Subjects and objects of commercial activity. Test: Business entities

Explain the subjects and objects in commercial activities. Characterize the subjects in accordance with the international classification. Classify companies. Analyze the components of the classification in modern conditions.

Answer:

Based on the fact that the implementation of commercial operations is a management activity, it is assumed that there are entities carrying out it and objects to which this activity is directed.

Subjects of the CD– these are the parties entering into contractual relations for the purchase and sale of goods and the provision of services.

CD objects- this is what the commercial activities of the organization are aimed at (products, services, ideas, etc.).

According to the Civil Code of the Republic of Belarus (Article 46), economic entities by legal status can be commercial and non-profit organizations. Commercial are organizations that consider making a profit as the main goal of their activities and distribute it among participants. Non-profit are considered organizations that do not have the goal of making a profit and distributing it among participants (public, religious organizations (associations), charitable foundations, etc., which are created to achieve social, environmental, charitable, cultural, educational, spiritual goals).

In accordance with the international classification, subjects of commercial legal relations are divided into 4 groups:

1. Firm – This is a general name used in relation to many organizations (enterprises) engaged in commercial activities for the purpose of making a profit. F Irma – the name of a commercial or industrial enterprise that enjoys the rights of a legal entity that allow it to be distinguished from others.

2. Entrepreneurs' unions The goal of their activities is to represent and protect the rights and interests of their constituent groups of entrepreneurs in government bodies, to provide assistance and support in expanding their activities. They are created in the form of unions, associations, federations, etc. and can be sectoral, specific by occupation.

3. Government bodies – ministries, departments that are; representatives and defenders of the interests of their enterprises.

4. Public organizations – UN, EU and others, which implement various international, sectoral programs.

Classification of companies:

Individual entrepreneurs– physical persons engaged in entrepreneurial activities without legal education. persons from the moment of state registration as an individual entrepreneur.

Business partnerships and societies commercial organizations with a charter fund divided into shares (shares) between founders (participants) are recognized. Property created through the contributions of the founders, as well as produced and acquired by them in the process of economic activity, belongs to the partnership or company by right of ownership.

Limited Liability Company – a commercial organization established by two or more persons, the authorized capital of which is divided into shares of sizes determined by the founders. The participants of the company are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the limits of the value of the contributions made by them.

Additional liability company – a commercial organization established by two or more persons, the authorized capital of which is divided into shares of sizes determined by the founders. Participants of the company jointly and severally bear subsidiary liability for its obligations with their property within the limits determined by the constituent documents, but not less than the amount established by the legislative acts of the Republic of Belarus. In case of economic insolvency of one of the participants, his responsibility for the obligations of the company is distributed among the remaining participants in proportion to their contributions.

Joint-Stock Company – a commercial organization whose authorized capital is divided into a certain number of shares with the same par value. Shareholders are not liable for its obligations and bear the risk of losses associated with its activities to the extent of the value of the shares they own.

Concern – this is a permanent voluntary association of enterprises carrying out joint activities on the basis of centralizing the functions of scientific and technical development of investment, foreign economic activity, financing, etc.

Holding - This is a permanent voluntary association of enterprises formed when one joint-stock company acquires a controlling stake in other joint-stock companies for the purpose of financial control and receiving income from the capital invested in shares.

Syndicate – the main form of economic association, a temporary association of enterprises for joint marketing of products.

Trust – an association that is a single complex, the components of which lose their legal, economic and commercial independence.

7. Commercial service: levels, functions at various levels.

List the levels of organization of commercial activity and its management, characterize them. Name the business entities at the micro level in the trading industry, explain their functions. Analyze the functions of the Ministry of Trade and Belkoopsoyuz taking into account modern market standards.

Answer:

Commercial services, depending on their goals and objectives, have different structures and functions. In the conditions of market relations, there is a move away from unified organizational structures, as there is a need for their formation, taking into account adaptation to specific goals and objectives.

Levels of CD organization and management:

1. macro level (assigned to the Council of Ministers of the Republic of Belarus);

2. meso level (assigned to the Ministry of Trade of the Republic of Belarus);

3. micro level (assigned to business entities).

On macro level The task is to coordinate the actions of all participants in commercial activities, to create a mechanism for balancing their interests and a legal framework for effective work.

On micro level:

1. Functions of the commercial apparatus of a trading organization:

Studying market conditions, population demand in the area of ​​​​operation;

Justification of the need for goods for its retail facilities;

Management of commodity resources;

Carrying out contract work;

Implementation advanced technologies at retail facilities, their technical and material support;

Generating demand and stimulating sales;

Monitoring compliance with the legislative, regulatory framework, trade rules, consumer rights;

Ensuring profitable operations and competitiveness trade organization.

2. Functions of employees of a retail facility (store):

Studying the demand of the population in your area of ​​activity;

Study of competitors' retail facilities, their advantages and disadvantages;

Justification of batches and frequency of delivery;

Formation of a competitive, profitable assortment;

Product promotion domestic manufacturer, formation of a positive image of these goods;

Commercial work selling goods and providing services;

Managing the assortment, ensuring its updating taking into account demand, monitoring the availability of inventory, compliance with deadlines for the sale of goods, and the safety of their consumption;

Ensuring a high service culture;

Formation of a positive image of the store.

3. Wholesale functions are sold through suppliers-manufacturers and suppliers-intermediaries - wholesale organizations and unitary enterprises, wholesale intermediaries (distributors, brokers, brokerage houses, agents, dealers, etc.), organizers of wholesale turnover (wholesale fairs, auctions, commodity exchanges, wholesale and small wholesale markets, warehouse stores, etc.).

4. Functions of the commercial service of wholesale trade organizations:

1) functions ensuring procurement work:

Studying suppliers, selecting the most attractive ones;

Choosing the form of wholesale purchases and participating in them;

Pre-contract work;

Work on concluding contracts;

Organizing supplies, fulfilling contracts, monitoring this process;

Formation of an assortment model of a wholesale base;

Claim work together with the legal service,

2) functions providing wholesale sales:

Contractual work with buyers;

Managing the supply of goods to the retail network, uninterrupted provision of stores in the area of ​​​​operation in the required volume and within the agreed time frame;

Rationalization of delivery schemes and the delivery system as a whole;

Providing services to wholesale customers;

3) organizational and market functions:

Market research, analysis of its conditions;

Expanding the service area, searching for new suppliers and buyers;

Influence on production regarding the release of competitive goods in demand;

Formation of a set of popular services;

Development of a commercial strategy;

Ensuring the profitable operation of a wholesale trading organization and a stable competitive position in the market.

Functions of the Ministry of Commerce:

1. carrying out public policy in the field of trade, public catering;

2. coordination of the activities of all government. industry management bodies;

3. protecting consumer rights and ensuring compliance with quality and safety guarantees;

4. implementation of work on the formation of commodity resources for consumer market;

5. formation of modern commodity distribution networks, optimization of logistics flows;

6. creating conditions for growing demand for domestic products;

7. coordination of work on the development and effective use of innovative technologies and tools;

8. coordination of exhibition, fair, advertising and foreign trade activities;

9. consideration, within its competence, of complaints from citizens, including entrepreneurs;

Functions of Belkoopsoyuz:

1. management of the design documentation of all business entities of its system and the creation of effective relationships with other market entities;

2. protection of the interests of cooperative trade in higher authorities;

3. development of a strategy for the development of the trade industry of consumer cooperation;

4. management of procurement activities of business entities;

5. dissemination of best practices and new technologies in the trade industry;

6. interaction with industry in order to protect their own interests;

7. determination of the strategy for foreign economic activity;

In legal theory, a subject of law is usually understood as a person or organization that is endowed with the ability to have subjective rights and legal obligations (i.e., legal capacity). Based on the established understanding of the subject of law, subjects of commercial law are persons who have the ability to have rights and fulfill obligations arising from trade relations, participate in trade turnover and bear independent property liability. Defining species diversity subjects of commercial law, it should be noted that in modern legal literature there is no single, established approach to this issue. For example, in some publications, subjects of commercial law are divided into:

• - individual entrepreneurs;
• - full and limited partnerships;
• - limited and additional liability companies;
• - joint stock companies;
• - production cooperatives;
• - state and municipal enterprises;
• - non-profit organizations engaged in business activities.

In other publications, the main attention when classifying subjects of commercial law is given to determining not so much the legal (organizational and legal form) as functional type entrepreneur, determined by his place in trade turnover and the main content of his activity.

The classification of commercial entities according to functional characteristics is as follows:

• - product manufacturers selling products both independently and through representatives;
• - representatives of manufacturers, suppliers and resellers;
• - consumers;
• - entities that regulate and control trading activities.

The first group of citizens are registered individual entrepreneurs and commercial organizations that manufacture products and sell them independently. This group also includes non-profit organizations engaged in commercial activities. Carrying out such activities, they enter into trade relations and act as subjects of commercial law.

The second group of subjects of commercial law are representatives and resellers. Individual entrepreneurs and commercial organizations can act as intermediaries.

Among non-profit organizations, only those whose charter stipulates the ability to engage in trading activities can be intermediaries.

The third group of subjects of commercial law are consumers. In legal regulation, consumers, in turn, are divided into the following categories:

• - industrial consumers who use purchased goods, raw materials for their entrepreneurial activity;
• - non-productive consumers using purchased goods for economic non-entrepreneurial activities (non-profit organizations);
• - citizens purchasing goods for personal, family, household and other similar needs.

Depending on whether consumers belong to a particular category, for example, a limit on the liability of the supplier (seller) may be established, or the condition of the parties being at fault in case of non-fulfillment or improper performance of the contract may be applied.

The fourth group of subjects of commercial law are subjects that regulate and control trade activities. These include state and municipal entities, state bodies and local governments, commercial and non-profit organizations that regulate the activities of the divisions included in their structure, for example, associations of commercial organizations.

Legal entities that are commercial organizations can be created in the form of business partnerships and companies, production of these cooperatives and unitary enterprises. The constituent documents of a legal entity are its charter (joint stock company, production cooperative, unitary enterprise based on the right of economic management), constituent agreement (full and limited partnerships), constituent agreement and charter (limited liability company and additional liability company).

Commercial legal entities are subject to state registration in the manner prescribed by law. State registration data is included in the Unified State Register legal entities, open to the public. A legal entity is considered created from the moment of its state registration. The legal capacity of a legal entity is its ability to have rights and bear responsibilities as a participant in commercial activities. With regard to the legal capacity of non-profit organizations as participants in commercial activities, the rule on special legal capacity applies.

The institution of special legal capacity is also applicable to unitary enterprises, the charters of which, in addition to the information specified in paragraph 2 of Article 48 of the Civil Code, must contain information about the subject and purposes of the enterprise’s activities.

Business entities are divided into two groups: enterprises and organizations engaged in business activities, and buyers. The enterprise is the main link of the economy, the economic structure, and the subject of commercial activity.

Entrepreneurial activities in the Russian Federation can be carried out by citizens (individuals), as well as enterprises (legal entities). The status of an entrepreneur is acquired after state registration of a legal entity or individual. Without registration, business activities cannot be carried out. The rights, obligations, responsibilities and guarantees of entrepreneurs are regulated by national legislation. The laws of the Russian Federation guarantee:

* the right to engage in entrepreneurial activity, create enterprises, acquire property necessary for their activities; equal right of access of all subjects to the market, to material, labor, information and natural resources;

equal conditions for the activities of enterprises, regardless of the type of ownership and organizational and legal forms;

protection of enterprise property from illegal seizure;

* free choice of business area within established limits;

* preventing unfair competition among entrepreneurs and a monopoly position in the market for individual producers.

Entrepreneurial activities can be carried out with or without the formation of a legal entity. Entrepreneurial activity without forming a legal entity is carried out by a citizen - an individual entrepreneur who has passed state registration.

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

Signs of a legal entity:

* property separation, i.e. the presence of an independent balance sheet for commercial organizations or independent estimates for non-profit organizations. Property belongs to a legal entity by right of ownership or is under its economic or operational management;

* independent property liability, i.e. liability for its obligations with separate property;

* independent performance in civil transactions on one’s own behalf, the ability to enter into civil contracts (purchase and sale, supply, transportation, loan, lease, contract;

etc.) or otherwise acquire rights and bear obligations;

* organizational unity, i.e. the presence of an appropriate stable structure enshrined in the constituent documents.

An enterprise is an independent economic organization with the right of a legal entity, created in the manner prescribed by law, to produce products, perform work and provide services in order to meet public needs and make a profit.

An enterprise is a proprietary economic unit organized to achieve some economic goal, i.e. is an economic unit that:

* makes decisions independently;

* actually uses factors of production for the manufacture and sale of products;

* strives to generate income and achieve other goals.

Under production In a market economy, we mean any type of activity that generates income (PROFIT), regardless of whether they occur in the sphere of material production or in the service sector.

An enterprise is a commercial organization (production organization), i.e. an organization aimed at making a profit.

In this way, the enterprise differs significantly from non-profit organizations, i.e. organizations that do not pursue profit-making goals. Typically these include charitable and other foundations, associations, public associations, religious organizations, etc.

The study of the entrepreneurial activities of enterprises provides for their classification according to the following criteria.

1. By industry and type of economic activity:

* production, * construction, * trade, * scientific and production, etc.

2. By type of ownership: * state * municipal * private * mixed.

3. By character legal regime ownership: * individual, * collective, * with common shared ownership, * with common joint property.

4. By production capacity (enterprise size): * small * medium * large.

5. According to the predominant production factor: * labor-intensive, * capital-intensive, * material-intensive.

6. By ownership of capital and control over it: * national, * foreign, * mixed.

7. Depending on the limits of liability: * with full liability, * with limited liability.

8. According to the organizational and legal form of entrepreneurial activity: * general partnership, * limited partnership, * limited liability company, * additional liability company * joint stock company, * production cooperative, * unitary enterprise,

9. By type of product: * enterprises producing goods, * enterprises providing services.

Classification by type and nature of activity. First of all, enterprises differ from each other by belonging to one or another sector of the country’s economy - industry, construction, agriculture, transport, trade, supply and sales, financial sector, science and education, healthcare, culture, etc. (Note that international and Russian standards provide for the mandatory determination of industry affiliation when registering each business unit. For this purpose, the Russian Federation uses the “Russian Classifier of Industries National economy" The division of enterprises into industries occurs according to the purpose of the products produced, the nature technical base And technological process, the commonality of the raw materials used, the professional composition of the workforce, etc. For example, industrial enterprises base their activities on the production of goods (usually industrial enterprises include those with more than 50% of their turnover coming from the production of industrial products).

Trading enterprises are mainly engaged in the implementation of transactions for the purchase and sale of goods. They can either be part of the distribution system of large industrial enterprises, or exist independently legally and economically from other companies and carry out trade and intermediary operations.

Freight forwarding enterprises specialize in carrying out operations to deliver goods to the buyer, carrying out orders from industrial, trading and other companies.

Classification by enterprise size. The size of enterprises is usually determined primarily by the number of (employed) employees.

Based on the number of (employed) workers there are:

small - up to 50 employees;

average - from 50 to 500 (sometimes - up to 300);

large ones - over 500, including especially large ones - over 1000 employees.

Determining the size of an enterprise by the number of employees can be supplemented by other characteristics - sales volume, assets, profit received, etc.

The development of a small business has many important advantages:

* an increase in the number of owners, and therefore the formation of a middle class - the main guarantor of political stability in

democratic society;

* an increase in the share of the economically active population, which increases the income of citizens and smoothes out disparities in welfare

* various social groups;

* selection of the most energetic, capable individuals, for whom small business becomes the primary school of self-realization;

* creation of new jobs with relatively low capital costs, especially in the service sector;

* employment of workers released in the public sector, as well as representatives of socially vulnerable groups of the population;

* eliminating the monopoly of producers, creating a competitive environment;

* mobilization of material, financial and natural resources that would otherwise remain unclaimed, as well as their effective use (for example, small businesses mobilize small savings of citizens who are not inclined to resort to the services of the banking system, but are ready to invest money in their own enterprise).

Thus, it is difficult to overestimate the importance of small business development for our country, where the Federal Law “On State Support of Small Business in the Russian Federation” of June 14, 1995 defined the concept of a small enterprise (SE).

Small business entities are understood as commercial organizations in whose authorized capital there is a share of participation of the Russian Federation, constituent entities of the Russian Federation, public organizations, religious organizations, charitable and other bodies does not exceed 25%, the share owned by one or more persons who are not small businesses does not exceed 25%.

As can be seen from this norm, a mandatory requirement for small enterprises is the limited possibility of participation of other legal entities in the authorized capital of the small enterprise. Another indispensable condition for classifying an enterprise as small is the establishment of a maximum average number of employees: in industry, construction, and transport - 100; in agriculture, in the scientific and technical sphere - 60; in wholesale trade - 50; V retail trade and consumer services for the population - 30; in other industries and when carrying out other types of activities - 50 people.

The distribution of small enterprises (Table 1.1) by economic sector is characterized by the following figures" (Russia in numbers: Statistical collection of the State Statistics Committee of the Russian Federation. M.: Finance and Statistics, 1999).

As of January 1, 1999, there were 868,008 small enterprises operating in Russia. If we compare 1998 and 1997, their number has increased slightly.

Table 1.1. Distribution of small enterprises by industry

The second group of commercial entities is represented by consumers. It should be noted that consumers with their needs and demands are the focus of attention of all specialists from manufacturing and selling organizations, as well as transport, warehouse and other organizations.

In this regard, it is necessary to consider the concept of “consumer”, adopted in domestic and foreign practice, and also to show the specifics of commercial activity in the interaction of commodity experts with consumers.

The definition of the term “consumer” is given in the Law of the Russian Federation “On the Protection of Consumer Rights” (as amended by the Federal Law of January 9, 1996 No. 2-FZ): “Consumer is a citizen who intends to order or purchase, or who orders, purchases or uses goods (work, services) exclusively for personal (household) needs not related to making a profit” (Article 1).

The definition of this term in foreign practice is somewhat different. In MS ISO 9000-2001 “Quality management systems. Dictionary" given following definition term: “The consumer is the recipient of the products provided by the supplier.”

Thus, in contrast to the Russian definition of the term “consumer” as the final buyer in international practice, the consumer can be an external and internal recipient who uses the purchased product for final consumption purposes or for the production of new types of products or services.

The company's sales service interacts directly with the consumer. Their activities are aimed at the final result - the sale of goods, the component characteristics of which, in combination or individually, satisfy the needs of consumers.

To do this, it is necessary not only to create a product range taking into account real or predicted demand, but also to take part in sales promotion by positioning products to demonstrate their merits in comparison with other analogue products and/or competing companies. Only sufficiently complete knowledge of the product makes it possible to cope with the assigned tasks.

ST. PETERSBURG HUMANITIES UNIVERSITY

TRADE UNIONS

Krasnoyarsk branch

Specialty 021100

"jurisprudence"

Discipline: Commercial Law

Test

Topic: Business entities

Completed by: student 5-YUSO

Checked by: Nazarenko V.A.

Krasnoyarsk 2008

PLAN

1. Classification of commercial entities.................................... 5

2. Features of the legal status of individual entrepreneurs 8

3. Organizational and legal forms of commercial organizations....... 11

Full partnership......................................................... .................................. eleven

Partnership of Faith................................................................... .................................... 12

Limited Liability Company (LLC)............................................. 12

Additional liability company.................................................... 13

Joint Stock Company (JSC)................................................. ............................ 13

Production cooperatives................................................................ ................. 14

State and municipal unitary enterprises.................................... 16

Conclusion................................................. .......................................... 18

List of references............................................. 19

The totality of enterprises in the economy forms its own sector. As is known in a market economy, this sector takes the form of a sector of commercial organizations or a business sector.

Commercial entities are independent economic units of different forms of ownership that have pooled economic resources to carry out their commercial activities.

Commercial activity is understood as the activity of producing goods and providing services for third parties, individuals and legal entities, which should bring commercial benefits to the enterprise.

The commercial sector of the national economy usually includes a huge number of enterprises, which, for the purposes of economic analysis, are grouped according to a number of significant characteristics. The most common is the classification according to forms of ownership, size, nature of activity, industry affiliation, dominant factor of production, legal status.

The purpose of this work is to consider the various participants in commercial activities and the features of their legal status in the exercise of their rights and obligations.

In legal theory, a subject of law is usually understood as a person or organization that is endowed with the ability to have subjective rights and legal obligations (i.e. legal capacity). Based on the established understanding of the subject of law, subjects of commercial law are persons who have the ability to have rights and fulfill obligations arising from trade relations, participate in trade turnover and bear independent property liability. When determining the diversity of subjects of commercial law, it should be noted that in modern legal literature there is no single, established approach to this issue. For example, in some publications, subjects of commercial law are divided into:

Individual entrepreneurs;

Full and limited partnerships;

Limited and additional liability companies;

Joint stock companies;

Producer cooperatives;

State and municipal enterprises;

Non-profit organizations engaged in business activities.

In other publications, the main focus when classifying subjects of commercial law is on determining not so much the legal (organizational and legal form) as the functional type of entrepreneur, determined by his place in trade turnover and the main content of his activity.

The classification of commercial entities according to functional characteristics is as follows:

Manufacturers of products selling products both independently and through representatives;

Representatives of manufacturers, suppliers and resellers;

Consumers;

Entities that regulate and control trading activities.

The first group of citizens are registered individual entrepreneurs and commercial organizations that manufacture products and sell them independently. This group also includes non-profit organizations engaged in commercial activities. Carrying out such activities, they enter into trade relations and act as subjects of commercial law.

The second group of subjects of commercial law are representatives and resellers. Individual entrepreneurs and commercial organizations can act as intermediaries.

Among non-profit organizations, only those whose charter stipulates the ability to engage in trading activities can be intermediaries.

The third group of subjects of commercial law are consumers. In legal regulation, consumers, in turn, are divided into the following categories:

Manufacturing consumers using purchased goods and raw materials for their business activities;

Non-production consumers using purchased goods for economic non-entrepreneurial activities (non-profit organizations);

Citizens purchasing goods for personal, family, household and other similar needs.

Depending on whether consumers belong to a particular category, for example, a limit on the liability of the supplier (seller) may be established, or the condition of the parties being at fault in case of non-fulfillment or improper performance of the contract may be applied.

The fourth group of subjects of commercial law are subjects that regulate and control trade activities. These include state and municipal entities, state bodies and local governments, commercial and non-profit organizations that regulate the activities of the divisions included in their structure, for example, associations of commercial organizations.

Legal entities that are commercial organizations can be created in the form of business partnerships and societies, production cooperatives and unitary enterprises. The constituent documents of a legal entity are its charter (joint stock company, production cooperative, unitary enterprise based on the right of economic management), constituent agreement (full and limited partnerships), constituent agreement and charter (limited liability company and additional liability company).

Commercial legal entities are subject to state registration in the manner prescribed by law. State registration data is included in the Unified State Register of Legal Entities, open to the public. A legal entity is considered created from the moment of its state registration. The legal capacity of a legal entity is its ability to have rights and bear responsibilities as a participant in commercial activities. With regard to the legal capacity of non-profit organizations as participants in commercial activities, the rule on special legal capacity applies.

The institution of special legal capacity is also applicable to unitary enterprises, the charters of which, in addition to the information specified in paragraph 2 of Article 48 of the Civil Code, must contain information about the subject and purposes of the enterprise’s activities.

The legal capacity of legal entities, unlike citizens, even within the same organizational and legal form can be different. The legal capacity of a legal entity arises from the moment of its state registration. In addition, for certain types of activities determined by law, legal entities must obtain a special permit - a license.

According to current legislation, all legal entities, including business organizations, are divided into two large groups.

The first includes those business organizations that have general legal capacity. They may have civil rights and bear civil responsibilities necessary to carry out any type of business activity not prohibited by law. The circle of such legal entities includes commercial organizations (with the exceptions established by law. Making a profit for them is the main goal of their activity; they are professionally engaged in entrepreneurship. These include:

A general partnership is recognized as a partnership whose participants (general partners), in accordance with the agreement concluded between them, are engaged in entrepreneurial activities on behalf of the partnership and are responsible for its obligations and property belonging to them. Management of the activities of a general partnership is carried out by general agreement of all participants. As a rule, each participant in a general partnership has one vote. Participants jointly and severally bear subsidiary liability with their property for the obligations of the partnership.

General partnerships are typical primarily for agriculture and the service sector; As a rule, they are small enterprises whose activities are quite easy to control.

A limited partnership (limited partnership) is a partnership in which, along with the participants who carry out entrepreneurial activities on behalf of the partnership and are responsible for entrepreneurial activities on behalf of the partnership and are liable for its obligations with their property (general partners). There are one or more participant-investors (limited partners) who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of contributions made by them and do not take part in the partnership’s business activities.

Since this legal form allows one to attract significant financial resources through an almost unlimited number of limited partners, it is typical for larger enterprises.

Such a company is recognized as a company founded by one or several persons, the authorized capital of which is divided into shares determined by the constituent documents; LLC participants are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the limits of the size (value) of the contributions made by them. The authorized capital of an LLC is made up of the value of the contributions of its participants. An LLC has no public liability. This legal form is most common among small and medium-sized enterprises.

A company whose participants jointly and severally bear subsidiary liability for the obligations of the company with their property in the same multiple of the value of their contributions, determined by the constituent documents of the company itself. The characteristics of the liability of participants in an ALC determine the existence of this organizational and legal form of commercial organizations

A company whose authorized capital is divided into a certain number of shares is recognized as such; The participants of the joint-stock company (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the limits of the value of the shares they own.

A joint stock company whose participants can alienate their shares without the consent of other shareholders is considered open. Such a joint-stock company has the right to subscribe for shares issued by it and to sell them freely under the conditions established by law. An open joint-stock company is obliged to annually publish for public information an annual report, balance sheet, and profit and loss account.

A joint stock company whose shares are distributed only among its founders or other predetermined circle of persons is considered closed. The constituent document of a joint-stock company is its charter. The authorized capital of a joint-stock company is made up of the nominal value of the company's shares acquired by shareholders. The supreme management body of the JSC is the general meeting of shareholders. The advantages of the joint-stock form of organization of enterprises are: the ability to mobilize large financial resources; the ability to quickly transfer funds from one industry to another; the right to freely transfer and sell shares, ensuring the existence of companies, regardless of changes in the composition of shareholders; limited liability of shareholders; separation of ownership and management functions. Legal form joint stock company is preferable for large enterprises where there is a great need for financial resources.

A production cooperative (artel) is a voluntary association of citizens on the basis of membership for joint production activities based on their personal labor and other participation and the association of property shares by its members (participants). In Russia they were known as artel partnerships.

A production cooperative is a commercial organization. The founding document of a production cooperative is its charter, approved by general meeting its members. The number of members of the cooperative should not be less than five. The property owned by the PC is divided into shares of its members in accordance with the charter of the cooperative. The cooperative does not have the right to issue shares. A member of the cooperative has one vote when making decisions at the general meeting.

A special type of commercial organizations are subsidiaries and dependent business companies. A business company is recognized as a subsidiary if another (main) business company or partnership, by virtue of a predominant participation in its authorized capital, or in accordance with an agreement concluded between them, or otherwise has the opportunity to determine the decisions made by such company. A business company is recognized as dependent if another (predominant, participating) company has more than 20% of the voting shares of the joint-stock company or 20% of the authorized capital of the limited liability company.

The second group includes legal entities - holders of special legal capacity. The essence of special legal capacity is that its holders can have only those civil rights that correspond to the goals of the activity provided for in their constituent documents, and bear the responsibilities associated with this activity. This group consists of:

a) commercial organizations that, as an exception to the general rule, do not have general legal capacity (state and municipal unitary enterprises and other types of organizations provided for by law, for example banks, insurance organizations). Unitary enterprises, as well as other commercial organizations in respect of which special legal capacity is provided, do not have the right to enter into transactions that contradict the goals and subject of their activities, defined by law or other legal acts. Such transactions are void.

The state and other public legal entities, as subjects of commercial law, have legal capacity and legal capacity. Moreover, the legal capacity of these subjects in the field of commercial law as part of civil law is special.

The state and administrative-territorial entities should be classified as special, distinct from citizens and legal entities, participants (subjects) of commercial legal relations.

A unitary enterprise is a commercial organization that is not endowed with the right of ownership to the property assigned to it by the owner.

Some enterprises (the majority of them) own property under the right of economic management, while others – under the right of operational management. The legislation establishes types of activities that can be carried out exclusively by state enterprises (production of weapons and ammunition, narcotic and nuclear substances, processing of precious metals and radioactive elements, etc.).

b) non-profit organizations (making profit is not their main goal, and the profit received is not divided between the participants of the organization). These include: consumer cooperatives (they are the only type of non-profit organization in which income received from business activities is distributed among its members); public or religious organizations (associations) financed by the owner of the institution; charitable and other foundations; other organizational and legal forms provided for by law. In particular, the Federal Law “On Non-Profit Organizations” of January 12, 1996. two such forms have been introduced: non-profit partnership and autonomous non-profit organization.

Non-profit organizations can be created to achieve social, charitable, cultural, educational, scientific and managerial goals, to protect the health of citizens, develop physical culture and sports, satisfy the spiritual and other non-material needs of citizens, protect the rights and legitimate interests of citizens and organizations, resolve disputes and conflicts, providing legal assistance, as well as for other purposes aimed at achieving public benefits. It must be emphasized: non-profit organizations can carry out entrepreneurial activities only insofar as it serves the achievement of the goals for which they were created and is consistent with these goals. Such activities include the profit-generating production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as an investor. A non-profit organization keeps records of income and expenses for business activities.

Even a brief legal description of legal entities, including individual entrepreneurs, indicates that they are the main driving force reforming Russian economy.

In legal regulation and in practice, in order to avoid errors in determining the status of commercial entities and misunderstandings in the relationship with them of state authorities and local governments, it is necessary to correctly understand the relationship between commercial activity and related activities, in particular entrepreneurial activity. Commercial activity is an ambiguous concept. In the narrow sense of the word, it means carrying out trade, for example, retail purchase and sale. In a broad sense (and this is enshrined in legislation), commercial activity refers to activities that set profit as their main goal.

Thus, all commercial activity is entrepreneurial, but not all entrepreneurial activity is commercial. Their difference in the goals of activity: “systematic profit-making” characterizes entrepreneurial activity, and “the main goal is profit-making” – commercial activity.

A clear distinction between entrepreneurial and commercial activities, as well as distinguishing them from other non-entrepreneurial activities, is of important practical importance. The law makes the possibility of the emergence and functioning of certain legal relations directly dependent on the corresponding status of the parties - subjects of commercial or other activities. Knowledge of the legal status of the subject allows one to prevent offenses in this area of ​​relations.

1. Constitution of the Russian Federation.M., 2005.

2. Civil Code of the Russian Federation. M., 2006.

3. Commentary on the Civil Code of the Russian Federation, part two (article-by-article). / Edited by O.N. Sadikova.M., 1998.

5. Golyshev V.G. Commercial law: Lecture notes. M., 2005.

6. Commercial law: Textbook / A.Yu. Bushev, O.A. Gorodov, N.S. Kovalevskaya and others; Ed. V.F. Popondopulo, V.F. Yakovleva. – St. Petersburg, 1997.

7. Commercial law of the Russian Federation: Textbook / B.I. Puginsky. - 3rd ed. – M., 2005.

8. Commercial law. Textbook. Part 2 / Ed. V.F. Popondopulo, V.F. Yakovleva. – M., 1998.

9. Stankevich N.G. Commercial law. Grodno, 2002.

10. Subjects of civil law. – M., 1984.

11. Sukhanov E.A. Production cooperative as a legal entity // Economy and Law. – 1998. – No. 4.

12. Shershenevich G.F. Textbook of commercial law. – M., 1994.

13. encyclopedic Dictionary legal knowledge.M. 1965.

Encyclopedic dictionary of legal knowledge. M. 1965. P. 447.

Commercial Law: Textbook / A.Yu. Bushev, O.A. Gorodov, N.S. Kovalevskaya and others; Ed. V.F. Popondopulo, V.F. Yakovleva. – St. Petersburg, 1997. P. 88.

Golyshev V.G. Commercial law: Lecture notes. M., 2005. P. 9.

Article 113 of the Civil Code of the Russian Federation.

Sukhanov E.A. Production cooperative as a legal entity // Economy and Law. – 1998. – No. 4.

Subjects of civil law. – M., 1984. P.270.

Trade turnover is a system of relations between participants in civil turnover in the field of trade; in this sense, the subjects of trade turnover are functional elements this system. Trading companies or individual traders are considered as the main subject of trade turnover. Taking this into account, in many countries where trade law exists as an independent branch and trade activities are codified, when determining the subjects of commercial relations in the literature on commercial law, the concept of “merchant” is known.

Foreign legislation makes a clear distinction in regulating the activities of merchants and non-merchants, respectively. These distinctions primarily apply to countries of the continental legal system such as France, Germany, Spain and Belgium, as well as to a number of Latin American and other states of the Romano-Germanic legal system. Legislation of states with unified system private law, in particular the USA and England, as well as countries of the English legal system, such as Italy, the Netherlands, Switzerland and some others, as a rule, the formal legal concept of a merchant and a trade transaction is unknown. By definition B.I. Puginsky, a merchant can be called any person who trades goods in the form of entrepreneurship. In the broad sense of the word, any entrepreneur is a businessman. It is this understanding of commercial activity and the merchant that is embedded in the commercial codes of a number of states. Yes, Art. L.121-1 of the French Commercial Code defines: “Businessmen are persons who carry out commercial acts in the course of their ordinary professional activity". A detailed list of types of business activities engaged in by merchants is contained in the first section, “Businessmen,” of Book One, “The Merchant Class,” of the German Commercial Code.

In the USA, the Uniform Commercial Code (UCC) in art. 2-104 defines a merchant as a person who transacts in goods of a particular kind or who may be considered to have special knowledge and experience regarding the subject matter of the transaction by his occupation, conduct, or use of an intermediary. By general rule due to the lack of necessary knowledge and skills regarding the subject of the transaction in relations with the merchant, the non-merchant as weak side contract, due to the general legal requirements of equality and fairness, is provided with increased protection by the state.

The systematization of the types of subjects of commercial law can be continued by proposing their classification according to the items of trade: 1) universal subjects of commercial law that can carry out any commercial activity without restrictions; 2) oriented subjects of commercial law that deal directly with a certain type of product or carry out a narrowly focused type of activity (for example, enterprises that procure agricultural products, gas storage facilities, transport organizations, insurers, etc.); 3) specialized subjects of commercial law, whose activities require special permission (for example, licensing). Such entities include persons engaged in trade in medicines and narcotic drugs, weapons, pesticides, and others. Specialized subjects of commercial law also include state and municipal entities that act in commercial transactions with control and supervisory functions.

Subjects of commercial law can also be systematized according to the organizational and legal form in which they carry out their activities: 1) individual entrepreneurs; 2) peasant farms; 3) business partnerships; 4) business entities; 5) consumer cooperatives; 6) subjects of the Russian Federation; 7) territorial and municipal entities; 8) associations of commercial entities of various organizational and legal forms: simple partnerships; artels, consortia, syndicates, guilds, pools; associations and unions, holdings; trading houses.

Of greatest importance is the classification of commercial entities in accordance with the system of commercial contracts.

In the legal literature, great importance is attached to the differentiation of civil contracts into types, types and varieties. As a general rule, the type of agreement is a chapter in the Civil Code of the Russian Federation, for example Ch. 30 - "Purchase and sale". The type of contract is the corresponding paragraph in the chapter, for example § 3 - “Delivery of goods”. In the legislation of foreign countries, trade agreements are classified according to two main criteria: 1) according to the content of the obligation, providing for the alienation of goods for compensation (France, Spain); 2) based on its conclusion by a merchant (Germany, Japan). The division of commercial contracts into corresponding types in the Russian Federation is based on other criteria, based on the legal and economic classification of civil contracts established by the Civil Code of the Russian Federation. As stated above, the main qualifying feature of any commercial transactions is their direct connection with the material condition of the contracts on the subject - goods. The object of a commercial contract, which represents the activity of the obligated parties to the contract expected at the conclusion of the contract, may have different contents. However, not all types of contracts named in the Civil Code of the Russian Federation can be classified as commercial contracts. Contracts that do not mediate the movement of goods in wholesale markets cannot be classified as commercial contracts.

On the other hand, in commercial turnover the number of transactions (agreements) not mentioned in the Civil Code of the Russian Federation, but directly related to trade turnover, is increasing. This trend is called the “commercialization of trade.” Among these types of agreements are wholesale purchase and sale agreements, agreements for the production of advertising products, for the provision of marketing services, commercial intermediation and commissions, and others.

1. The basis of commercial turnover is the resale of goods for speculative purposes (i.e. for the purpose of making a profit). This is achieved by transferring the product from one wholesaler to another up to the wholesale consumer who sells the product to the final consumer in the retail market. The transfer of ownership of goods is carried out on the basis of alienation agreements, the central of which is the purchase and sale agreement as a genus and some of its types. The possibility of using certain types of sales contracts in commercial transactions is influenced by several factors:

1) features of the subject composition of the agreement, excluding it from a number of commercial agreements. For example, in a retail purchase and sale agreement, the buyer is a citizen-consumer, and not a professional entrepreneur, which does not allow this type of agreement to be classified as a commercial agreement. This does not mean that commercial law should not take into account the interests of end consumers. Consumer rights must be respected not only at the stage of sale of finished goods, but also at the stage of production and wholesale sales of goods;

2) the need to individualize some objects of civil rights makes it impossible for them to participate in wholesale circulation. On this basis, for example, a rent agreement, also related to alienation agreements, cannot be recognized as a commercial agreement;

3) in addition to individualization, in some cases it is necessary to carry out registration actions in relation to the material condition of the subject of the contract on the basis of Art. Art. 130 and 131 of the Civil Code of the Russian Federation, which does not allow the wholesale sale of certain types of objects of civil rights. For this reason, contracts for the purchase and sale of real estate and the purchase and sale of an enterprise cannot be classified as commercial contracts;

4) the specificity of the legal regime for organizing the sale of certain types of goods, in particular the application to purchase and sale agreements of the rules of monopoly legislation, state regulation of prices, the establishment of a number of regulations and rules when carrying out purchase and sale transactions so sharply limit the freedom of entrepreneurship that it does not allow classifying some types such contracts are included in the number of commercial contracts (for example, an energy supply contract).

Based on this, commercial alienation agreements can be considered: supply agreement, contracting agreement, barter agreement. This group also includes some contractual structures not mentioned in the Civil Code of the Russian Federation, for example, distribution agreements and dealer agreements.

The transfer of property for temporary use, aimed at making a profit and carried out by professional entrepreneurs, corresponds to most of the characteristics of commercial contracts, except for one thing - the purpose of the contract. The main purpose of any commercial contract is ultimately the resale of goods, i.e. his alienation. The transfer of property for temporary use is not intended to alienate the property and involves its return to the owner. Therefore, lease, trust, and loan agreements cannot be classified as commercial contracts.

2. In civil circulation, there is a special type of service provision, which is associated with the implementation of representative or intermediary functions by one of the parties to the contract.

A number of civil contractual structures, the object of which is the performance of work, as a legal result presuppose the emergence or transformation of material goods, which are a necessary element for the promotion of goods in wholesale markets. Such works include technological work(for example, for setting up and configuring goods), marketing research, assuming as a result specific product research of commodity markets, rigging work, work on the production of advertising products. However, not all types of work provided for by the Civil Code of the Russian Federation can be regarded as commercial contracts. For example, household and construction contracts are not directly related to the function of promoting goods in markets, so they should not be classified as commercial contracts. The same applies to contract agreements for state and municipal needs, as well as the performance of research and development work and the development of new technologies.

4. Such an important category of commercial transactions as stock exchange transactions should be classified separately. Depending on the specifics of the supply of goods during exchange trading, transactions may be concluded in relation to real goods, non-standard contracts for the supply of goods, real goods with deferred delivery (forward transactions), standard contracts for the supply of exchange goods (futures transactions), transactions related to the assignment rights to the future transfer of rights and obligations in relation to a commodity or a contract for the supply of a commodity (option transactions).

5. A special type of commercial contracts are contracts whose legal purpose is to organize trade. Such transactions include agreements organizing the coordinated sale and supply of goods, agreements between executive authorities and commercial organizations, agreements on interregional supplies of goods, agreements between auction organizers (exchanges or trading systems) with potential or actual sellers of goods.

Therefore the most common is functional classification subjects of commercial law on the object of commercial activity (object of commercial legal relationship). On this basis, four groups of commercial entities can be distinguished.

1. Sellers and buyers of goods (the main subjects of trade). In addition to wholesalers, the number of sellers also includes manufacturers who sell manufactured goods and are obliged to comply with general requirements for trading activities (the procedure for accounting and registration of goods). In addition to wholesale buyers, the circle of buyers also includes entities purchasing goods for production and other purposes. Such buyers act as “passive” participants in trade turnover.

2. Resellers: commission agents; agents; attorneys; stock brokers; broker intermediaries; traveling salesmen.

3. Persons serving trade (service entities), among which are: commodity warehouses; transport forwarders; insurers; carriers, etc.

4. Organizers of the commodity market (coordinating entities), represented by commodity exchanges, wholesale and retail markets, chambers of commerce and industry, executive and municipal bodies exercising functions to influence trade, etc.

State registration of commercial entities

Paragraph 3, paragraph 1, art. 2 of the Civil Code of the Russian Federation provides for the need for state registration of any persons carrying out. This is due to the need for the state to exercise control and supervisory functions over trade entities in order to protect participants in commercial relations, producers and consumers of goods from possible violations of their rights and ensure their timely and effective protection. Legal regulation of state registration of subjects of commercial law is carried out on the basis of Federal Law of August 8, 2001 N 129-FZ “On state registration of legal entities and individual entrepreneurs”. State registration of trading entities is a necessary tool regulating their legal activities in trade. Such registration should be of a notification nature and not mandatory.

State registration of legal entities and individual entrepreneurs - acts of the authorized federal executive body, carried out by entering into state registers information on the creation, reorganization and liquidation of legal entities, acquisition by individuals of the status of individual entrepreneur, termination by individuals of activities as individual entrepreneurs, other information about legal entities and individual entrepreneurs in accordance with the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”.

Registration of trade entities makes it possible to determine: 1) groups and number of participants in trade turnover; 2) interaction of subjects of commercial law; 3) mutual control in the process of carrying out business activities; 4) information about the specifics of activity and turnover volumes.

State registration of legal entities and state registration of individuals as individual entrepreneurs is carried out by the federal executive body authorized by the Government of the Russian Federation. According to clause 1 of the Regulations “On the Federal Tax Service”, the service is an authorized federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) farms, and in accordance with clause 5.5.6 of the Regulations it conducts in accordance with the established procedure, the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs. The maximum single period of state registration for legal entities and individuals as individual entrepreneurs cannot exceed more than five working days from the date of submission of documents to the registration authority.

All necessary information will be transmitted to these departments by the Tax Inspectorate, based on information from the registers of legal entities and private entrepreneurs. Business entities themselves simply need to have a certificate of registration and tax registration in order to open bank accounts.

Non-profit organizations as subjects of commercial law

Depending on the purpose of their activity, subjects of commercial law can be divided into: commercial organizations, the purpose of which is the systematic extraction of profit from the sale of goods or the provision of services associated with the purchase and sale, and non-profit organizations, the purpose of which is not the systematic extraction of profit from these actions, not distributing this profit between their participants (Article 50 of the Civil Code of the Russian Federation).

The legal category “non-profit organization” is quite young and progressive for Russian civil law. For the first time, the term “non-profit” was consolidated in the Fundamentals of Civil Legislation of the USSR and the Republics of May 31, 1991.

The further formation of a sub-institute of non-profit organizations and the creation of mechanisms for its legal regulation are enshrined in Art. 50 parts of the first Civil Code of the Russian Federation. V.V. Zalessky pointed out that “the division into commercial and non-profit organizations makes it possible to ensure a clear direction for public, charitable and other similar activities through the special legal capacity of non-profit organizations. On the other hand, the general legal capacity of commercial organizations corresponds to the main purpose of their existence - making profit by any non-illegal methods.”

Commercial organizations are formed mainly in the form of business partnerships and societies. Article 50 of the Civil Code of the Russian Federation establishes an exhaustive list of types (organizational and legal forms) of commercial organizations. The types (organizational and legal forms) of non-profit organizations are defined in the Civil Code of the Russian Federation, Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” and other federal laws.

B.I. Puginsky notes that “the possibility of participation of commercial and non-profit organizations in trade turnover, i.e. their commercial legal capacity, is not the same. Commercial organizations, as well as individual entrepreneurs, can fully participate in trade turnover. Non-profit organizations participate in trade circulation to a limited extent. Such organizations may acquire the necessary material resources and have the right to sell the products they produce. However, they have the right to sell goods only in accordance with the statutory goals of their activities, and not engage in trade at all. They do not have the right to enter into supply contracts as suppliers and can only enter into contracts when selling goods purchase and sale.

Significant restrictions are also established for such organizations when licensing to engage in special types of activities, obtaining export licenses and quotas, concluding foreign trade contracts and in other aspects."

Clause 3 of Art. 50 of the Civil Code of the Russian Federation, non-profit organizations are granted the right to carry out entrepreneurial activities insofar as this serves the achievement of the goals for which they were created and corresponds to these goals. It is not limited to any list. Federal Law No. 7-FZ “On Non-Profit Organizations” establishes for non-profit organizations of various organizational and legal forms different requirements to possible entrepreneurial activities in accordance with its goals. When committing non-profit organization actions contrary to its goals, it may be given a warning in writing by the body carrying out state registration of legal entities, or the prosecutor may submit a proposal to eliminate violations on the basis of Art. 33 of the Federal Law "On Non-Profit Organizations".

7. State control and supervision bodies in the field of standardization, ensuring uniformity of measurements and mandatory certification carry out their activities in the manner determined by the Federal Agency for technical regulation and metrology, taking into account the provisions of the Federal Law "On the protection of the rights of legal entities and individual entrepreneurs during state control (supervision) and municipal control", by the following bodies and organizations that make up the state control system:

1. Federal Agency for Technical Regulation and Metrology represented by structural unit, whose jurisdiction includes issues of organizing and conducting state control and supervision;
2. federal government agencies, administered by the Federal Agency for Technical Regulation and Metrology;
3. organizations with the status of a state scientific metrological center, which are under the jurisdiction of the Federal Agency for Technical Regulation and Metrology and carry out state metrological control.

State control and supervision in the field of standardization, ensuring uniformity of measurements and mandatory certification includes:

1. state control and supervision of compliance by commercial entities mandatory requirements state standards to goods;
2. state control and supervision of compliance by inspected entities with the rules of mandatory certification and certified goods;
3. state supervision over compliance with the legislation of the Russian Federation during the accreditation of organizations assessing the conformity of goods with established quality and safety requirements;
4. state metrological supervision over the production, condition and use of measuring instruments, certified measurement methods, standards of units of quantities, compliance with metrological rules and regulations, the number of goods alienated during trade operations, the number of packaged goods in packages of any type during their packaging and sale;
5. state metrological control, including approval of the type of measuring instruments, verification of measuring instruments, including standards, licensing of activities for the manufacture and repair of measuring instruments.

8. State supervision and control bodies in the field of quality and safety assurance food products, materials and products in contact with food and used for the manufacture, packaging, storage, transportation, sale of food products, perfumes and cosmetics, products and products for oral hygiene and tobacco products are:

1. Federal Medical and Biological Agency;
2. federal Service for supervision in the field of consumer rights protection and human well-being (Rospotrebnadzor);
3. Federal Agency for Technical Regulation and Metrology;
4. Federal Service for Veterinary and Phytosanitary Surveillance (Rosselkhoznadzor).

State supervision and control over compliance with the legislation of the Russian Federation in the field of ensuring the quality and safety of food products includes control over:

1. compliance with the requirements of state standards, state sanitary and epidemiological rules, norms and hygienic standards and veterinary rules, norms and rules of veterinary and sanitary examination for the storage of food products, their transportation and sale, as well as the disposal or destruction of low-quality, dangerous products;
2. compliance with sales rules individual species goods in the field of public catering;
3. compliance with the procedure established by the legislation of the Russian Federation for confirming the conformity of food products with the requirements of regulatory documents;
4. implementation of sanitary-anti-epidemic (preventive), veterinary-sanitary and anti-epizootic measures aimed at preventing the occurrence, spread and elimination of infectious and non-infectious diseases (poisonings) of people associated with the consumption (use) of food products, as well as animal diseases common to animals and person.

9. The Federal Antimonopoly Service (FAS Russia) is an authorized federal executive body that exercises the functions of adopting regulatory legal acts and monitoring compliance with antimonopoly legislation, legislation in the field of activity of commercial entities, as well as monitoring the placement of orders for the supply of goods for federal government needs.

10. The Federal Tariff Service (FST of Russia) is a federal executive body authorized to carry out legal regulation in the field of state regulation of prices (tariffs) for goods (services) in accordance with the legislation of the Russian Federation and control over their application, with the exception of price regulation and tariffs related to the powers of other federal executive bodies, as well as the federal executive body for the regulation of natural monopolies, which carries out the functions of determining (establishing) prices (tariffs) and exercising control over issues related to the determination (establishment) and application of prices (tariffs) ) in the areas of activity of subjects of natural monopolies. The FTS of Russia establishes and regulates prices and tariffs for electrical and thermal energy(capacity), for gas and its transportation, for freight rail transportation, for the transportation of oil and petroleum products via main pipelines, for services of transport terminals, ports, airports, etc.

11. The Federal Customs Service is an authorized federal executive body that, in accordance with the legislation of the Russian Federation, carries out the functions of developing state policy and regulatory legal regulation, control and supervision in the field of customs affairs. The functions of the Federal Customs Service of Russia in commercial circulation are reduced to: 1) maintaining registers of persons carrying out activities in the field of customs affairs; 2) determining the procedure for controlling the customs value of goods; 3) establishing the form and procedure for making preliminary decisions on the classification of goods in accordance with the Commodity Nomenclature of Foreign Economic Activity in relation to a specific product, on the country of origin of the product; 4) determining the procedure and technology for customs clearance depending on the types of goods transported through customs border, the type of transport used for such movement; 5) identifying categories of persons moving goods and vehicles.

12. The Federal Service for Regulation of the Alcohol Market (Rosalkogolregulirovanie) exercises the following powers:

1. establishes the procedure for organizations to submit notifications when purchasing ethyl alcohol for the production of alcohol and alcohol-containing products and (or) use for their own needs, as well as when supplying ethyl alcohol, bulk alcohol-containing products with an ethyl alcohol content of more than 60% of the volume finished products;
2. adopts acts establishing minimum prices for vodka, liquor and other alcoholic products with a strength of over 28%, produced on the territory of the Russian Federation or imported into the customs territory of the Russian Federation;
3. determines the norms of natural loss in production and turnover (with the exception of retail sales) ethyl alcohol, alcoholic and alcohol-containing products;
4. establishes the procedure for the acquisition and recording of federal special stamps, as well as the destruction of unused, damaged and non-compliant federal special stamps;
5. generates a list of information about labeled alcoholic products;
6. determines the procedure for assessing the reliability of recording volumes of production and turnover (except for retail sales) of ethyl alcohol, alcoholic and alcohol-containing products;
7. carries out licensing in accordance with the legislation of the Russian Federation of activities in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products;
8. issues federal special stamps for labeling alcoholic products produced on the territory of the Russian Federation;
9. exercises state control over the production, turnover, quality and safety of ethyl alcohol, alcoholic and alcohol-containing products, etc.