Business partnerships are one of the oldest forms of business organization, rooted in family business. As the public relations family members were replaced by other participants in the common cause - comrades. Later, comradely associations were supplemented by contributors who received a certain percentage for their contributions.

The concept of a business partnership

The legislation does not contain a specific definition of the term "economic partnership", but it contains a joint definition business partnerships and societies. A business partnership is a corporate commercial organization with an authorized (share) capital divided into shares (contributions) of founders (participants).

(The use of the expression "commercial business partnerships" is redundant, since any business partnership is commercial "by definition").

Legal entities that are non-profit organizations, can be created in the organizational and legal forms of associations of property owners, which include, among other things, associations of homeowners.

Economic partnerships and companies, production cooperatives, peasant (farm) enterprises, economic partnerships, state and municipal unitary enterprises─ these are different organizational and legal forms in which legal entities that are commercial organizations can be created.

The property of economic partnerships, created at the expense of the contributions of the founders (participants), as well as produced and acquired in the course of activity, belongs to economic partnerships on the basis of ownership.

INTERREGIONAL ACADEMY OF HR MANAGEMENT

(MAUP)

INSTITUTE OF INTERNATIONAL ECONOMY AND FINANCE

(IMEF)

Group index E-10-06-BMR (2.3)

Surname, name, patronymic of the student

Ivantsova Natalya Pavlovna

Home address Belaya Tserkov

st. Levanevskogo d. 18, apt. 155

Name of organization, position

Zaliznichnaya branch of Prominvestbank

in Kyiv, st. economist

TEST

in the discipline "Economic Law"

option 2

Kyiv 2007

1. Legal regulation activities of business partnerships

2. Test

3. Test

4. List of used literature

Issue 1. Legal regulation of the activities of business partnerships

Relations in the sphere of economic management are regulated by the Constitution of Ukraine (254k/96-VR), this Code, laws of Ukraine, regulations of the President of Ukraine and the Cabinet of Ministers of Ukraine, regulations of other state authorities and bodies local government, as well as other regulations.

FEATURES OF LEGAL REGULATION IN CERTAIN FIELDS OF ECONOMY

AREAS AND TYPES OF ECONOMIC ACTIVITIES

1. Features of the legal regulation of economic relations are determined depending on the area social production in which these relations are formed, the features of the area of ​​management, the type of economic activity, economic form the result of economic activity, spacious, on which economic relations are formed (internal or foreign market), features of subjects between which there are economic relations.

2. Legal regulation of economic relations is carried out taking into account the social division of labor that has developed and objectively existing areas National economy.

3. Features of the legal regulation of foreign economic relations are determined by Section VII of this Code.

1. The type of economic activity takes place in the case of combining resources (equipment, technological means, raw materials and materials, labor) to create the production of certain products or the provision of services. An individual activity may consist of a single, simple process, or it may cover a number of processes, any of which fall within the relevant category of the classification.

2. In the legal regulation of economic activity and in the implementation government controlled the national economy should take into account the peculiarities of the implementation of economic entities certain types this activity.

3. To assign a business entity to the relevant category of accounting, the main, secondary and auxiliary types of economic activity are determined.

4. In order to provide the system of state management of the national economy with accounting and statistical information that satisfies the needs of participants in economic relations in objective data on the state and trends of socio-economic development, economic and financial relationships at the interstate, state, regional and sectoral levels, as well as the introduction international standards in the field of accounting and reporting and the transition to international system Accounting and Statistics The Cabinet of Ministers of Ukraine approves measures to develop the national statistics of Ukraine and the state system of classification of technical, economic and social information.

5. An integral part of the state system of classification and coding of technical, economic and social information is the classification of species economic activity(KVED), which is approved by the central executive authority for standardization and has the status state standard.

6. The objects of classification in KVED are all types of economic (economic) activities of entities.

1. The set of all production units that carry out predominantly the same or similar activities production activities, constitutes an area.

2. The general classification of areas of the national economy is integral part unified system classification and coding of technical, economic and statistical information that is used by business entities and other participants in economic relations, as well as state authorities and local governments in the process of managing economic activities.

3. Requirements for the classification of areas of the national economy are established by law.

1. The sphere of material production includes areas that are determined by the types of activities that create, restore or find material goods (products, energy, natural resources), and also continue production in the sphere of circulation (realization) by moving, preserving, sorting, packaging products or other activities.

2. All other types of activity in their totality constitute the sphere of non-material production (non-productive sphere).

1. Material and technical supply and marketing of industrial and technical products and consumer goods as own production, and acquired from other business entities, are carried out by business entities by delivery, and in the cases provided for by this Code, also on the basis of sales contracts.

2. Legislation may provide for the specifics of the supply of certain types of products for industrial purposes or consumer goods, as well as a special procedure for the supply of products for state needs.

3. The main requirements for the conclusion and execution of supply contracts are established by this Code and other legislative acts.

1. Under the supply contract, one party - the supplier undertakes to transfer (deliver) the goods (goods) to the second party - the buyer within the stipulated time (term), and the buyer undertakes to accept the specified goods (goods) and pay a certain amount of money for it.

2. The supply contract is concluded at the discretion of the parties or according to the state order.

3. The parties to the supply agreement may be business entities specified in paragraphs 1, 2 of the second part of Article 55 of this Code.

A partnership is formed by share capital, which is divided into shares. So economic partnerships operate on the basis of only the constituent document, where the division into shares is fixed.

In a business partnership, the occurrence of memorandum of association, since the system of governing bodies is simple, since the creation of special control and executive bodies is not necessary.

So in a full partnership, the founding document is the memorandum of association.

Entrepreneurial activities of general partnerships have the right to conduct on behalf of the partnership, that is, to be its body.

Accordingly, other bodies of the partnership may be indicated in the memorandum of association.

• - Firstly, business activities can be carried out jointly. Since the conclusion of any transaction requires a unanimous decision of all comrades.
• - secondly, the very conduct of entrepreneurial activity can be entrusted to a certain comrade. Since the rest will have the right to conclude a transaction only if there is a power of attorney from authorized comrades. At the same time, it should be noted that such a power of attorney can only be issued to contributors (in a limited partnership) or general partners, and not to third parties.

A general partnership has the right to conduct any entrepreneurial activity on the very name of the partnership, then, accordingly, the partner must have the status of an individual entrepreneur, that is, an individual must be a legal entity of a commercial type or an individual entrepreneur.

IN founding document are defined:

• - information about the content of the company name and the location of the place of partnership;
• - the procedure and conditions for the distribution of profits and losses between the participants;
• - activities of the partnership management procedure;
• - the procedure for the very procedure for the withdrawal of founders from its composition;
• - conditions on the composition and amount of share capital;
• - the procedure and amount of change of each of the participants in the shares in the share capital;
• - the term, size, composition and procedure for making contributions;
• - liability of participants for violation of obligations to make contributions.

A limited partnership operates and is created on the basis of a founding agreement.

In a limited partnership, investors can be any entities to whom this is not prohibited by law. Paragraph 6 of Article 66 of the Civil Code Russian Federation establishes a ban on state bodies and bodies of local local self-government, which are not entitled to participate on their own behalf in economic partnerships. The peculiarity of the legal status of limited partners is that:

• - firstly, they do not participate in the activities of the partnership and are not liable for its obligations;
• - secondly, participation in their partnership may not be disclosed.

Thus, the memorandum of association specifies:

• - information containing the location and company name of the partnership;
• - conditions of the share capital the size and composition of the partnership;
• - the amount and procedure for changing each of the general partners' shares in the share capital;
• - the procedure, size, composition, term for making their contributions;
• - liability for violation of obligations to make deposits;
• - Contributed by the contributor total amount of the contribution.

Thus, the participation of the subject is allowed anonymously as limited partners on faith.

Accordingly, in a full partnership, the constituent agreement is signed by all its participants, and in a limited partnership by all full partnerships.

Legal regulation of activities business companies- this is a set of legal norms that regulate legal relations that arise in the course of the activities of business entities. In the legal regulation of the activities of business entities, four groups can be distinguished legal regulations:

· a system of legal norms regulating the methods of operation of enterprises (internal organizational and economic activities) and the processes of their organization (creation, reorganization, liquidation);

a system of legal norms governing legal relations in the processes of production and state activities: in the creation of products and technologies, in the development of production, in the manufacture of products and the provision of services, in marketing activities;

· a system of norms governing the legal relationship between organizations of state power and management and enterprises of various organizational and legal forms;

· system of norms of arbitration consideration of economic disputes (norms of arbitration procedural law).

Legal regulation method is a set of methods and techniques for regulating relations between subjects.

Dispositive methods include:

coordination, - that is, the subject of a legal relationship independently resolves a particular issue, and when entering into a legal relationship with other subjects of legal regulation, issues are resolved in a coordinated manner;

The imperative methods are:

Mandatory prescriptions - that is, one side of the legal relationship gives the other side a prescription that is mandatory for implementation;

prohibition - that is, one side of the legal relationship prohibits this or that activity to the other side.

Principles of legal regulation- these are the fundamental principles that apply to the entire range of legal norms that ensure the regulation of the activities of business entities. Among the principles of legal regulation are:

the principle of purposefulness of influence - on the achievement of mutual interests as a result of the economic activity of the subject of economic legal relations;

the principle of equality of subjects of economic legal relations, regardless of the level they occupy in the national economic complex: that is, the rules of law governing their economic relations equally apply to all participants in these relations;

the principle of economic freedom and encouragement of entrepreneurial behavior economic organizations;

· the principle of encouraging fair competition and protection against monopoly and unfair competition;

The principle of the complexity of the state impact on economic relations through a combination of economic, organizational, administrative and political mechanisms that make it possible to purposefully direct the motivation of the activities of various social groups(entrepreneurs, managers, specialists, direct participants in production and economic processes - workers) to achieve socially necessary economic results;

The principle of legality - in the conditions market economy the basis for assessing legality is the achievement economic efficiency activities in the interests of the state and society without violating the prohibitions of the law and the rights of others.

Under source of legal regulation understood as the will of the state, expressed in an act of a competent government agency. These acts in the legal regulation of economic activity of enterprises are:

1) The Constitution of the Russian Federation is the main source of the entire system of law;

3) Federal Laws of the Russian Federation

4) Decrees of the President of the Russian Federation issued in addition to or development of laws, if there are gaps in them and, if necessary, the prompt establishment of legal norms;

5) Decrees of the Government of the Russian Federation, issued within its competence in the development and implementation of laws;

6) acts of ministries and departments aimed at the implementation of laws, Decrees of the President of the Russian Federation and Decrees of the Government of the Russian Federation;

7) acts of regional authorities and administrations issued within their competence, in accordance with the delimitation of powers between the Russian Federation and the subjects;

8) acts of local authorities and administrations that have an economic and legal content. Maksimov I.M. Legal regulation of economic activity. Tutorial. - Tambov: Ed. TSTU 2002. S. 13-15

The hierarchy of all normative acts regulating the activities of business entities is headed by the Constitution of the Russian Federation The Constitution of the Russian Federation of December 12, 1993 (subject to amendments of December 30, 2008 N 6-FKZ and of December 30, 2008 N 7-FKZ) // " Russian newspaper", N 7, 21.01.2009 .. The country's Basic Law guarantees citizens the right to association (Article 30), the right to private property (Article 35), the right to appeal against the actions (inaction) of state authorities, local governments and officials(Article 46). Management in a joint-stock company: Textbook // Allpravo.Ru team of authors - 2006.

In the Civil Code of the Russian Federation, the second paragraph of the fourth chapter is devoted to business partnerships and companies. It gives the basic provisions on business companies, the rights and obligations of participants in business companies, the transformation of business companies. Also, it discloses the legal provisions of each individual type of business companies (joint stock companies, limited and additional liability companies).

Federal laws determine the specifics of the legal status of business companies in the specified areas of activity, and have a special character of legal regulation of the activities of business companies. The main federal laws regulating the activities of business entities are: Federal Law “On companies with limited liability”and the Federal Law “On Joint-Stock Companies”.

The system of legal regulation of the activities of all commercial organizations consists of legislative, other legal acts and internal documents adopted by the organization itself within the framework of local rule-making. Legislation, in the broad sense of the word, as a set of not only federal laws, but also all legal acts of various industries, in a market economy cannot provide sufficient completeness of legal regulation of the activities of business entities.

Legislation constitutes the basis that determines the legal status of a business entity and forms the basic principles of legal regulation of the behavior of participants in relevant relations: management bodies and shareholders (participants), the employer and employees, and also delimits the subject of legal regulation of legislative norms and norms of internal documents, establishes limits independent discretion, within which local rule-making can develop commercial organization.

The adoption of certain internal documents is directly provided for by law. The other part is created at the discretion of the business entities themselves, depending on the scope and scale of their business activities, the composition of participants, the characteristics of the production and economic structure of the organization, the territorial location of its structural divisions, customs business turnover and simply experience, traditions of the relationship between the team and management, shareholders (participants) and managers D. M. Sork. Legal regulation of economic activity // D.M. Sork, E. N. Belousov, E. A. Lisovskaya, N. G. Zamorenova. M.: Academy, 2011. S. 47. .

Prior to the entry into force of federal laws on business entities, documents adopted by an enterprise (organization) that regulate it internal activities, were called local regulations. To a greater extent, they concerned the social and labor sphere, although other things were not excluded (the provisions on structural divisions, enterprise standards). With the adoption of the Federal Law "On Joint Stock Companies", a new concept appeared - internal documents, the subject of legal regulation of which are mainly the organization and activities of management and control bodies joint-stock company, although otherwise is also not excluded: it is possible to approve the regulations on branches, on funds and reserves, on the payment of dividends, on the sale priority right shareholders of CJSC for the acquisition of shares sold by other shareholders and others. After a careful analysis of the essence of the categories "local regulations” and “internal documents” of the organization, we come to the conclusion that they have a single legal nature and the difference between these terms is determined by the subject of regulated relations, but rather even by the habit of naming documents adopted in the field labor relations, local regulations, and in the field of corporate relations - internal documents. Since the essence of local regulations and internal documents completely coincides, the emergence of a new term - "internal documents", in my opinion, does not exclude the use of the traditional category - "local regulations", and these concepts can be used as equivalent.

In conclusion, I would like to note that for every modern commercial organization, regardless of its organizational and legal form and scope of business, the creation of its own corporate culture is of paramount importance - a set of values, principles and rules of activity that would be shared by all employees, administration, bodies organization management. In creating and maintaining the corporate culture of an organization, local rule-making is essential, which is formed on the basis of legal regulation of the organization's activities. Any business entity carries out its activities within the legal framework. Moreover, himself legal status and related this status rights and obligations - this is again the scope of the rule of law. The legislation of the Russian Federation defines a number of rules governing the status, legal status, organizational and legal form of business entities, as well as the rights and obligations of subjects of economic legal relations.

• 1. The Constitution of the Russian Federation. Adopted at a national referendum on December 12, 1993. Official text // ATP "Consultant-Plus" according to comp. on 20 Aug. 2012
• 2. Civil Code Russian Federation. Part one dated November 30, 1994 No. 51-FZ (as amended on November 30, 2011) // ATP "Consultant-Plus" according to comp. on 20 Aug. 2012
• 3. the federal law July 15, 2001 "On state registration legal entities and individual entrepreneurs"(as amended on 03.12.2011) ATP "Consultant-Plus" as of August 20, 2012
• 4. Federal Law of October 26, 2002 "On Insolvency (Bankruptcy)" (as amended on 06.12.2011) // SPS "Consultant-Plus" comp. on 20 Aug. 2012
• 5. Federal Law of May 4, 2011 "On Licensing Certain Types of Activities" (as amended on October 19, 2011, as amended on November 21, 2011) // ATP "Consultant-Plus" according to comp. on 20 Aug. 2012
• 6. Letter of the Office of the Ministry of Taxation of the Russian Federation for Moscow dated October 27, 2000 No. 03-12 / 44949 "On the determination of profit and its distribution in a general partnership" // ATP "Consultant-Plus" comp. on 20 Aug. 2012
• 7. Civil Code of the RSFSR 1922 No longer valid.
• 8. Law of the RSFSR of December 25, 1990 "On enterprises and entrepreneurial activity" // Vedomosti of the Supreme Council of the RSFSR. 1990. No. 30. Art. 418. Has lost its force.
• 9. Law of the RSFSR of December 7, 1991 "On the registration fee from individuals involved in entrepreneurial activity, and the procedure for their registration" // Vedomosti of the Supreme Council of the RSFSR. 1992. No. 8. Art. 360. Repealed.

Bibliography

• 1. Andrianov V.A. Trading partnerships: emergence and development // Journal of Russian law. 2001. No. 10.
• 2. Balashov A. Business Law: Tutorial. St. Petersburg: Piter-South, 2011.
• 3. Vinogradova O.Yu. On some features of the inheritance of rights associated with participation in economic partnerships and societies // Lawyer. 2009. No. 8.
• 4. Civil law. Textbook. In 4 vols. T. 1 / Resp. ed. E.A. Sukhanov. 4th ed., revised. and additional Moscow: Wolters Kluver, 2004.
• 5. Dikhtyar A.I. Legal status of commercial organizations: problems of legal regulation and law enforcement // Lawyer. 2007. No. 2.
• 6. Dmitrieva L.M. Corporate responsibilities participants of partnerships and societies // Laws of Russia: experience, analysis, practice. 2011. №3.
• 7. Eganyan A.S. Inheritance of the rights of participants in general and limited partnerships // Inheritance law. 2006. No. 1.
• 8. Ershova I. Creation of a commercial organization // Law. 2001. No. 8.
• 9. Ibragimova M.M. Some features of the implementation of economic activities in economic partnerships // Law and State: Theory and Practice. 2008. No. 10.
• 10. Ibragimova M.M. Management and business management in economic partnerships // Law and modernity: problems and solutions. Materials of the conference of young scientists, graduate students and students. Vladivostok, 2006.
• 11. Kiperman G.Ya. Full partnership: a convenient form of integration // Law and Economics. 2005. No. 5.
• 12. Kolganov N.M. Brand name as a means of individualization of legal entities // Jurisprudence. 2010. V. 20. No. 4.
• 13. Kosyakin K.S. The right to manage own affairs as a subjective right of a legal entity // Bulletin of notarial practice. 2008. No. 1.
• 14. Kulikova L.I. Full partnership: accounting and reporting // Accounting. 2004. No. 4.
• 15. Medvedev M. Responsibility of business partnerships and production cooperatives for harm caused by their founders (members) // Russian justice. 2002. No. 8.
• 16. Nishnevich Yu.E. Problems of development of business partnerships in Russia // Law and Law. 2010. No. 8.
• 17. Gadfly I.V. Partnerships in major legal systems// Bulletin of VEGU. 2010. No. 5.
• 18. Pakhomova N.N. The nature of the participation right of the founder (participant) of a business partnership (company) // Legal World. 2007. No. 2.
• 19. Sergeev A.P., Tolstoy Yu.K. Civil Law: Textbook / In 3 vols. T. 1. M .: Prospect (TK Velby), 2010.
• 20. Smirnov N.N. The Institute of a Legal Entity in Roman Law // Gaps in Russian Legislation. 2011. №2.
• 21. Tarasenko Yu.A. On the development of commercial organizational and legal forms in Russia on the example of economic partnerships and societies // Corporations and institutions: Collection of articles. / Rev. ed. M.A. Rozhkov. M.: Statute, 2007.
• 22. Telyukina M.V. Property status and liability in partnerships // Legislation and Economics. 2001. No. 8.
• 23. Timonin D.A. On the essence of the corporate name Lawyer. 2006. No. 5.
• 24. Charkin S.A. General partnership and limited partnership in APK "Black Holes" in Russian legislation. 2008. №3.
• 25. Shcheglova K.D. The legal status of participants in a limited partnership Izvestiya Ros. state Pedagogical University. A.I. Herzen. 2007.
• 26. Schukina E.M. Parties to the founding agreement on the establishment of economic partnerships and companies Legislation. 2000. No. 10.