital of an LLC cannot be less than 10 times the minimum wage (minimum wage)

Participants who have not paid their deposits in full are liable for the obligations of the LLC to the extent of the unpaid portion of the deposits

The number of participants in an LLC is limited by law (20 people); if this is exceeded, the LLC must be transformed into a JSC

The condition for profit distribution is the same as in Partnerships: NA>UK

If, at the end of the year, the capital is > NA, then the capital must be reduced and the LLC re-registered. All creditors are notified of this and are given the right to collect debts early.

If, at the end of the year, net assets are less than the minimum allowed authorized capital, bankruptcy proceedings must be initiated.

The governing bodies of the LLC have a two-tier structure:

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The exclusive competence of the General Meeting includes:

Change of the Charter and the Criminal Code

Formation and termination of powers of the executive body

Approval of annual reports and balances (including profit distribution)

Reorganization and liquidation

Election audit commission(auditor)

As always, at the general meeting, decisions are made by voting. The Charter determines the method of voting on various issues (simple majority, qualified majority of 2/3, 3/4 or unanimously).

The liquidation of an LLC is carried out on general grounds; it is possible to reorganize the LLC into a joint-stock company or into a production cooperative.

COMPANY WITH ADDITIONAL LIABILITY

The Civil Code of the Russian Federation specifies the only difference between an ALC and an LLC: joint liability for the obligations of the ALC, but not with all the property, but only in a multiple of the amount of the contribution. The frequency is established in the Charter of the ALC.

JOINT STOCK COMPANIES

Let us first consider the general characteristics of all joint stock companies.

General conditions for the creation of Joint Stock Companies: the creation of a joint stock company begins with the conclusion “Agreement on the procedure for joint activities to create a joint stock company”. After signing the Charter of the JSC, this agreement loses its force as fulfilled.

Minimum size authorized capital JSC is equal to 100 minimum wages. Increasing the initially established authorized capital is possible in two ways:

additional issue of shares

increase in the par value of shares

To attract additional funds, the joint-stock company can also issue bonds, but in the amount of no more than one authorized capital and only after it has been fully paid by the shareholders.

The authorized capital of a joint-stock company is divided into shares. There are two types of shares - ordinary (voting) and preferred. The share of preferred shares is no more than 25% of the authorized capital. Owners of preferred shares have rights similar to those of investors in TnV.

The profit distribution condition NA > UK operates as in an LLC. It is clear that with such a requirement it is impossible to increase the capital capital to cover the losses of the enterprise.

JSC management bodies have a two or three-tier structure:

The liquidation of a JSC is carried out on general grounds; it is possible to reorganize the JSC into a limited liability company or into a production cooperative.

Below is a brief summary of the differences between Closed and Open JSC.

6a. CLOSED JOINT STOCK COMPANY

CJSC distributes voting shares only among its founders, and preferred shares among other persons the list of which is known in advance. The maximum number of participants in a closed joint-stock company is 50 persons, otherwise it must be reorganized into an open joint-stock company.

Shareholders of a closed joint stock company have a preemptive right to purchase shares of their enterprise from other shareholders.

6b. PUBLIC CORPORATION

OJSC conducts an open subscription for shares among everyone.

Shareholders of an OJSC have the right to sell (donate, transfer) shares of the enterprise without the consent of other shareholders.

An open joint-stock company is obliged to publish annually in the open press a report on its activities, a property balance sheet and a statement of profits (losses) of the enterprise.

PRODUCTION COOPERATIVE (PC)

PC is a voluntary association of citizens based on membership for joint economic activity. There must be at least 5 citizens; legal entities can also join the cooperative.

The PC does not belong to the HTO, but is a commercial organization with the status of a legal entity.

The activities of the PC are based on the personal labor participation of citizens in the pooling of property shares.

The property of the cooperative consists of shares, but is not called share capital.

Founding document- PC Charter

In addition to what is in the Charters of the Economic Organization, the Charter of the PC defines:

Nature and procedure of labor participation

Responsibility for evading labor participation

Responsibility of members of a cooperative for its debts (as in an ALC)

The controls are two or three link (as in JSC)

Module 4. Organizational and economic forms of doing business

The OPFs discussed earlier determine the operating conditions of individual enterprises.

Organizational and economic forms of entrepreneurship name the forms in which the activities of two or more independent enterprises can be combined

The Civil Code of the Russian Federation legally defines 3 forms of interaction. The first of them does not require the creation of a new legal entity - this is the so-called Simple Partnership.

1. SIMPLE PARTNERSHIP (SRP)

PrT is an association of two or more persons who have combined their property contributions and agreed to act together to make a profit (or for other purposes).

The founding document of the PrT is dsimple partnership clause(another name for this document is a joint activity agreement). The persons who signed the agreement are referred to as Partners. Comrades can only be individual entrepreneurs and/or commercial organizations.

The PrT is considered created from the moment the agreement is signed, and the agreement itself is not subject to state registration. Moreover, it can be installed unspoken joint activities, i.e. the very existence of the PrT is not disclosed to third parties.

Approximate contents of the PrT agreement:

Place, time and purpose of concluding the contract

Obligation of partners to join property and act together

The procedure for making and implementing joint decisions

Transfer of property contributions of comrades and their monetary valuation

The contribution can be intangible assets (knowledge, experience, connections, patents), and the assessment is given by the comrades themselves by mutual agreement. Everything contributed, as well as the products produced and cash income are the common shared property of the partnership.

Expenses and profits are distributed in proportion to the contributed shares. No one can be exempted from expenses or from sharing in profits. Partners bear joint liability for the obligations of the partnership with all their property.

The governing body of the PrT is the general meeting of comrades. A PRT can be liquidated under two circumstances:

· if the validity period of the contract has expired (but the contract can also be indefinite at the request of the partners);

· if one of the comrades demanded to leave, or became incapacitated.

2. ASSOCIATION (or UNION)

An association is a non-profit organization with the status of a legal entity, created to coordinate business activities and protect common property interests.

The association is created by the voluntary consent of enterprises, which retain their full economic independence and can freely leave the association (at the end of the financial year)

The Association does not have the right to receive business income, therefore the activities of the Association are financed by its members in the manner and in the amounts established by the Foundation Agreement and the Charter of the Association.

The association can act as the founder of a new business company and through it carry out income-generating activities. The association provides services to its members free of charge.

In international practice, those close to the association in terms of the nature of their activities are:

Syndicate is an association of enterprises for the sale of homogeneous

A cartel of products on agreed terms, including at agreed prices (price collusion). The cartel also provides for the division of market quotas.

A consortium is an association of legally independent enterprises to make large investments in any inter-industry project. In Russia, a form close to a consortium is financial-industrial groups (FIGs)

FIG is an association of industrial and commercial enterprises with banks and insurance companies to concentrate material resources, finance and intellectual potential. In a financial industrial group, cross-participation in the share capital of enterprises and organizations included in the group is possible

3. MAIN, SUBSIDIARIES AND DEPENDENT COMPANIES

Combining the activities of several enterprises can occur by creating a system of subsidiaries and dependent companies(LLC, ODO, JSC).

Society is recognized subsidiaries, if another (main) HTO has the opportunity to determine the economic decisions it makes. The basis for this may be a dominant share in the capital of the subsidiary or a specially concluded agreement under which the subsidiary undertakes to carry out the instructions of the main enterprise.

XO admits dependent, if another (main) HTO owns more than 20% of the authorized capital of the LLC or the voting shares of the JSC.

In international practice, such forms of combining activities are concerns and holdings. Concern - diversified, and the holding - narrow-industry a joint-stock company that controls legally independent enterprises through controlling stakes in their shares.

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