Commercial organizations

Non-profit organizations

Business partnerships and societies

Production cooperative (artel)

State and municipal unitary enterprises

Consumer cooperative (union, partnership)

Economic partnerships (HT)

Economic societies (ES)

On the right of economic management

HT on faith (limited partnership)

With the right of operational management (federal state enterprise)

HO limited liability company

Joint-Stock Company

HO with additional responsibility

Public and religious organizations (associations)

Associations of legal entities

Open JSC

Closed JSC

Rice. 1.1. Organizational and legal forms of legal entities (Sklyarenko V.K., Prudnikov V.M., Akulenko N.B., Kucherenko A.I. Enterprise Economics (in diagrams, tables, calculations): Textbook. M., 2002. P.8.)

According to their organizational and legal form, legal entities that are commercial organizations in accordance with the Civil Code of the Russian Federation can be classified as follows:

business partnerships – general partnership, limited partnership (limited partnership);

business companies – limited liability companies, additional liability companies, joint stock companies (open and closed types);

state and municipal unitary enterprises – based on the right of economic management and operational management;

production cooperatives (artels).

The classification of enterprises as legal entities depending on the goals of economic activity and organizational and legal form is presented in Fig. 1.1 (for more details, see Chapter 4 of the Civil Code of the Russian Federation).

In the world market economy, other associations of entrepreneurs (organizational and economic forms) are created and operate:

1) associations - associations, unions of persons, organizations established by the state;

2) corporations - joint-stock associations of several companies in order to achieve their common goal and protect privileges;

3) trusts - associations of enterprises (a form of monopoly) without the right of legal entity and financial independence, subordinate to a single management;

4) syndicates - associations of entrepreneurs (one of the forms of monopoly) and all commercial activities (prices, sales of products) while maintaining the legal independence of all enterprises included in it;

5) cartels - associations of firms, companies for joint activities while maintaining a legal entity and production independence;

6) concerns - associations of industrial and commercial enterprises subordinate to centralized financial control and management;

7) consortia - associations operating on the basis of a temporary agreement between banks and industrial enterprises for the placement of loans, financial, commercial transactions, investments, etc.;

8) conglomerates - associations of enterprises belonging to various sectors of the economy and not related to direct production cooperation;

9) holding companies - associations that have control over other companies through ownership of their shares and cash capital or the right to appoint directors of controlled companies.

The economic basis of market relations in Russia is property, the forms of which are equally protected by state legislation.

The creation of enterprises is based on the principles defined by law (regardless of the form of ownership) and goes through several stages:

the emergence of an idea to create a new enterprise;

identifying opportunities for using new technologies, equipment and communications;

study of the market, volume of demand, etc.;

selection of suppliers of raw materials and other production factors;

selection of co-founders;

determination of financial opportunities, sources and financial justification;

carrying out organizational events to create enterprises depending on the form of ownership;

state registration, production of seals, stamps, registration with the state tax service and etc.

In accordance with the Regulations on State Registration of Business Entities, registration is carried out by local authorities. Refusal of registration is possible only if violations of existing laws are detected.

The drawn up state registration act is valid for 30 days from the date of issuance of the temporary certificate.

To subsequently register the status of a legal entity, you must:

1) obtaining codes OKPO (all-Russian classifier of enterprises and organizations) and OKONH (all-Russian classifier of organizations by type of activity) from state statistics bodies;

2) registration with the tax office;

3) a certificate from the Ministry of Finance of the Russian Federation confirming that the enterprise is included in the state register;

4) opening a current account in a bank and depositing 50% of the authorized capital into this account;

obtaining permission from the police to make seals and stamps;

print order.

Upon fulfillment of these requirements and the expiration of 30 days, having passed the temporary certificate, the entrepreneur, having received a permanent certificate as an economic entity, acquires legal independence and legal capacity.

Thus, education (institution) can occur through:

– establishment of a new enterprise (co-foundation), i.e. independent formation of the authorized capital or contribution by co-founders of certain shares, contributions to the authorized capital of the established enterprise;

– entry into the field of entrepreneurship;

– buyout of a partner’s share;

– entry into the field of entrepreneurship through inheritance.

All these forms of foundation are included in entrepreneurial activities provided for by the legislation of the Russian Federation.

The founders can be:

state and municipal local governments;

capable citizens, individual entrepreneurs;

legal entities;

business companies (state and municipal) when creating subsidiaries;

Foreign citizens;

voluntary associations of citizens (based on personal labor participation and share contributions);

funds of business companies for the implementation entrepreneurial activity.

The number of founders is not limited by law, except for closed joint stock company.

The size of the authorized capital (fund) of an enterprise is regulated by the Civil Code of the Russian Federation and laws on individual organizational and legal forms in civil circulation.

Constituent documents include:

– charter of the enterprise (for any form of ownership);

– founders’ agreement (if there are two or more founders);

– application of the founder or person authorized to carry out state registration.

At the meeting of founders the following issues are considered:

– about the organization and company name of the enterprise;

– on the adoption of the charter;

- about the choice of director.

With the transition of the Russian economy to market relations and the inclusion of the country in the world system of foreign economic relations, foreign investors flocked to Russia. New markets, cheap labor, and the presence of favorable natural resources (especially oil and gas, forestry, metallurgy, etc.) attract the possibility of obtaining super-profits.

In the Russian Federation, enterprises with foreign investment, independent or joint, are created in the form of:

– enterprises with equity participation of foreign investments (joint) subsidiaries and branches;

enterprises wholly owned by foreign investors;

– branches of foreign legal entities.

Objects of investment investments can be:

– newly created and modernized fixed assets in economic sectors;

– securities, targeted cash deposits, scientific and technical products, rights to intellectual property, property rights.

The procedure for liquidating an enterprise is determined by Art. 63 of the Civil Code of the Russian Federation. Liquidation (termination of enterprise activity) is carried out by the liquidation commission under the following circumstances:

– the decision of its founders or the expiration of the legal entity;

– merger of enterprises into larger ones with a single centralized management system;

– joining through production and technological cooperation;

– division into a number of independent economic or legal entities;

– separation from a number of merged ones into an independent or parent enterprise;

– transformation into another organizational legal form with the consent of the workforce.

Liquidation by court decision is possible in the following cases:

– insolvency of the enterprise;

– engaging in activities prohibited by law;

– bankruptcy and business insolvency arising from a court decision declaring this collapse, placing full blame for errors or illegal actions on the insolvent debtor.

Liquidation is considered completed after making an entry in the Unified State Register of Legal Entities, and the enterprise is considered liquidated as a legal entity.

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.

Common shared ownership, comprising Authorized capital, divided into ordinary shares with a par value of 1,000 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 audit committee 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:

Manages all technical services of the enterprise, systematically improves 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.

A legal entity is recognized as an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can, in its own name, acquire and exercise property and personal non-property rights, bear responsibilities, and be a plaintiff and defendant in court.

Legal entities must have an independent balance sheet and can be commercial or non-commercial:

• · commercial companies have profit as the main goal of their activities;
• · non-profits do not aim to make a profit and do not distribute the profits between participants.

Legal entities that are commercial organizations can be created in the form of business partnerships and societies, production cooperatives, state and municipal unitary enterprises.

Legal entities that are non-profit organizations can be created in the form of consumer cooperatives, public or religious organizations (associations), owner-financed institutions, charitable and other funds, as well as in other forms provided by law

A legal entity must be registered in the unified state register of legal entities in one of the organizational and legal forms provided for by this Code.

After state registration, the enterprise is recognized as a legal entity and can participate in economic turnover.

In a market economy, the most common participants in entrepreneurial activity and property relations are business partnerships and business societies.

In accordance with the Civil Code of the Russian Federation, partnerships act as associations of persons. This means that members of the company must participate in its activities, therefore, they can be participants in only one partnership. Business partnerships can be created in the form of a general partnership and limited partnership.

Societies exist only as associations of capital, so their members can simultaneously participate in several different societies. At the same time, both individuals and legal entities can participate in societies and partnerships.

In modern Russian economy Registration in the form of business entities is more common. Companies are a business organization associated with the limitation or exclusion of the liability of their participants for the debts of the company. Members of the company are not obliged to participate in its activities, therefore special bodies of the company are formed and the entire management structure is reflected in the charter of the company. The supreme body is the general meeting of the company's participants. Currently, three types of business companies can be created.

Limited liability company (LLC) is a company established by one or more persons, the authorized capital of which is divided into shares of sizes determined by the constituent documents; Participants in a limited liability company 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 a limited liability company is made up of the value of the contributions of its participants. This organizational and legal form is common among small and medium-sized enterprises. The corporate name of a limited liability company must contain the name of the company and the words “limited liability”. The number of participants in a limited liability company should not exceed fifty. Otherwise, it is subject to transformation into a joint-stock company within a year, and upon expiration of this period - liquidation in court, if the number of its participants does not decrease to established by law limit. The LLC operates on the basis of the memorandum of association and articles of association.

An additional liability company (ALS) is a company established by one or more persons, the authorized capital of which is divided into shares of sizes determined by the constituent documents. The participants of such a company jointly and severally bear subsidiary liability for its obligations with their property in the same multiple of the value of their contributions, determined by the constituent documents of the company. In the event of bankruptcy of one of the participants, his liability for the obligations of the company is distributed among the remaining participants in proportion to their contributions, unless a different procedure for the distribution of liability is provided for by the constituent documents of the company. The name of an ALC must contain the phrase “additional liability company.”

A joint stock company (JSC) is a company whose authorized capital is divided into a certain number of shares. Participants in a joint stock company (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the limits of the value of the shares they own. Shareholders who have not fully paid for the shares bear joint liability for the obligations of the joint stock company to the extent of the unpaid portion of the value of the shares they own. The constituent documents of the joint-stock company are the charter and the “establishment agreement”. A JSC can be open or closed, which is reflected in its charter and corporate name.

An open joint-stock company (OJSC) is a company whose participants can alienate their shares without the consent of other shareholders. Such a joint stock company has the right to carry out an open subscription for the shares it issues and their free sale under the conditions established by law and other legal acts. An open joint-stock company is obliged to annually publish an annual report for public information, balance sheet, profit and loss account.

Closed Joint Stock Company (CJSC) is a company whose shares are distributed only among its founders or other predetermined circle of persons. Such a company does not have the right to conduct an open subscription for the shares it issues or otherwise offer them for acquisition to an unlimited number of persons. Shareholders of a closed joint stock company have a pre-emptive right to purchase shares sold by other shareholders of this company.

The constituent document of a joint stock company is its charter. The authorized capital of a joint-stock company is made up of the par value of the shares of this joint-stock company that were acquired by the shareholders. The highest governing body of a joint stock company is the general meeting of shareholders. The meeting of shareholders may appoint a board of directors with its chairman in the event that total number shareholders exceed 50 people.

Any enterprise is established by its owners to achieve certain goals and solve certain problems - this is recorded in constituent documents. When choosing types of activities (production, work, provision of services), entrepreneurs proceed from their goals and objectives and are guided by the following factors:

• 1) profitability on invested capital or sales volume (a commercial organization may have the goal of obtaining and maximizing profit);
• 2) legislative foundations of business - types of activities must be permitted for production by any enterprise;
• 3) the availability or ease of obtaining permits for these types of activities;
• 4) the availability and accessibility of resources and means for the production of products, works, services (raw materials, raw materials, machinery, equipment, technologies, skilled labor, land plots or land use rights, opportunities for quick acquisition);
• 5) benefits and guarantees in a given field of activity and in a given territory (support from the state and regional authorities, tax-free zones);
• 6) the capacity of the consumer market (the presence of demand for these goods, its magnitude and durability);
• 7) insignificant commercial risk, its minimization;
• 8) the presence of a developed business infrastructure;
• 9) mentality or preferences of the founders.

Certain types of activities can be carried out only by state enterprises or only on the basis of a special permit - license. License - a special permit to carry out a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by a licensing authority to a legal entity or individual entrepreneur. Licensed types of activities include types of activities, the implementation of which may entail damage to the rights, legitimate interests, health of citizens, defense and security of the state, and the cultural heritage of peoples Russian Federation and which cannot be regulated by methods other than licensing. The validity period of the license cannot be less than five years. The validity period of the license upon its expiration may be extended at the request of the licensee. Extension of the validity period of a license is carried out by re-issuing a document confirming the availability of a license. Provisions on licensing of specific types of activities may provide for an unlimited validity of the license. Certain types of activities, the list of which is determined by law, entity can only practice on the basis of a license. Construction products and construction activities themselves are associated with supporting human life. If construction is carried out from low-quality or environmentally harmful materials, then its results can have a destructive effect on both humans and the environment. Therefore, almost all types of construction activities are subject to licensing, that is, they must have a special permit to carry them out.

In the Russian Federation, construction activities are licensed. It is one of the instruments of state regulation of investment and construction activities. To obtain a license for construction activities, an organization (licensee) must submit the following documents to the licensing authority:

1) an application for a license indicating the legal details, the type of construction activity, special conditions for the implementation of the licensed type of construction activity, the validity period of the license;

a copy of the constituent documents;

a copy of the certificate of state registration of a legal entity;

a document confirming payment for consideration of an application for a license;

a certificate from the tax authority regarding registration;

information on the qualifications of specialists and workers;

information about the regulatory and technical base;

information about the work quality control system;

information about the organization of labor and environmental protection natural environment, on the conditions for compliance with fire safety;

certificate from the insurance company regarding construction risk insurance;

The decision to issue a license is made within 30 days from the date of receipt of all necessary documents. The license is issued for a period of less than three years (at the request of the applicant, the period can be reduced), drawn up on a standard form, signed by the head of the licensing authority and certified by the seal of this authority. The basis for refusal to issue a license may be the presence in the documents submitted by the applicant of unreliable, false or distorted information and a negative expert opinion.

Next, we will consider the possibilities, causes and signs of bankruptcy of a legal entity. Bankrupt (German: Bankrott - insolvent) is an insolvent debtor unable to satisfy the demands of his creditors. Bankruptcy does not arise from losses in the activities of the enterprise, but from a lack of payment (i.e., working) funds. Any commercial organization, as well as a consumer cooperative and a charitable or other foundation, can be declared bankrupt. Bankruptcy issues are regulated federal law"On insolvency (bankruptcy)". The decision to declare bankruptcy can be made by the court or the legal entity itself together with its creditors. The law states following signs bankruptcy:

citizen is considered unable to satisfy the claims of creditors for monetary obligations and (or) fulfill the obligation to make obligatory payments if the corresponding obligations and (or) obligations are not fulfilled by him within three months from the date of their fulfillment and if the amount of his obligations exceeds the value of his property .

legal a person is considered unable to satisfy the claims of creditors for monetary obligations and (or) fulfill the obligation to make mandatory payments if the corresponding obligations and (or) obligations are not fulfilled by him within three months from the date of their fulfillment.

There are the following types of bankruptcy:

• 1) depending on who goes to court - voluntary and forced;
• 2) depending on the reasons that caused this condition - ordinary, fictitious (voluntary appeal to the arbitration court if there is sufficient property to pay off debts) and intentional (due to the fault of the founders, managers, competitors, partners and other persons).

When considering a bankruptcy case of a debtor - a legal entity, the following bankruptcy procedures are applied:

observation;

external management;

bankruptcy proceedings;

settlement agreement;

other bankruptcy procedures provided for by this Federal Law. When considering a bankruptcy case of a debtor-citizen, the following bankruptcy procedures are applied:

bankruptcy proceedings;

settlement agreement;

other bankruptcy procedures provided for by law. There are many reasons for bankruptcy. If we do not consider fictitious bankruptcies, the reasons may be: competition, high taxes, unreasonable expansion of the business, rising costs of resources, unscrupulous partners, their bankruptcy, unqualified enterprise management, etc. Entrepreneurs must adhere to certain rules in order to reduce the likelihood of insolvency for themselves:

establish economic relations for the purchase and sale of products within a certain region;

create regional associations and associations;

use a system of futures transactions for the supply of materials;

check the reliability and solvency of partners when concluding transactions;

take into account possible changes in prices for materials in contracts when justifying the contract price;

create multi-industry enterprises by diversifying production;

carry out marketing research, develop a strategy for the enterprise’s behavior in the market

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.

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

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, the guilt of a given 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 the general system of 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 and city executive bodies of the local government system. 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.).

End of work -

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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 legal regulation in the field 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 are understood as external forms of expression 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
On 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 the constituent entities of the Russian Federation form unified system 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
The concept of civil service is closely related to 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 wants to realize his constitutional law 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 state- management activities, the natural question is about the ways and techniques of its implementation.

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 social work- belief

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, giving 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. General object 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 exercised in various types of actions 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 - act official recognition 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 the application to persons who have committed an offense in the form of a disciplinary offense, provided for by the rules of law of 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, is manifested 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). Legal basis 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 us illustrate with specific examples the 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 playing vital role in meeting the transportation needs of the country, the sectoral public administration system, 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
Now management functions in the field of use of natural resources have been allocated, 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 the Protection of Natural Resources. environment(State Committee for Ecology 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
Scientific organization– a legal entity, regardless of its organizational and legal form and form of ownership, as well as public association scientific workers performing as

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 citizens.

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 formation of new enterprises and the expansion of existing ones are determined by the following factors:

 presence of unsatisfied demand for some products (works, services);

 availability of resources necessary to organize the production of these products;

 level of development of science, technology and technology in the relevant product market (in the relevant industry).

The determining factor is the presence of demand for the product. If the enterprise’s products are not in demand, then they will remain unsold, and the costs of their production will remain unpaid, i.e. the enterprise will not make a profit and will not be able to return the invested capital and will go bankrupt.

Any organization (enterprise) is created through establishment. The process of establishing both a commercial and non-profit organization is as follows:

firstly, the owner (owners, founders) decides to create an organization (enterprise). In addition, an enterprise may be created as a result of the forced division of another enterprise in accordance with the current antimonopoly legislation of the Russian Federation;

secondly, the constituent documents provided for by the Civil Code of the Russian Federation are developed for the corresponding organizational and legal form of a legal entity (charter, decision on creation or agreement of founders, general position about the organization);

thirdly, state registration is carried out.

An enterprise (legal entity) operates on the basis of a charter or constituent agreement. The constituent agreement of a legal entity is concluded, and the charter is approved by its founders (participants)

Constituent documents are developed by the owners (founders) themselves, who for these purposes can engage consulting law firms or individual specialists on a contractual basis.

The constituent documents of a legal entity must contain mandatory information: name of the legal entity (reflecting the organizational and legal form); its location (legal address, telephone, etc.); the procedure for managing the organization's activities; subject and goals of activity; other information provided by law for the relevant type and legal form of legal entity.

The procedure for state registration of business entities is determined by federal law. To register an enterprise, its founders personally or by mail submit certain documents to the registration authority (registration chamber).

In accordance with the legislation of the Russian Federation, a legal entity or individual, registered as a business entity (firm), can carry out any type of activity (one or more) provided for by its charter and not prohibited by law.

Certain types of activities can be carried out only by state enterprises (stipulated by special laws - production of weapons, drugs, precious metals, orders, medals, etc.) or (including construction activities) only on the basis of a special permit - license. License – a permit, the right to carry out a licensed type of activity subject to mandatory compliance with licensing requirements and conditions, issued by a licensing authority to a legal entity or individual entrepreneur. In accordance with the Law “On Licensing of Certain Types of Activities,” licensed activities include those types of activities, the implementation of which may entail damage to the rights, legitimate interests, morality and health of citizens, the defense of the country and the security of the state, and the regulation of which cannot be carried out by methods other than like licensing.

Organization (enterprise) independently plans its activities and determines development prospects based on the demand for manufactured products and on the basis of agreements, contracts and agreements concluded with consumers (customers), co-executors (subcontractors) and suppliers of material and technical resources.

Prices and tariffs the organization establishes for products and services independently or on a contractual basis. In some cases, provided for by the legislation of the Russian Federation, negotiated prices are established, in particular, for construction and installation works. The state regulates prices and tariffs for products (services) of monopolistic enterprises.

Financial resources organizations are formed due to:

 profit;

 depreciation charges;

 funds from the sale of securities (shares, bonds);

 share and other contributions of their participants, members of the workforce, citizens, other organizations and enterprises;

 loans and other legal income.

An organization as a legal entity has the right to open settlement and other accounts in any commercial bank . She is responsible for compliance loan agreements and settlement discipline and, if it does not fulfill its payment obligations, it may be declared insolvent (bankrupt) - in accordance with the bankruptcy law.

The enterprise has the right to independently carry out foreign economic activity . All currency relations with the state are regulated by laws. Foreign exchange profits after paying taxes to the budgets (federal and local) are used by the organization independently.

Relationship between the company and employees regulated labor code RF and are built on the basis of collective and employment contracts. The company establishes the forms, systems and amount of remuneration for workers and their other income independently, but at the same time must ensure the minimum wage established by federal law.

Any organization is obliged to conduct accounting and statistical reporting and, in accordance with the Civil Code of the Russian Federation, publish data on its activities. For distortion of reporting, officials of the organization bear administrative, material and criminal liability. Government bodies(tax, antimonopoly, environmental, etc.) can periodically check the activities of enterprises.

Organizations are held liable for violation of their obligations and rules of business activity.