It is a set of legal norms governing business relations and others closely related to them, including non-commercial relations, as well as relations on state regulation of the economy in order to ensure the interests of the state and society.

The subject of business law is public relations regulated by the rules of business law.

Legal regulation methods

Method It is a way of influencing social relations.

In business law, there are two possible way impact:

• civil law (based on equality of arms, on economic instruments of regulation)
• administrative-legal (based on the nervous situation of the parties - from the relationship of power and subordination)

• Autonomous decision method - matching method. With this method, the subject of entrepreneurial law independently decides one or another issue, and when entering into legal relations, he does this in agreement with its other participants.
• In the process of state regulation of entrepreneurial activity, mandatory prescription method. With this method, one side of the legal relationship gives the other a prescription that is mandatory for implementation.
• Recommendation Method. When applying it, one side of the legal relationship gives a recommendation on the procedure for doing business.
• The prohibition method. It is used when prohibitions are established to prevent certain actions by business entities.

Business Basics

In any economic system, the production of goods and services is carried out by many enterprises. However, only in a market economy does an enterprise (firm) act as an independently acting entity.

Entrepreneurial activity can be defined as a special kind of activity of combining and organizing factors of production (resources) for the production of material goods or services in order to realize the entrepreneur's own interests.

Entrepreneurial activity- this is an initiative, independent activity of citizens, aimed at obtaining and carried out on their own behalf or on behalf of.

The following features follow from the concept of "entrepreneurial activity":

• independent activity of capable citizens;
• initiative activity aimed at the realization of one's abilities;
• risky nature of entrepreneurship;
• a long process aimed at the systematic extraction of profit;
• lawful activities carried out by both individuals and legal entities for the purpose of producing goods, their sale to other market entities, performing work and providing services.

Business entities:

• citizens of the Russian Federation;
• citizens of foreign countries;
• association of citizens (collective entrepreneurs). The status of an entrepreneur is acquired after the state registration of a legal or natural person. Entrepreneurial activity cannot be carried out without registration.

Entrepreneurial activity can be carried out with education or. is carried out by a citizen - an individual entrepreneur who has passed state registration.

• self-realization,
• obtaining high and constant income,
• market conquest,
• survival in the long run, etc.

However, in microeconomics, it is customary to assume that the main motive for entrepreneurial activity is to obtain maximum profit (just as when analyzing consumer behavior, we proceeded from the latter's desire to maximize satisfaction (utility) from the consumption of goods available to him).

• Profit is the universal measure of business performance, and very few firms have the luxury of taking actions that reduce profits. In most cases, the influence of other goals on the behavior of the firm is relatively small.
• Tough competition, in which only the most efficient firms survive, also forces firms to strive to maximize their profits.
• The profit maximization assumption successfully explains and predicts the behavior of individual firms, as well as the dynamics of their prices and production volumes.

Choice of the form of business organization

Organizational and legal form

Organizational and legal form of a legal entity- this is a set of specific features that objectively stand out in the system of general features of a legal entity and significantly distinguish this group from all others.

According to the organizational and legal form, each class of legal entities is divided into groups.

Commercial organizations can be created exclusively in the form of: business companies, state and municipal unitary enterprises.

Non-Profit Organizations can be created in the following forms: consumer cooperatives; public and religious associations; owner-funded institutions; charitable foundations and in other legally permitted forms.

Principles of business law

Entrepreneurial activity of the Russian state is carried out in accordance with the principles enshrined in the Constitution of the Russian Federation and Article 1 of the Civil Code of the Russian Federation.

• freedom of enterprise
• legal equality of different forms of ownership
• freedom of competition and restriction of monopolistic activity
• legitimacy in business.
• state regulation pd.

Article 1. Civil Code of the Russian Federation Basic principles of civil legislation

1. civil law is based on the recognition of the equality of participants relations regulated by it, inviolability of property, freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs, the need for unhindered exercise of civil rights, ensuring the restoration of violated rights, their judicial protection.
2. Citizens (individuals) and legal entities acquire and exercise their civil rights by their own will and in their own interest. They are free to establish their rights and obligations on the basis of the contract and to determine any conditions of the contract that do not contradict the law.
   Civil rights may be restricted on the basis of federal law and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state.
3. Goods, services and funds move freely throughout the territory Russian Federation.
   Restrictions on the movement of goods and services may be introduced in accordance with federal law, if necessary to ensure safety, protect human life and health, protect nature and cultural values.

Entrepreneurial law as an academic discipline

The study of business law as an academic discipline consists in teaching the basics of the legal mechanism for regulating entrepreneurial activity as a complex of property relations: its subjects, objects, grounds for the emergence, exercise of rights; contractual obligations in business activities; protection of rights, etc., as well as in the development of skills in applying the law in solving legal issues that arise in the activities of entrepreneurs.

Entrepreneurial law as an academic discipline reflects the main aspects of the legal regulation of both entrepreneurial activity and the activities of entrepreneurs.

The concept of business legislation

Legislation on entrepreneurial activity is the legal acts of various state bodies, which contain legal norms for regulating entrepreneurial activity. Depending on the legal force of acts containing legal norms, the sources of business law are divided into four large groups: laws, acts of federal government bodies, acts of state executive bodies, acts of executive bodies of the constituent entities of the Russian Federation.

Types of acts containing norms of business law

Law- a normative act adopted by a representative body of state power of the Russian Federation or its subjects. According to the current legislation, federal constitutional laws, federal laws, laws of the subjects of the Federation are distinguished.

federal constitutional law- a normative act adopted by the Federal Assembly in compliance with the procedure established by the Constitution, introducing amendments and additions to the Constitution of the Russian Federation, as well as a law, the adoption of which is specifically provided for in the Russian Federation.

the federal law- a normative act adopted by the Federal Assembly on all other issues that should be regulated by laws. Federal law cannot contradict constitutional laws.

Law of the subjects of the Russian Federation- a normative act adopted by the highest representative body of a subject of the Federation.

Acts of federal government bodies include presidential decrees and government decrees.

Acts of federal executive bodies are normative acts adopted by ministries and departments and mandatory for use by enterprises and citizens. Ministries and departments, other bodies and institutions have the right to issue normative acts within the limits and cases provided for by federal laws, presidential decrees and decrees of the government of the Russian Federation.

Normative acts are also acts of legislative and executive bodies of the constituent entities of the Russian Federation.

Of great importance are the decisions of the Presidium (Plenum) and the letters of the Supreme Arbitration Court of the Russian Federation, commenting on and explaining the application of normative acts. The rulings and decisions of the judiciary are called "jurisprudence".

Normative legal acts of a lower level are applied provided that its norms do not contradict acts of a higher level and the latter do not contain norms regulating these civil law social relations.

Business customs are applied in the field of entrepreneurial activity. The custom of business turnover is a rule of conduct that has developed and is widely used in any area (business activity), not provided for by law, regardless of whether it is recorded in any document. Only those business practices that are inconsistent with the provisions of the law or the contract that are binding on entrepreneurs are not subject to application.

Along with internal laws and other legal acts The sources of business law are generally recognized principles and norms of international law, such as, for example, freedom of trade, etc., as well as international treaties of the Russian Federation, which are an integral part of the legal system of Russia. International treaties apply directly to relations governed by civil law, except when their application requires the issuance of a Russian act. If an international treaty of the Russian Federation establishes other rules than those provided for by civil legislation, then the rules of the international treaty shall apply.

- internal differentiation of legal norms and their grouping into various institutions.

System Structure business law includes a branch of law and a legal institution.

Branch of law- the largest (main) structural unit of the legal system, regulating homogeneous or complex social relations.

Legal Institute- a set of legal norms regulating relatively homogeneous groups of relations that together constitute a branch of law. It is possible to single out the institution of bankruptcy, the institution of privatization, the institution of legal regulation of the quality of products, goods and services.

Business law system- the logical arrangement of the norms and institutions of business law.

The business law system characterizes its structure as a branch of law, a branch of legislation, a scientific and academic discipline.

Business law is divided into General and Special parts.

a common part business law includes:

1) the concept of business law;

2) methods of business law;

3) the system of business law;

4) business legal relations;

5) basic principles of business law;

6) state regulation of entrepreneurial activity;

7) legal liability for offenses in the field of entrepreneurial activity;

8) protection of property rights and interests of entrepreneurs and other economic entities, guarantees of participants in entrepreneurial law.

Special part considers legal regulation:

1) insolvency (bankruptcy) of the enterprise;

2) competition and monopoly in entrepreneurial activity;

3) commodity market (quality of products, works and services);

4) pricing;

5) banking services;

6) investment activity;

7) foreign economic activity of business entities.

Subject of legal regulation- a relatively independent circle of social relations, regulated by this branch of law.

QUESTION 4.

PRINCIPLES OF BUSINESS LAW OF THE RUSSIAN FEDERATION

Entrepreneurial activity in Russia is carried out in accordance with certain principles enshrined in the Constitution of the Russian Federation and in the Civil Code of the Russian Federation.

Principles of business law are its foundational principles.

Basic principles:

1) Freedom of entrepreneurial activity. This principle is enshrined in the Constitution of the Russian Federation. "Everyone has the right to free use of his abilities and property for entrepreneurial and other economic activities not prohibited by law." But this freedom is not unlimited, it can be limited by federal laws in the interests of society to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state. Freedom of entrepreneurial activity is limited by the widespread practice of licensing certain types economic activity.

2) Legal equality of various forms of ownership. All types and forms of ownership are equally recognized and protected in the Russian Federation. According to this principle, the legislation cannot establish any privileges or restrictions for certain forms of ownership for entities conducting business activities using state, municipal or private property.

3) Freedom of competition and restriction of monopolistic activity. Compliance with this principle is a necessary condition for the development of a market economy and the implementation of entrepreneurial activities.

An important role in maintaining competition and in the fight against unfair forms of its manifestation by monopolistic activity is assigned to the Law of the Russian Federation "On Competition and Restriction of Monopolistic Activity in Commodity Markets".

4) Making a profit as the goal of entrepreneurial activity. This is the main stimulus and the main motive for entrepreneurship. Profit- the difference between income received and expenses incurred.

5) State regulation of entrepreneurial activity. This is a balance between the private interests of entrepreneurs and the public interests of the state and society as a whole.

6) Legality in business activities. This is the basis for building the rule of law. Entrepreneurial activity must be carried out in strict compliance with the requirements of the law. The state must ensure the legality of legal acts, the legality of the activities of state authorities and local governments that regulate entrepreneurship.

7) Common Economic Space. On the territory of the Russian Federation, it is not allowed to establish customs borders, duties, fees and any other obstacles to the free movement of goods, services and financial resources.

QUESTION 5.

THE CONCEPT OF ENTREPRENEURSHIP

- an independent activity carried out at one's own risk, aimed at systematically obtaining profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered as entrepreneurs in the manner prescribed by law.

Signs of entrepreneurial activity:

1) Systematic and consistent.

2) Independence, freedom in choosing directions and methods of work, independent decision-making without interference from state bodies. But this does not exclude general regulation by the state. The entrepreneur acts at his own discretion and in his own interests. He is free and autonomous in determining any conditions of the contract that do not contradict the law, in establishing his rights and obligations on its basis.

3) Entrepreneurial risk- the activity of an entrepreneur in the market in a situation of uncertainty regarding the possible profit or loss, when the decision maker, being unable to unambiguously foresee whether he will achieve profit or incur losses, is faced with the choice of any of the alternative solutions.

4) Focus on systematic profit.

Depending on the main purpose of the entrepreneur's activity, commercial and non-profit organizations are distinguished.

Are not business activities:

1) notarial activities;

2) advocacy;

3) activities for the sale of agricultural products produced and processed in the course of private subsidiary farming by citizens running a personal subsidiary plot;

4) activities for the provision of paid additional educational services to the population, enterprises, state and municipal educational institutions.

Entrepreneurial activity- a type of economic activity associated with entrepreneurial risk, new approaches to management, innovation, the use of scientific achievements.

Entrepreneurial activity- an integral part of economic activity, which is closely connected with the market and commodity-money relations.

Carrying out business activities without registration is prohibited. Entrepreneurial activity has the right to engage in both legal entities (primarily commercial organizations) and individuals engaged in entrepreneurial activities without forming a legal entity.

Topic 1

1. Russian business law is:

a) the basic branch of law;

b) a complex branch of law;

c) a special branch of law.

2. Russian business law governs:

a) public relations that develop in connection with the implementation of entrepreneurial activities;

b) civil, tax, labor and administrative-legal relations related to the implementation of entrepreneurial activities;

c) public relations that develop in the sphere of organization, implementation, as well as state regulation of entrepreneurial activity;

3. The law that defines entrepreneurial activity:

b) "On enterprises and entrepreneurial activity";

c) "On State Registration of Legal Entities and Individual Entrepreneurs".

4. Russian business law includes institutions:

a) constitutional and civil law;

b) administrative and civil law;

c) civil and financial law.

5. The following methods of legal regulation are used in Russian business law:

b) the method of autonomous decisions (method of coordination);

c) all of the above.

1. The source of Russian business law is not:

a) business practice;

b) an international treaty of the Russian Federation;

c) judicial precedent.

2. The business custom applies:

a) in order to overcome a gap in the legislation;

b) in cases where the parties agree on its application;

c) in cases expressly specified in the legislation.

3. What normative legal act establishes the basic principles of entrepreneurial activity:

a) the Constitution of the Russian Federation;

c) Law of the Russian Federation "On enterprises and entrepreneurial activity"?

4. Business legal relations according to their design, objects and content can be classified as follows:

a) absolute real legal relations; absolutely-relative real legal relations; absolute legal relations for the conduct of their own economic activities;

b) absolute real legal relations; absolutely-relative real legal relations; absolute legal relations for the conduct of their own economic activities; non-property business relations; economic obligations;

c) absolute property relations; economic obligations.

5. Legal relations that develop regarding non-property benefits used by business entities in their activities, such as a company name, trademark, service mark, appellation of origin, trade secret, etc. are called:

a) business obligations;

b) absolute legal relations for conducting one's own economic activity;

c) non-property business legal relations.

1. A subdivision of a commercial organization receives the greatest independence in economic turnover if it is formed as:

a) representation;

b) branch;

c) department.

2. Branch is:

a) a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office;

b) a separate subdivision of a legal entity representing the interests of a legal entity, protecting them, as well as performing other functions of a non-commercial nature;

c) a legal entity that has separate property in economic management, is liable for its obligations with this property, located outside the location of its founder and is its subsidiary.

3. Commodity exchange is a subject:

a) special competence;

b) limited competence;

c) exclusive competence.

4. In the authorized capital of a small enterprise, the participation share of the Russian Federation, subjects of the Russian Federation, public and religious organizations cannot exceed:

5. The organizational and legal forms of legal entities, according to Russian civil law, include:

a) branch;

b) holding;

c) unitary enterprise.

1. The state unitary enterprise is a subject

b) special competence;

c) limited competence.

2. Two individual entrepreneurs have the right to create:

a) any types of business partnerships and companies;

b) any types of business partnerships and companies, as well as a production cooperative;

c) general partnership, any types of business companies.

3. The founders of a legal entity bear subsidiary liability for its obligations:

a) in a production cooperative;

c) in all of the above forms.

4. Business associations include:

a) general partnership;

b) simple partnership;

c) there is no correct answer.

5. Four citizens have the right to create:

a) a production cooperative, an additional liability company, a joint-stock company;

b) any type of business companies;

c) any type of business partnerships.

6. The constituent documents of a company with additional liability include:

b) memorandum of association;

c) articles of association and memorandum of association.

7. The name of which commercial organization should indicate the nature of its activities:

a) a production cooperative;

b) a state or municipal unitary enterprise;

c) all of the above.

8. The authorized fund is formed:

a) in a production cooperative;

b) in a company with additional liability;

c) in a state or municipal unitary enterprise.

9. Citizens with limited legal capacity to engage in entrepreneurial activities:

a) has the right with the consent of the trustee;

b) has the right with the permission of the registration authority;

c) is not allowed.

1. Unitary enterprises are created on the basis of:

a) constituent way;

b) constituent and administrative method;

c) permissive-constituent method.

2. Currently, the state registration of individual entrepreneurs is carried out:

a) in the administrations of municipalities;

b) in the registration chamber;

c) in the tax authorities.

3. Is the state body entitled to refuse state registration of a financial and industrial group due to the inexpediency of its creation:

c) no, except when it is necessary to protect the interests of the state and society.

4. During what time is the registration body obliged to register a newly created legal entity:

a) 5 working days;

b) 7 working days;

c) 10 days?

5. State registration is not subject to:

a) termination of entrepreneurial activity of a citizen;

b) a change in the nature of the activity of an individual entrepreneur;

c) amendments to the constituent documents of legal entities.

1. Obtaining a permit from the antimonopoly body is a necessary condition for reorganization carried out by:

a) mergers

b) transformations;

c) selection.

2. Under what form of reorganization does a new legal entity arise?

a) transformation;

b) accession;

c) merger.

3. A limited liability company has the right to be transformed:

a) in a general or limited partnership;

b) to a joint-stock company or a production cooperative;

c) to a state or municipal unitary enterprise.

4. Termination of a legal entity without transfer of rights and obligations in the order of succession to other persons occurs:

a) upon reorganization;

b) upon liquidation;

c) in case of reorganization, liquidation.

5. The founders (participants) of a legal entity or the body that made a decision on the reorganization of a legal entity are obliged to:

a) notify the creditors of the legal entity being reorganized about this decision;

b) obtain consent to this decision of the creditors of the reorganized legal entity;

c) pre-pay accounts payable.

1. The 2002 Federal Law "On Insolvency (Bankruptcy)" provides:

a) three bankruptcy procedures;

b) four bankruptcy procedures;

c) five bankruptcy procedures.

2. To determine the presence of signs of bankruptcy of the debtor, the following shall not be taken into account:

a) the amount of debt incurred as a result of unjust enrichment;

b) losses subject to compensation for non-fulfillment of an obligation;

c) the amount of mandatory payments, excluding fines, penalties and other financial sanctions established by law.

3. The following persons have the right to declare a debtor bankrupt:

a) the debtor himself;

b) bankruptcy creditors;

c) arbitral tribunal.

4. The choice of a self-regulatory organization for the submission to the arbitration court of candidates for an arbitration manager refers to the powers of:

a) meetings of creditors;

b) bankruptcy creditors;

c) a debtor.

5. Assistance in raising the level of professional training of arbitration managers refers to the functions of:

a) educational institutions;

b) self-regulating organizations;

c) arbitral tribunal.

6. One of the signs of bankruptcy of organizations is:

a) inability to satisfy the claims of creditors for monetary obligations and (or) fulfill the obligation to make mandatory payments within two months from the date when they should have been fulfilled;

b) inability to satisfy the claims of creditors for monetary obligations and (or) fulfill the obligation to make mandatory payments within three months from the date when they should have been fulfilled;

c) inability to satisfy the claims of creditors for monetary obligations and (or) fulfill the obligation to make mandatory payments within six months from the date when they should have been fulfilled.

7. An application for declaring an enterprise bankrupt may be filed with an arbitration court by:

a) bankruptcy creditors, authorized bodies, prosecutor;

b) bankruptcy creditors, authorized bodies, debtor;

c) creditors, authorized bodies, debtor.

8. The organization of an internship as an assistant to the arbitration manager refers to the powers of:

a) the arbitral tribunal;

b) self-regulatory organization;

c) an authorized body of state power.

9. The arbitration manager is appointed:

a) a debtor;

b) a meeting of creditors;

c) arbitration court.

10. The 2002 Federal Law "On Insolvency (Bankruptcy)" applies to:

a) individuals and legal entities;

b) individuals and legal entities, with the exception of state-owned enterprises, institutions, political parties and religious organizations;

c) individuals and legal entities, with the exception of state-owned enterprises.

11. Among the requirements for the candidacy of an arbitration manager is the presence of:

a) continuous seniority of managerial work up to two years;

b) continuous seniority of managerial work over two years;

c) more than two years of managerial experience in total.

The first meeting of creditors is convened following the results of:

a) observations;

b) financial recovery;

c) external control.

If the head of the debtor is removed from office at the stage of supervision, the powers to manage the debtor are transferred:

a) to an interim manager;

b) to the arbitration manager;

c) to a person nominated as a candidate for the head of the debtor by a representative of the founders of the debtor or the owner of the debtor.

Observation must be completed no later than:

a) 3 months;

b) 6 months;

c) 7 months.

4. To conduct supervision, the arbitration court appoints:

a) an administrative manager;

b) temporary manager;

c) an external manager.

1. Financial rehabilitation is introduced by the arbitration court for the period:

a) up to 2 years;

b) up to 18 months;

c) more than 2 years.

2. To introduce financial recovery, it is necessary:

a) only the relevant decision of the meeting of creditors;

b) a relevant petition of the founders (participants) of the debtor or the owner of the property of the debtor - a unitary enterprise, an authorized state body, as well as third parties;

c) only the appropriate decision of the arbitration court.

3. As a subject of ensuring the fulfillment by the debtor of obligations during the financial recovery procedure, the following may act:

b) deposit;

c) property rights belonging to the debtor on the right of ownership.

4. When conducting financial rehabilitation, the amount of security for the performance of the debtor's obligations must exceed the amount of the debtor's obligations by at least:

b) 20%; c) 30%.

5. The arbitration court may introduce a financial recovery procedure contrary to the decision of the Creditors' Meeting if the following are provided as security for the performance of the debtor's obligations:

a) state or municipal guarantee;

b) bank guarantee;

c) a deposit.

6. Financial recovery and external management may last:

a) up to 2.5 years each;

b) up to 2 years in total;

c) up to 2.5 years in total.

7. To carry out the financial rehabilitation procedure, the arbitration court appoints:

a) an external manager;

b) administrative manager;

c) interim manager.

1. The transfer of powers to manage the debtor to an arbitration manager is one of the consequences of introducing:

a) financial recovery;

b) external management;

c) a settlement agreement.

2. External management is introduced for a period not exceeding:

b) 18 months;

c) 2.5 years.

3. The arbitration court may introduce an external administration procedure contrary to the decision of the meeting of creditors in the following cases:

a) provision of a state or municipal guarantee as a security for the fulfillment of the obligations of the debtor;

b) there are sufficient grounds to believe that the debtor's solvency can be restored;

c) a relevant petition of the labor collective of the debtor.

4. One of the powers of the external manager is:

a) closing the register of creditors' claims;

b) monitoring compliance with the debt repayment schedule;

c) accounting, financial, statistical accounting and reporting.

5. The introduction of a moratorium on satisfaction of creditors' claims is one of the consequences of the introduction of:

a) observations;

b) external management;

c) competitive production.

6. Moratorium on satisfaction of creditors' claims not claims:

a) creditors of the first and second priority;

b) third priority creditors;

c) vindication requirements confirmed by a court decision entered into the introduction of external administration.

7. The external management plan is approved:

a) external manager;

b) a meeting of creditors;

c) arbitration court.

8. External management is not carried out in relation to:

a) strategic enterprises;

b) individual entrepreneurs;

c) peasant (farm) economy.

1. The procedure, as a result of which the existence of a legal entity or entrepreneurial activity of a citizen is terminated, is:

a) settlement agreement;

b) bankruptcy proceedings;

c) external control.

2. The basis for opening bankruptcy proceedings is:

a) declaring the debtor bankrupt by decision of the arbitration court;

b) the decision of the meeting of creditors;

c) the decision of the external manager.

3. The deadline for the fulfillment of monetary obligations that arose before the introduction of this procedure and the payment of mandatory payments is considered to have come from the moment of introduction of:

a) financial recovery;

b) external management;

c) competitive production.

4. The procedure for satisfying creditors' claims in the process of bankruptcy proceedings is carried out in accordance with:

a) with the Civil Code of the Russian Federation;

b) with the Federal Law "On Insolvency (Bankruptcy)";

c) with the Federal Law "On Insolvency (Bankruptcy)", if this does not contradict the Civil Code of the Russian Federation.

5. The register of creditors' claims is closed:

a) after a two-month period from the date of publication of the announcement of declaring the debtor bankrupt;

b) after a two-month period from the date of publication of the announcement on the introduction of the monitoring procedure;

c) after one month from the date of publication of the announcement of declaring the debtor bankrupt.

6. The bankruptcy estate includes:

a) socially significant objects;

b) property belonging to the debtor on the right of ownership;

c) property rights associated with the personality of the debtor.

7. Expenses for the remuneration of the bankruptcy trustee include:

a) to the claims of creditors of the first priority;

b) to extraordinary requirements;

c) to the claims of creditors of the second priority.

1. An amicable agreement may be concluded:

a) at any stage of bankruptcy, except for bankruptcy proceedings;

b) at any stage of bankruptcy, except for supervision;

c) at any stage of bankruptcy.

2. The settlement agreement is concluded:

a) orally;

b) in writing;

c) in a written, notarized form.

3. What bankruptcy procedure is not provided for in the Federal Law "On Insolvency (Bankruptcy)":

a) pre-trial sanitation;

b) bankruptcy proceedings;

c) settlement agreement?

4. The terms of a settlement agreement cannot provide for the replacement of a monetary debt with a non-monetary obligation in relation to:

a) claims of creditors secured by a pledge;

b) extraordinary claims of creditors;

c) compulsory payments.

5. The settlement agreement approved by the arbitration court shall enter into force for the debtor and bankruptcy creditors, as well as for third parties participating in its conclusion:

a) from the moment of issuance of the relevant ruling by the court;

b) from the moment of its conclusion;

c) from the date of adoption of the relevant decision by the meeting of creditors.

1. The initial methods of acquiring the right of ownership to the property of an entrepreneur include:

a) the acquisition of the right of ownership by a legal entity by making property contributions (shares) by its founders to the authorized (reserve) capital, share fund;

b) succession as a result of the reorganization of a legal entity;

c) acquisitive prescription.

2. State and municipal state-owned enterprises have property on the right:

a) economic management;

b) operational management;

c) on-farm management.

3. Depreciation is:

a) the process of gradually transferring the value of the product produced, as it wears out physically and morally, to the means of labor;

b) the process of gradually transferring the value of the means of labor as they wear out physically and morally to the product being produced;

c) the cost of reproduction of fixed assets.

4. Regulations on accounting of fixed assets and guidelines define the following methods of depreciation:

a) linear and accelerated;

b) linear, declining balance, write-offs by the sum of numbers of years of the term beneficial use, cost write-offs in proportion to the volume of products (works, services);

c) linear and non-linear.

5. When creating state and municipal enterprises, the following is formed:

a) authorized capital;

b) statutory fund;

c) mutual fund.

1. The annual approval of the forecast plan (program) for the privatization of federal property for the corresponding year refers to the powers of:

a) the Government of the Russian Federation;

2. The conclusion of contracts for the sale and purchase of federal property refers to the powers of:

a) the Government of the Russian Federation;

b) the Federal Agency for Federal Property Management;

c) Russian Federal Property Fund.

3. The objects of privatization in accordance with the Federal Law "On Privatization of State and Municipal Property" include:

a) state and municipal housing stock;

b) state reserve;

c) property of state and municipal unitary enterprises.

4. In accordance with the Federal Law "On the privatization of state and municipal property", at present the privatization of state and municipal property is carried out:

a) on a reimbursable basis;

b) free of charge;

c) both on a reimbursable and non-reimbursable basis.

5. The publication of regulatory legal acts on privatization issues refers to the powers of:

a) the Government of the Russian Federation;

b) the Federal Agency for Federal Property Management;

c) Russian Federal Property Fund.

1. The list of methods of privatization of state and municipal property, enshrined in the Federal Law "On the privatization of state and municipal property" is:

a) exhaustive;

b) not exhaustive;

c) may be supplemented by federal laws.

2. Fulfillment of the conditions specified in the contract is a mandatory requirement for participation in the privatization of state and municipal property through such a privatization method as:

a) an auction

b) competition;

c) sale without announcement of the price.

3. In the event that an auction for the sale of state or municipal property was declared invalid, the said property shall be privatized:

a) by selling state or municipal property through a public offer;

b) by selling state or municipal property through a tender;

c) by selling state or municipal property without declaring a price.

4. The terms of a tender for the sale of state or municipal property may not provide for:

a) maintaining a certain number of jobs;

b) limiting the change in the profile of the activity of a unitary enterprise or the appointment of individual objects of socio-cultural, public utilities or transport services to the population or the termination of their use;

c) a ban on the use of such property in entrepreneurial activities.

5. The sale of state or municipal property without declaring a price is carried out:

a) if the sale of this property through an auction did not take place;

b) if the sale of this property by other means did not take place;

c) if the sale of this property through a public offer did not take place.

1. Economic means of influencing business relations by creating conditions that affect the motivation of the behavior of business entities are:

a) direct methods of state regulation of entrepreneurial activity;

b) indirect methods of state regulation of entrepreneurial activity;

c) tax breaks.

2. A planned control measure in relation to one legal entity or individual entrepreneur by each state control (supervision) body may be carried out:

a) no more than once a year;

b) no more than once every two years;

c) at least once every two years.

3. The price that develops on the commodity market without state influence on it is called:

a) regulated price;

b) free (market) price;

c) dumping price.

4. The list of goods and services for which the executive authorities of the constituent entities of the Russian Federation have been granted the right to introduce state regulation of tariffs and surcharges includes:

a) baby food (including food concentrates);

b) gas sold to the population;

c) social services.

5. The list of products, goods, services for which state regulation of prices is carried out by the Government of the Russian Federation and federal executive bodies includes:

a) transportation by rail;

b) margins on products (goods) sold at catering establishments at general education schools, vocational schools, secondary specialized and higher educational institutions;

c) trade markups on the prices of medicines and medical products.

1. The licensing body makes a decision to grant or refuse to grant a license within a period not exceeding:

a) 60 days from the date of receipt of the application for a license and the documents attached to it;

b) 45 days from the date of receipt of the application for a license and the documents attached to it;

c) one month from the date of receipt of the application for a license and the documents attached to it.

2. Validity period of the license at the time of its suspension:

a) is not renewed;

b) is extended;

c) is extended by a special decision of the licensing authority.

3. The license does not lose its legal force in case of:

a) liquidation of a legal entity;

b) termination of the activities of a legal entity as a result of reorganization in the form of transformation;

c) termination of the certificate of state registration of a citizen as an individual entrepreneur.

4. In cases where a license is issued by a body of a constituent entity of the Russian Federation, the licensed type of activity may be carried out on the territory of other constituent entities of the Russian Federation:

a) after obtaining a new license in the relevant subject of the Russian Federation;

b) after notification by the licensee of the licensing authorities of the relevant subjects of the Russian Federation;

c) without any special action.

5. The license is issued for the period:

a) not more than five years;

b) at least five years;

c) no more than three years.

The concept of "competition" is defined in the following regulatory legal act:

a) in the Civil Code of the Russian Federation;

b) in the Law of the RSFSR "On competition and restriction of monopolistic activity in commodity markets";

c) in the Federal Law "On Natural Monopolies".

Actions (inaction) of economic entities that are contrary to antimonopoly legislation and are aimed at preventing, restricting or eliminating competition of goods are:

a) monopolistic activity;

b) unfair competition;

c) monopoly.

One of the types of monopolistic activity is:

a) creating barriers to market access for other economic entities;

b) dissemination of false, inaccurate or distorted information that can cause losses to another business entity or damage its business reputation;

c) misleading the consumer about the nature, method and place of manufacture, consumer properties, quality of goods.

One form of unfair competition is:

a) creation of discriminatory conditions of activity for certain subjects;

b) creating favorable operating conditions for individual economic entities by providing them with benefits that put them in a preferential position in relation to other economic entities operating in the market of the same product;

c) incorrect comparison by an economic entity of the goods it produces with the goods of other economic entities;

Currently, the federal antimonopoly body is called:

a) the Ministry for Antimonopoly Policy of the Russian Federation;

b) the State Antimonopoly Committee of the Russian Federation;

c) FAS Russia.

a) unfair, unreliable, unethical advertising, deliberately false advertising, hidden advertising;

b) unfair, unreliable, unaesthetic advertising, deliberately false advertising, hidden advertising;

c) unfair, unreliable, unethical advertising, deliberately false advertising, hidden advertising, counter-advertising.

a) knowingly false;

b) unreliable;

a) unreliable;

b) unethical;

c) hidden;

a) Ministry for Antimonopoly Policy of the Russian Federation;

c) FAS Russia.

1. Audit organizations are subjects of:

a) exclusive competence;

b) special competence;

c) limited competence.

2. The purpose of the audit is:

a) independent verification of accounting and financial (accounting) statements of organizations and individual entrepreneurs;

b) expressing an opinion on the reliability of the financial (accounting) statements of the audited entities and the compliance of the accounting procedure with the legislation of the Russian Federation;

c) compliance with the tax legislation of the Russian Federation.

3. The right to apply to the authorized federal body for its accreditation has a professional audit association, whose members are:

a) at least 1000 certified auditors and (or) at least 100 audit organizations;

b) at least 1000 certified auditors and at least 100 audit organizations;

c) at least 500 certified auditors and (or) at least 100 audit organizations.

4. In cases where the audited entity fails to provide all the necessary documentation, as well as reveals during the audit of circumstances that have or may have a significant impact on the opinion of the audit organization or individual auditor on the degree of reliability of the financial (accounting) statements of the audited entity, the following is compiled:

a) a conditionally positive audit opinion;

b) a negative audit opinion;

c) an auditor's report containing a disclaimer of opinion.

5. State regulation of auditing activities is carried out by:

a) the Ministry of Finance of the Russian Federation;

c) FFMS of Russia.

1. State regulation of valuation activities shall be carried out by:

a) the Ministry of Finance of the Russian Federation;

b) the Federal Treasury of the Russian Federation;

c) FFMS of Russia.

2. The legal status of the appraiser is fixed:

a) in the Constitution of the Russian Federation;

b) in the Federal Law "On Appraisal Activities in the Russian Federation";

c) in the Regulations on valuation activities.

3. The contract between the appraiser and the customer is:

a) in a written notarized form;

b) in writing;

c) orally or in writing.

4. The final value of the value of the appraised object, indicated in the appraisal report, may be recognized as recommended for the purposes of making a transaction with the appraised object, if the following has passed from the date of the appraisal report to the date of the transaction with the appraised object or the date of submission of the public offer:

a) not more than a year;

b) no more than six months;

c) no more than three months.

5. If the normative legal act containing the requirement for the obligatory evaluation of any object of assessment, or the agreement on the assessment of the object of assessment does not specify a specific type of value of the object of assessment, the following shall be established:

a) the market value of the subject property;

b) the special value of this object of assessment;

c) the liquidation value of this object of assessment.

1. The concepts of "protection of rights" and "protection of rights" of entrepreneurs are related as follows:

a) these terms are synonyms;

b) "protection of rights" is already the concept of "protection of rights" of entrepreneurs;

c) "protection of rights" is already the concept of "protection of rights" of entrepreneurs.

2. Ways to protect the rights of entrepreneurs are divided into:

a) on material, procedural and preventive;

b) substantive and procedural;

c) substantive, penal and restraining.

3. Forms of protection of the rights of entrepreneurs are divided into:

a) material and procedural;

b) judicial and extrajudicial;

c) written and oral;

4. Extrajudicial protection of the rights and interests of entrepreneurs should include: a) notarial protection;

b) arbitration proceedings;

c) all of the above and the pre-trial (claim) procedure for settling disputes.

5. In accordance with the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Course of State Control (Supervision)", in the absence of officials or employees of the inspected legal entities or individual entrepreneurs or their representatives during the control activities, officials of state control bodies (oversight):

a) have the right to carry out control measures;

b) is not entitled to carry out scheduled inspections;

c) have the right to carry out control (supervision) measures with the permission of the head of the relevant state body.

1. An entity investing its own, borrowed or borrowed funds in the form of investments in securities for the purpose of making a profit and other positive economic results is:

a) the issuer;

b) investor;

2. An entity issuing securities into circulation and bearing obligations on its own behalf to the owners of securities to exercise the rights secured by them is:

a) the issuer;

b) investor;

c) a professional participant in the securities market.

3. Currently, state regulation in the securities market is carried out by:

a) FFMS of Russia;

b) the Ministry of Finance of Russia;

c) The Federal Commission for the Securities Market.

4. Equity securities include:

a) a bank certificate;

c) an option;

5. An issuance security that secures the right of its owner to purchase a certain number of the issuer's shares at a predetermined price within the period specified by it and (or) upon the occurrence of the circumstances specified in it, is:

a) a bond

b) warrant;

c) an option;

6. In accordance with the Federal Law "On the Securities Market", the following shall be recognized as a depository:

a) a legal entity engaged in the provision of services for the storage of securities certificates and (or) accounting and transfer of rights to securities;

b) a legal entity that maintains a register of securities holders, including the collection, recording, processing, storage and provision of data constituting the system for maintaining a register of securities holders;

c) a legal entity engaged in activities to determine mutual obligations (collection, reconciliation, correction of information on transactions with securities and preparation of accounting documents on them) and their offset on the supply of securities and settlements on them.

7. A legal entity engaged in civil law transactions with securities on behalf of and at the expense of a client (including the issuer of issue-grade securities during their placement) or on its own behalf and at the expense of a client on the basis of reimbursable agreements with a client is called :

b) a broker;

c) manager.

8. In accordance with the Federal Law "On the Securities Market", a listing is:

a) the procedure for issuing equity securities;

b) inclusion by the stock exchange of securities in the quotation list;

c) the procedure for state registration of issues of emissive securities.

9. Fiduciary transactions include:

a) distribution agreement;

b) contract of agency;

c) commission agreement.

b) an offer sent simultaneously to two counterparties;

c) a public offer for the sale of state or municipal property.

2. Contracts that can only be concluded between entrepreneurs do not include:

a) a commercial concession agreement;

b) an energy supply contract;

c) storage agreement.

3. A simple partnership is recognized:

a) an agreement under which two or more persons (partners) undertake to combine their contributions and act jointly without forming a legal entity to make a profit or achieve another goal that does not contradict the law;

b) a commercial organization, the participants of which, in accordance with the agreement concluded between them, are engaged in entrepreneurial activities and bear joint and several subsidiary (additional) liability for its obligations with all their property;

c) a commercial organization, the authorized capital of which is divided into shares of predetermined sizes, formed by one or more persons who are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their contributions.

4. Business contracts by their legal nature:

a) are a type of civil law contract;

b) have an analogy with a civil law contract;

c) have a fundamental difference from a civil law contract.

5. The contract is considered concluded if an agreement is reached between the parties:

a) in any way agreed by the parties on the basis of the principle of freedom of contract;

b) at least one essential condition of the contract;

c) for all material terms of the contract.

6. What essential conditions are necessary for the conclusion of a civil law contract:

a) directly named in regulatory legal acts as essential for this type of contracts;

b) the subject matter of the contract; the conditions named in regulatory legal acts as essential; all conditions regarding which, at the request of one of the parties, an agreement must be reached;

c) on the subject of the contract, on the responsibility of the parties, on the moment the contract enters into force; conditions expressly named in regulatory legal acts as essential.

7. For what purpose are goods purchased under a supply agreement:

a) for the use of goods in entrepreneurial activities;

b) for the use of goods in business activities or for other purposes not related to personal, family, household and other similar use;

c) the purpose of the purchase of goods is irrelevant for the supply contract.

8. An entrepreneur has the right to transfer the rights to a trademark, service mark under contracts:

a) supply, distribution;

b) agency;

c) commercial concession.

9. Consignment is a type of:

a) a distribution agreement;

b) agency agreement;

c) commission agreements.

10. An agency agreement can be built according to the model:

a) contract of assignment;

b) supply contracts;

c) commission agreements.

11. The principal is one of the parties to the contract:

a) commissions;

b) distribution;

c) agency.

12. The obligation of one of the parties to the agreement not to conclude similar agreements with other entities in the territory specified in the agreement may be provided for:

a) commission agreement;

b) a distribution agreement;

c) agency agreement.

Structural and logical schemes Scheme 1. Sources of Russian business law

Sources of Russian business law

Custom Entrepreneurial Law. Cribs Antonov A.P. 6. System of business law Entrepreneurial law regulates a variety of relations in the implementation of entrepreneurship and management of it. For these purposes, a certain block of regulatory legal acts, norms and institutions of business law is used. The system of business law is a logically consistent and internally consistent arrangement of business legal norms and institutions. It develops objectively and is based on the specific features of social relations included in the subject matter of business law. The systematic arrangement of business law norms is of practical importance for law-making and law enforcement agencies. If a new regulatory legal act regulating entrepreneurial activity is adopted, it is necessary to harmonize its content with existing regulatory legal acts. Since it is easier to find and apply to a specific case the corresponding rule of law if these rules are systematized. The business law system consists of two parts: Special. The general part includes provisions common to all sections and institutions of business law. It reflects the homogeneity of the subject matter of sectoral regulation and serves as a unifying principle for all sectoral norms. The general part makes it possible to eliminate inconsistencies in the legal regulation of social relations similar in nature and to ensure the necessary unity of legal regulation in the economic sphere. Thus, thanks to the norms of the general part of business law, a uniform regulation of relations on property and on the creation of various organizational and legal forms of entrepreneurship was carried out. The institutes of the general part can be divided into two groups: General provisions in the proper sense; Provisions relating to the legal regulation of functional activities in the economy. The special part includes legal norms and institutions relating to the regulation of certain sectors of the national economy and types of entrepreneurial activity. From the book Business Law author Smagina I A From the book Business Law author Shevchuk Denis Alexandrovich From the book Business Law. cheat sheets author Antonov A.P. From the author's book From the author's book From the author's book 1. The subject of business law The independence of a particular branch in the system of law is associated with the presence of the subject and method of legal regulation, as well as the principles of legal regulation. The subject of business law are public From the author's book 3. The science of business law From the author's book 4. Principles of business law The principles of law are the main starting points of the branch of law. The principles of law permeate all legal norms, are the core of the entire legal system of the state. Economic and legal relations are regulated as part of From the author's book 5. The system of business law The system of business law refers to the logical arrangement of the norms and institutions of business law. The business law of the Russian Federation is a combination of different in nature and orientation From the author's book 6. Sources of business law Under the sources of law understand the forms of expression of the rules of law. Sources of business law are legal acts that contain legal norms governing economic relations. Sources From the author's book 1. The concept and classification of subjects of business law Legal entities engaged in entrepreneurial activities? Civil Code of the Russian Federation Art. 48-64, 66-115,? Federal Law of the Russian Federation dated November 24, 1995 "On Joint Stock From the author's book 1. The subject of business law Business law, like any other branch of law, consists of legal norms. For the implementation of entrepreneurship, it is necessary to create an entrepreneurial structure (economic partnership, company, etc.), allocate From the author's book 3. Principles of business law From the author's book 4. Subjects of business law In accordance with Russian law, an entrepreneur is an entity whose activities are aimed at making a profit and are carried out by them on the condition of their own property liability. Main characteristics From the author's book 45. Fundamentals of business law in railway transport The following basic concepts apply in this Federal Law: railway transport- one of the types of public transport - is under the jurisdiction of the Russian Federation. From the author's book 48. Fundamentals of business law in road transport Over the past 10 years, the car park in Russia has grown by almost 2.5 times. Commercial and household vehicles are becoming an increasingly important social and Under the system of business law is understood the logical arrangement of the norms and institutions of business law. The business law of the Russian Federation is a set of economic and legal norms that are different in nature and orientation. These norms are grouped by institutions. The institution of business law is a set of norms that unites a number of interconnected legal relations. So, for example, we can single out the institution of bankruptcy, the institution of denationalization and privatization, the institution of legal regulation of the quality of products, goods and services. In the institutions of business law, as well as in other branches of law, the norms are grouped depending on the commonality of the tasks facing the institution. The business law system characterizes its structure as a branch of law, a branch of legislation, a scientific and academic discipline. Business Law Institutes business law institute principle Business law, like other branches of law, is divided into General and Special parts. In expanded form, the system of business law, as a training course, contains the following institutions: A COMMON PART 1. Introduction to business law 2. Business legal relations 3. Legal regulation of insolvency (bankruptcy) of an enterprise 4. Denationalization and privatization of state and municipal property 5. Legal liability for offenses in the economic sphere 6. Protection of property rights and interests of entrepreneurs (economic entities) SPECIAL PART 7. Legal regulation of functional types of the national economy 8. Legal regulation of monopolistic activity 9. Legal regulation of the quality of products, works and services 10. Legal regulation of pricing 11. Legal regulation of investment activity 12. Legal regulation of settlements and lending 13. Legal regulation of accounting, reporting and auditing 14. Legal regulation of foreign economic activity Share on Facebook Recommended Below is a list of mountain passes in the Western Caucasus Categories of difficulty in mountaineering and mountain tourism About the city of Kabardinka Are there mountains in Kabardinka Mill slot ponds waterfalls blue clay