The Russian legal sphere is characterized by the presence of a wide range of branches of law. Among the most noteworthy is entrepreneurial. Its peculiarity is that it includes features that are characteristic of a large number of other areas that are involved in the regulation of various aspects of commercial relations. How did entrepreneurial law appear in Russia? How is this term understood and interpreted by lawyers?
Definition
The concept of business law in modern Russian legal science is usually associated with a category of norms that affect the emergence and implementation of commercial relations. The term in question can be understood in several aspects. Business law can be considered as an independent branch of legal science. It can also be interpreted as a scientific discipline, within the framework of which various problematic aspects are investigated. Another interpretation is that the term “business law” can be understood as a discipline.
Item Specifics
What is the specificity of the subject of the legal category in question? As such, it is customary to understand those elements that are affected by the relevant legal norms. In this case, these are commercial relations (purchase and sale of goods, provision of services, performance of work, etc.). There is a point of view according to which the subject of business law also includes the activity of legislative bodies that develop standards that are designed to regulate the business sphere.
Many specialists distinguish intra-corporate relations, which are characterized by the specifics of the subject, into a special category of business law - such are transactions and other contractual processes between employees working in the same company. Thus, the concept of business law implies, firstly, the breadth of interpretation of the term, and secondly, the diversity of legal relations that make up the subject of the relevant legal industry.
Method
Consider the specifics of the method of the studied legal category. As in other legal sectors, it will be composed of three basic instruments presented in various combinations: permission, prohibition, and prescription. The first tool involves the use of a dispositive mechanism. It may be relevant when building contractual relations between entrepreneurs, in which the rights and obligations of the parties are determined. Dispositive method It implies equality of subjects of legal relations, full autonomy of their will, as well as property independence.
Prohibition or Prescription - Symptoms imperative method which includes business law. It is characterized by relations within the framework of subordination. As a rule, in such cases, one of the parties to the legal relationship is the state, which is vested with the right to issue orders to be executed with respect to business.
Functions
Let us examine what functions are characterized by Russian business law. Modern lawyers distinguish two main for this legal category - regulatory and protective. Under the first function, business law is an instrument of state regulation of the commercial sphere.In the framework of the second, protection of businessmen from illegal actions, protection of their property, suppression of destructive phenomena from the point of view of political stability in the state are supposed.
Place in the legal system
Having examined the concept and subject of business law, having studied its methods and functions, we consider such an aspect as the structure of the corresponding legal category. In the legal system of the Russian Federation, industry rights are characterized by their affiliation with a profile, special or complex. Which of them is Russian business law? Among lawyers, a version is common, which is the third. Argument - the considered branch of law is characterized by a number of specific criteria:
- lack of uniformity of legal relations forming the subject of the relevant legal industry;
- the presence of norms that are related to various areas of law;
- There is a wide variety of regulatory methods.
All these criteria are characteristic of complex legal sectors. This gives rise to many researchers to propose theses, according to which the concept of entrepreneurial law has too ambiguous criteria for referring to an independent sphere of jurisprudence. But, according to other scientists, the complexity in question is due primarily to the subject of this industry. The fact is that entrepreneurship is a field of activity that correlates with a large number of other activities. Commercial firms deal with tax laws, administrative, civil, financial, etc. Business law is a border area of several legal areas. This is due to the specifics of those activities in which the subjects of commercial legal relations are involved.
Formation of a new legal industry
The concept and signs of business law, we investigated. It will be useful to study how the corresponding legal industry appeared in Russia, to consider the historical context of its formation.
For some time, the legal sphere that regulates commercial legal relations and those that correlate with them (for example, the activities of state bodies) was called economic law. However, this concept was not unambiguously approved by the Russian legal community. Specialists and scientists considered it incorrect to understand commercial law as a fragmented set of norms. In their opinion, the commercial sphere even during the period of “initial accumulation” of capital - in the early and mid-90s - was already a fairly holistic subject of regulation.
Lawyers felt that it was necessary to form a new branch of law, which would imply a unity of law-making approaches in the management of property, economic, industrial relations related to various branches of law. Areas of activity began to appear that were superficially regulated by existing sources of norms. These include, for example, corporate relations. Their specificity partially correlated with the norms of the Labor Code, civil and financial legislation, but there were no concepts that suggested some kind of integration of the relevant provisions in legal acts.
The activities of commercial structures in the Russian Federation traditionally intersect with the activities of state and municipal authorities. This can be traced in many different directions. The state, in addition to being a legislator, is also the largest customer for many organizations. The role of state-owned enterprises in the Russian economy is very significant. And therefore, business law as a branch of law should also include in the subject of its regulation those areas that reflect the interaction of business and the state.
Thus, over time, sources of norms began to be developed in the Russian legal system.As well as scientific concepts forming a new branch of law, which suggested a more optimal adaptation to the national specifics of the business sector. The main types of regulatory acts, while remaining the same as they were - the Civil, Tax Codes. However, their provisions were actively supplemented, adjusted in order to reflect the laws of processes at the level of commercial and related fields.
Modernization of legislation was also required from the point of view of integration processes in world business. The Russian economy was gradually improving in the technological aspect: for example, if in the 90s store customers rarely paid with cards, now this method of payment is almost the main one. The market of electronic payment systems is developing. Solutions are being introduced to dispense with paperwork - an alternative is electronic signature. All this requires the development of specific legal norms that would allow businesses to legally use the appropriate technological capabilities.
Modern Russian entrepreneurial law is designed to meet the needs of business in the aspect of legal relations with entities of a similar, commercial status - business companies, individual entrepreneurs, banks, foreign institutions, and government bodies. Also, entrepreneurs should be able, using legal resources, to use the various achievements of progress. The legal industry under consideration is called upon to contribute to the solution of these and many other problems.
Conceptual approaches in the new legal industry
The formation of the Russian model of business law was based on a combination of various conceptual approaches. Some of them were already involved in Russia, but in the pre-revolutionary period. So, for example, in tsarist times, the so-called commercial law was practiced in our country. However, the subject of its regulation was significantly narrower than that which is characteristic of modern business law. Although civil and industrial relations were also affected by pre-revolutionary trade law in aspects reflecting the specifics of that time.
The Russian experience in lawmaking in the field of entrepreneurship was also built taking into account concepts that have been formed at the global level. For example, in some countries, the basis of the relevant legal industry is a monistic approach, which implies unity or a significant convergence of commercial and civil law. There is another concept - dualistic, in which these sectors are regulated differently. Modern lawyers tend to believe that the Russian model of lawmaking is closer to the first approach. In support of this thesis, it can be noted that commercial and civil legal relations in Russia are regulated for the most part by one legislative source - the Civil Code of the Russian Federation. Despite the fact that it includes a large number of chapters and articles, multidirectional on the subject and subject of regulation, its provisions often trace a common approach to process management both at the level of civic activities of a non-commercial profile and in the field of entrepreneurship.
The branch of law as a science
At the beginning of the article, we determined that the concept of business law can also be associated with science. Let's consider this aspect in more detail. Russian business law as a scientific industry is a body of knowledge regarding the relationship between law and business. Within the framework of it, a theoretical substantiation of certain laws related to the mutual influence of law and business is carried out. Within the framework of relevant research areas property relations as well as those that correlate with them - for example, the activity of state structures of the tax profile. The subject of business law as a science is various theoretical concepts and concepts, within which the legislative regulation of commercial activity is considered as a specific legal industry, which has developed due to the integration of various interrelated norms.
The relevant scientific field is of great importance in terms of interpreting law enforcement and judicial practice. Through a wide range of methods, the reasons for the adoption of certain decisions by the competent authorities are investigated, the most characteristic causes of disputes and reasons to initiate the involvement of courts in commercial relations are identified.
International dimension
Business law as a science is an important source of knowledge in the aspect of studying foreign experience. The Russian legal system has both signs of similarity with models operating abroad and distinctive features. Nevertheless, the usefulness of studying foreign experience can be traced when familiarizing yourself with any national legal system, even if it functions within completely different principles than in the Russian Federation. For example, in the US, the legal model is largely based on precedents. The corresponding type of court decision can be an independent source of law. In Russia, this mechanism is not widespread, but the role of judicial precedents in law enforcement practice is assessed by experts as significant. And therefore, the study of foreign - in particular American - experience in this part seems to be a useful area of scientific activity.
Thus, international business law is the prerogative of science and at the same time one of its subjects. Moreover, the corresponding type of research may also touch upon issues of history, economics, sociology, psychology, and other areas related to jurisprudence. As for the subject of business law as a science, it can be represented as a combination of the following basic elements:
- law in an objective sense (system of norms);
- law enforcement and judicial practice;
- the history of the formation of the legal system of the Russian Federation in relation to the laws in the field of socio-economic and political development of the state;
- as we noted above, foreign experience.
From the point of view of science, business law is the most important tool of the state and society, allowing to identify a wide range of problems associated with the legal protection of the interests of commercial structures, as well as contribute to their solution. The activities of scientists in this direction helps the legislator to develop more effective methods for developing provisions in various legal norms. The results of scientific research can also play the role of significant sources in the aspect of law enforcement practice.
Industry as a discipline
We examined what business law is as a legal industry and as a science. It will be useful to study the corresponding term in the meaning of academic discipline. What is its specificity in this interpretation? The considered branch of law, if we understand it as a discipline, is a set of sources that are systematized in order to effectively transfer knowledge to specialists studying in the framework of legal programs in universities and other educational institutions.
The concept of Russian business law as a discipline is also characterized by the specifics of the subject. It, as in previous interpretations of the term we are studying, is complex. The subject of the relevant discipline is the theory and practice of legal science, the legislative process, as well as historical, sociological, economic and other types of research,related to problem areas in the legal regulation of the commercial sphere.