Entrepreneurship as a whole does not have any universal self-regulation mechanism that would allow it to operate successfully in all areas. A mechanism designed for one sector of the economy cannot ensure the functioning of the economy as a whole.

In all economic systems, the state regulates the economy.

The determining role of the state in stimulating and regulating entrepreneurship is traditional for Russia.

The state has always actively intervened in the activities of an entrepreneur, never acting as an outside observer or arbiter.

The need for government influence is determined by such requirements for protecting public interests as:

ensuring state and public needs, priorities in economic and social development;

formation of the state budget;

protection environment and use of natural resources;

ensuring employment of the population;

ensuring the security and defense of the country;

implementation of freedom*of entrepreneurship and competition, ensuring protection from monopolism;

compliance with law and order in the foreign economic activities of entrepreneurs and foreign investment.

8 Predprshshmai "i.".i'skoe prano

The Constitution of the Russian Federation obliges state and local government bodies to use all available material, financial and organizational opportunities to establish and develop entrepreneurship on the basis of law and legality, to prevent and eliminate illegal manifestations in it. The provisions provided by law and created by practice forms and methods, which are divided into two groups.

The first group consists of forms and methods that apply to business organizations created by state and local government bodies, respectively, on the basis of state and municipal property. The specificity of this group of forms and methods is that they reflect the subordination of relationships between power structures and their subordinate subjects entrepreneurial activity. Thus, commercial organizations in the organizational and legal forms of state or municipal unitary enterprises are created by decision of an authorized state body or local government body. These bodies approve their constituent documents - charters. The body of a unitary enterprise is the manager, who is appointed by the owner or a body authorized by the owner and is accountable to him. Local government bodies determine the goals, conditions and procedures for the activities of enterprises, institutions and organizations that are municipally owned, regulate prices and tariffs for their products (services), appoint and dismiss the heads of these enterprises, institutions and organizations, and hear reports on their activities.

Relations between local government bodies and the heads of enterprises, institutions, and organizations that are municipally owned are built on a contractual basis in accordance with labor legislation. There are no special difficulties or legal problems in the relations between state bodies and local governments and the business structures created by them. Success depends on the initiative of both parties: one - on the ability to manage, the other - on the ability to manage.

The second group of forms and methods of influence is applied to business organizations that are not state or municipal property.

Some of the methods in this group are administrative and legal. We are talking about state registration of business entities, licensing of certain types of activities, registration and issuance of patents for intellectual property.

It should be noted the increasing relevance of control by state and municipal bodies over compliance with the rule of law in the activities of business entities. However, the activities of regulatory authorities are complicated by defining the boundaries where official or commercial secrets begin, beyond which they are not allowed to penetrate.

Regulation of business activity is a state-legal influence on business entities with the aim of preventing, changing or terminating economic activity or maintaining it in an appropriate state. For example, a ban on certain types of economic activity (in the form of a ban on the construction of environmentally harmful facilities).

Entrepreneurial activity is carried out taking into account a large number of acts that determine the regulatory capabilities of public authorities and management. It is necessary that government influence be carried out only on the basis of the relevant legal norm.

All types of government influence have the legal form of an act, i.e. clothed in the established form of action of a government or management body, with which legal consequences are associated. These acts have their own name, purpose, and content. Outside of this legal form, state influence does not exist.

Among the permitting acts, one can highlight the system of license permits.

Licenses as permitting acts are used in a number of types of business activities.

An act of control is an action of an authorized state body that fixes, in accordance with the law, a certain legal status of an economic entity, on the basis of which its subsequent business activities should be carried out. All types of control are current and subsequent in nature.

The state exercises control over the state and development of the economy through in various ways: fiscal, as well as through direct intervention.

Fiscal policy is the management of the economy through taxes and government investment.

Taxes are mandatory gratuitous payments (contributions) established by law and carried out in a certain amount and within a certain period.

Taxes are credited to the budget of the appropriate level and are depersonalized there. In this they differ from all kinds of fees, which, although also included in the budget, should be used only for the purposes for which they were collected.

By collecting taxes, the state receives large cash, which allows it to pursue an independent investment policy. Government investments and orders create a guaranteed market, ensuring stable sales of products to firms receiving government orders and their partners. The state applies the following methods of regulation: allocating budgetary allocations to finance targeted investment programs, changing tax rates on invested profits, maneuvering the level and conditions of interest on government loans.

Based on legislation, the state can regulate entrepreneurship by making certain economic decisions. It also acts as a large economic entity directly involved in the market economy. The state regulates the market economy not only as a force external to it, but also as a direct participant in production and commercial operations. The direct impact of the state on the economy is carried out through subsidies.

Subsidies are amounts of money allocated from the state budget to overcome industry crises. Subsidies are provided to enterprises whose products are of social, national economic or defense significance, but the costs of their production make production unprofitable. Through subsidies, the state maintains relatively low prices for certain types of goods.

Over the years of market reforms, the state has intensified efforts to establish, support and develop small businesses. In July 1995, the Federal Law “On State Support of Small Businesses in Russian Federation“, at the beginning of 1996, the Federal Law “On a simplified system of taxation, accounting and reporting for small businesses” came into force.

The Federal Law “On State Support of Small Business...” establishes the forms and methods of state stimulation and regulation of the activities of all small businesses, regardless of the subject and goals of their activities and forms of ownership.

State support for small businesses is implemented in the following areas:

Formation of infrastructure for support and development of small businesses;

creation of preferential conditions for the use of state financial, material, technical and information resources, scientific and technical developments and technologies;

establishing a procedure for registering small businesses, licensing their activities, certifying their products, providing statistical and accounting reports;

support for anti-economic activities of small businesses, including assistance in the development of their trade, scientific, technical, production, and information relations with foreign countries;

organization of training, retraining and advanced training of personnel for small businesses.

An important measure of state support for small businesses is the establishment of state guarantees for the production and marketing of their products. The Government of the Russian Federation and the executive authorities of the constituent entities of the Federation reserve a certain share of orders for the production of certain types of products, goods and services for government needs and place them among small businesses.

It should be noted that small businesses, due to their small capabilities, are in dire need of close relationship and interaction with such organizations. And here the support of the state is invaluable. Authorities are obliged to provide assistance in organizing unions (associations) of small businesses created in the prescribed manner as public associations in order to ensure the most favorable conditions for the development of small business, protection of its interests in government bodies, and fair competition.

State regulation is a set of measures of legislative, executive and judicial authorities, as well as control functions carried out on the basis of regulatory legal acts government agencies and public organizations in order to stabilize the existing socio-economic system. State regulation in the business sector is divided into:

1) indirect, which is a system of benefits and taxes; pricing policy, regulation of employment, professional training; influence on infrastructure development, information support, etc.;

2) direct. This includes regulation of financial activities, environmental, sanitary, fire safety, weights and monetary units, product quality, as well as its certification.

State intervention in the sphere of entrepreneurial activity of economic entities is due to certain circumstances:

1) prevention of environmental disasters and solutions environmental problems, generated by the freedom of choice of subjects in the sphere of economic activity;

2) combating the criminalization of business relations;

3) preventing economic crises and social upheavals;

4) control over the use of national resources;

5) social protection of the least well-off segments of the population.

The main directions in state regulation of market relations include:

1) establishing market development goals. State legislation indicates only general guidelines for development, and citizens are free to act in accordance with the principle: everything that is not prohibited is permitted. Prohibitions are established for those purposes that are by their nature inhumane and unnatural;

2) consolidation and guarantee of all forms of ownership and their equality by state legislation. There are two forms of management in society, state management and public management (through parties, trade unions, etc.). Public administration in a broad sense is the management of the affairs of society through legislative, executive and judicial authorities; and in a narrow sense, this is the activity of executive authorities.

Methods government regulation entrepreneurship

Methods of government regulation are divided into:

1) administrative (prohibition, legal liability, compulsion to act), i.e. direct regulation;

2) economic (prices, tariffs, quotas, taxes, licenses), i.e. indirect regulation;

3) moral and political (persuasion, mass information).

Basic laws regulating business activities are

What criteria are used to characterize small businesses?

How the essence of small enterprises in the Russian Federation is comprehensively revealed

Innovative entrepreneurship is

Innovative entrepreneurship is understood as the process of creation and commercial use of technical and technological innovations. As a rule, the basis of entrepreneurial activity is innovation in the field of products or services, which makes it possible to create a new market and satisfy new needs. Innovations serve as a specific tool for entrepreneurship, and not innovations themselves, but a directed, organized search for innovations, and the constant focus of business structures on them.

Forms of state support for small enterprises are

External Marketing Environment

The process of coordinating consumer demands and organization capabilities takes place in a certain external environment in which marketing activities are carried out.

The external marketing environment describes the factors and forces external to marketing that affect an organization's ability to establish and maintain successful relationships with customers. These factors and forces are not subject to direct control by the organization.

There are micro-external and macro-external marketing environments.

The micro-external marketing environment includes a set of subjects and factors that directly affect the organization’s ability to serve its consumers (the organization itself, suppliers, marketing intermediaries, clients, competitors, banks, funds mass media, government organizations, etc.).

The macro-external environment of marketing is understood as a set of major social and natural factors that affect all subjects of the micro-external environment of marketing; it includes: political, socio-economic, legal, scientific, technical, cultural and natural factors.

Types of Marketing

Depending on the state of demand in the market:

Conversion marketing is used in conditions of negative demand, when a significant part of the market does not accept the product and may even pay a certain price for refusing to use it. The goal of conversion marketing is to change the negative attitude of consumers towards a product. The tools of conversion marketing are: product redesign, more effective promotion and price reduction.

Promotional marketing is associated with the availability of goods and services for which there is no demand due to complete indifference or disinterest of consumers. The incentive marketing plan must take into account the reasons for this indifference and identify measures to overcome it.

Developmental marketing is associated with the emerging demand for goods (services).

Remarketing revives demand during a certain period of decline in the life cycle of goods or services.

Synchromarketing is used in conditions of fluctuating demand. For example, seasonal goods.

Supportive marketing is used when the level and structure of demand for goods fully corresponds to the level and structure of supply.

Counteraction marketing is used to reduce demand that is considered irrational from the point of view of society or the consumer (for example, alcoholic beverages, tobacco products).

Demarketing is used to reduce demand for a product in a situation where demand exceeds supply and there is no way to increase production volume. Such results can be achieved, for example, by increasing the price of a product, reducing the volume of advertising or promotion efforts. The goal of demarketing (as opposed to counteractive marketing) is not to destroy demand for a product, but only to reduce it, balancing it with production capacity.

Depending on market coverage

Mass marketing involves targeting the widest possible range of consumers without taking into account the differences between them. (I produce what everyone needs). The company's goal is to set low prices because the costs of mass production and promotion are reduced.

Concentrated (targeted) marketing is targeting a specific segment, trying to satisfy its needs as much as possible (Goods for newlyweds, funeral services). Advantages: maximum satisfaction of needs, used by small companies. Disadvantages: The segment may shrink unexpectedly, limiting the company's potential growth.

Differentiated marketing is the desire to capture a large part of the market as a whole and at the same time offer several varieties of the same product, which is distinguished by its consumer qualities and can satisfy the needs of many segments (Dairy company, products of different fat content, cheeses, cottage cheese, yoghurts). Benefits: satisfaction of needs. Difficult to implement.

Production costs

Production costs are part of the organization’s expenses associated with the production of products, performance of work and provision of services, i.e. with normal activities.

The composition of production costs includes direct costs associated directly with the production of products, performance of work and provision of services, as well as costs of auxiliary production, indirect costs associated with the management and maintenance of the main production, and losses from defects.

All production costs are ultimately included in the cost of individual types of products, works and services or groups of homogeneous products. Depending on the methods of inclusion in the cost of certain types of products, production costs are divided into direct and indirect. Direct costs are understood as expenses associated with the production of certain types of products, works, services (raw materials, basic materials, purchased products and semi-finished products, basic wages of production workers, etc.), which can be directly included in their cost. Indirect costs are understood as expenses associated with the production of several types of products (costs for the maintenance and operation of equipment, workshop, general plant, etc.), included in their cost using special methods determined based on industry and technological features.

In the grouping of production costs by item, direct costs, as a rule, form independent items for the corresponding elements, while indirect costs form complex items (consist of costs that include several elements), differing in their functional role in the production process.

The rules for accounting for costs of producing products, performing work and providing services in the context of elements and articles, calculating the cost of products (works, services) are established by separate regulations and methodological guidelines for accounting, usually of an industry nature.

Price functions

In this regard, we can consider the following price functions in the market:

1) measuring. Price shows the amount of money paid and received per unit of a good or service;

2) commensurate. Using this price function, you can compare products, differentiate them into expensive and cheap, and compare the values ​​of different products;

3) accounting. With the help of prices, the world of goods is transferred from a natural material form to a value form. At the macro and micro levels, all indicators are calculated in monetary form. Price becomes an auxiliary accounting tool. It also acts as a tool for calculating relative indicators: product profitability, capital productivity, etc. In this regard, price participates in the formation of the main financial and economic indicators of the enterprise, measured in monetary terms, and is used for analysis, forecasting and planning of main production and metabolic processes. The price is also an indicator of market conditions and reflects the main processes occurring in it;

4) regulating. Price is a tool for regulating economic processes: it balances supply and demand, linking them with the monetary payment ability of the producer and consumer. It also plays a regulatory role in the distribution of resources, since resource prices guide entrepreneurs to use cheap resources and save expensive ones. The state sometimes uses this price function for its own purposes through taxes, subsidies, and price fixing for certain types of goods or services;

5) social. Price is a factor in the standard of living of the population, influencing the volume and structure of consumption, the level real income various social groups, it is the main component of inflation processes. The cost of living and the consumer budget of a family depend on the level and dynamics of prices, so the social reaction to price fluctuations is very acute;

6) stimulating. Market pricing creates opportunities for alternative choice when making business decisions. Thus, the stimulating effect of price lies in the fact that its level encourages the use of the most economical production methods and the fullest use of resources, on the one hand, and the rational behavior of consumers (demand) on the other.

Price is a tool for generating profit, a tax factor - prices for renting apartments. In addition to price, the system of economic incentives includes, as is known, economic levers based on price: profit, profitability, taxes. In modern market conditions, price becomes the main weapon of competition, and competition is the main driving force of production;

7) distribution. The distribution and redistribution of income occurs through the price level, their structure, and ratio. Different price levels can be set for different consumers (for enterprises of various forms of ownership, for industrial consumers and the population), higher or lower prices can be achieved due to the inclusion or non-inclusion of taxes (VAT, excise tax). Redistributive pricing is not a phenomenon characteristic only of government regulation. A monopoly also carries out redistributive pricing by appropriating other people's profits, just like an oligopoly in the form of a cartel, when producers agree on a monopoly price level.

In redistribution processes in the economy, price is not the only factor. The financial system plays an even more significant role. When studying the functions of price, it should be noted that if other elements of the economic mechanism (credit, financial) influence economic processes, as a rule, by administrative methods, then price always affects economic interests, i.e. it is a more subtle instrument. The manufacturer is not able to cancel taxes, but he has a lot of ways to manipulate the price due to its many components.

Price classification

Classification of prices according to main characteristics:

1) Depending on the type of product:

Prices for goods;

Tariffs for services.

2) Depending on the scope of service of commodity circulation:

Purchasing;

Wholesale;

Retail.

3) Depending on the role in the market:

Demand prices;

Offer prices;

Market equilibrium prices;

Prices of agreements between market entities.

4) Depending on the type of market:

Competitive;

Monopoly.

5) Depending on the region of operation:

Regional;

6) Depending on the country of sale:

Internal;

Foreign economic.

7) Depending on the procedure for reimbursement of transportation costs in the domestic market:

"Franco" pricing system of different types.

8) According to the order of state regulation:

adjustable;

unregulated (free).

9) Depending on the procedure for reimbursement of transportation costs, insurance and customs “clearance” of goods in foreign economic activity:

The Incoterns price system of different types.

10) According to the variability of establishment:

Solid (fixed);

11) According to the period of validity in time:

Permanent;

Temporary.

12) According to the degree of novelty of the product:

For new products;

For goods that are sold;

For discontinued products.

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“State regulation of business activities”

INTRODUCTION

Considering the development of entrepreneurship in Russia, we can say that the role of the state has traditionally always been decisive in stimulating and regulating entrepreneurship.

The connection between entrepreneurship and the activities of the state apparatus is clearly visible at all stages of the development of the Russian economy. The idea of ​​​​trusteeship of entrepreneurship can be found in the famous saying
Vladimir Monomakh about “the need to both teach the merchants and support them.” And gradually, step by step, supporting entrepreneurship in Russia has become one of the main economic functions of the state.

The activities of individual monarchs carried out to support entrepreneurship, and the legislative acts adopted on this occasion were sometimes not distinguished by continuity and consistency. The result was the spasmodic nature of the development of entrepreneurship in Russia, the great influence of the subjective factor, and the difficulty of determining the main trends in the formation and genesis of Russian entrepreneurship.

From the 14th century, entrepreneurial activity became almost completely dependent on the government, and incentive and patronage systems began to take shape, leading to the creation of monopolies and deformation of economic development. A feature of the pre-Petrine period of development was the dominance of the small producer. The formation of large commercial enterprises occurred naturally due not to government measures, but to the advantage of large trade over small trade.

The development of large-scale entrepreneurship in the sphere of production in Russia took a completely different path during the period of Peter the Great's reforms. During this period, it was the state, and not private capital, that acted as the main initiator of the development of most areas of business activity. In order to stimulate the expansion of existing production facilities, various benefits were used. The sale of manufactured products by newly created enterprises was ensured mainly by the purchase of goods by the treasury. And in cases where the goods were not required by the treasury, the sale of factory products was ensured by a high import (customs) duty, and sometimes by a direct ban on the import of foreign goods of the same kind, or even a monopoly of production and sale granted to individual manufacturers. A distinctive feature of the methods of state support for entrepreneurship of the Petrine period is their purely nominal nature.

Most of all, the development of entrepreneurship was influenced by the introduction in 1721 of possession rights, which consisted in allowing manufacturers and breeders (who belonged mainly to the merchant class) to acquire villages with peasants for their enterprises. Thanks to the labor of serfs, which factory owners could use, conditions were created for the transition of Russian entrepreneurship to a qualitatively different level of development, comparable in importance only to the reforms of the second half of the 19th century century.

In the post-Petrine era, the arsenal of government measures to support entrepreneurship was replenished with new types of benefits. The first quarter of the 19th century - the reforms of Alexander 1 - is characterized by the use of new methods and means of state support for entrepreneurship. This is the appearance of the first professional magazines for entrepreneurs ("Northern Post" and "Journal of Manufactures and Trade"), which contributed to the dissemination of useful entrepreneurship experience and were published at the expense of the treasury , as well as the opening of special schools that trained specialists in the field of entrepreneurship (Mining Cadet Corps - 1804, Institute of Technology - 1826).

Further activities of the state in the pre-reform period (1860s) were manifested, first of all, in the support of manufacturing capital, industries serving directly the needs of the treasury, while increasing the responsibility of entrepreneurs for spending and repaying loans allocated from the state treasury. The reforms of the 1860s (the rejection of forced labor throughout the state and the transition to civilian labor) led to a sharp revival of private initiative, and at the same time the treasury continued to purchase unprofitable enterprises, as well as private enterprise objects that were strategically important for the treasury.

From the end of the 19th century in Russia, the importance of state entrepreneurship began to be restored; interference on his part in business activities is increasing; major, primarily financial, measures are being taken to ensure support and protection of national entrepreneurship (primarily using a policy of protectionism in relation to leading enterprises).

Currently, Russia is at a turning point in its development. The fate of the ongoing reforms has been called into question, the answers to which largely depend on the state and trends in the development of entrepreneurship.

Because of this, it seems relevant to theoretically study the problems of state regulation of entrepreneurship and develop recommendations for its improvement.

I. LEGAL REGULATION OF ENTREPRENEURSHIP

Entrepreneurial activity (entrepreneurship) - according to the civil legislation of the Russian Federation, an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law. Subjects of entrepreneurial activity in the Russian Federation can be citizens of the Russian Federation who are not limited in their legal capacity, foreign citizens, stateless persons, as well as Russian and foreign legal entities. In the Russian Federation, regulation of business activity is based on civil law, unlike most foreign countries, where business activity is regulated by trade standards
(commercial, economic) law.

This is how the legal dictionary defines entrepreneurship.

The issue of the legal basis for state regulation of entrepreneurship cannot be disclosed without characterizing the content of the principles for implementing such a policy. The principles of state regulation of entrepreneurship are fundamental ideas enshrined in legal norms ah, in accordance with which the mechanism of Russian statehood in the field of entrepreneurship is organized and functions. These principles are part of the objectively existing general principles state management, which are enshrined in the current legislation and are used in the process of governing the country.

The principle of legality is a comprehensive legal principle. It applies to all forms of legal regulation and is addressed to all subjects of law. The main thing in the content of this principle is the requirement for the strictest compliance with laws and regulations based on them.
The legality of state regulation of entrepreneurship means that its measures comply with current legislation and are applied in the manner prescribed by law. A sufficient number of high-quality legal norms, along with a high level of their implementation by all subjects of legal relations, is the basis for ensuring the regime of legality of the activities of business entities. The principle of legality is the basis for the functioning of both the state in general and business activity in particular.

The principle of the expediency of state regulation of entrepreneurship is that it should be used only when with its help certain problems in the development of entrepreneurship can be solved and when the negative consequences of its use do not exceed the positive effect achieved with its help. The purpose of applying government regulation is to create obstacles to violations of legal norms.

The content of government regulation measures is subject to the principle of fairness. Justice is one of the general principles of law and is the guiding principle of legal regulation. The fairness of state regulation is ensured by the fact that the rules of law establish the equality of business entities before the law and are expressed in accordance with the volume of regulatory impact and the nature of the offense, in their proportionality.

The next principle of state regulation of entrepreneurship is the mutual responsibility of the state and business entities. At the same time, the main subject of ensuring the security of business activities is legally recognized as the state, which exercises functions in this area through the legislative, executive and judicial authorities. The state must ensure not only the safety of every person, but also provide guarantees to ensure the safety of business activities.

Today, the provisions of the Constitution of the Russian Federation provide guarantees for entrepreneurial activity. The norms of Art. 35 in the Constitution, since it contains three most important guarantees of entrepreneurial activity: no one can be deprived of their property except by a court decision, forced alienation of property for state needs can be carried out only subject to preliminary and equivalent compensation; the right of inheritance is guaranteed. The Constitution solves the main economic and legal problem
-problem of property. The term “property” and its forms in the Constitution are understood as forms of management carried out by various entities.
In addition, a number of constitutional provisions provide a unified economic and legal space in the country.

Of fundamental importance are the provisions of the Constitution that proclaim
Russia is a social state, whose policies, including in the field of economics and entrepreneurship, serve to create conditions for a decent life and free development of a person, and his rights and freedoms are declared the highest value.

It is important to adopt a number of laws such as the Law “On Joint Stock Companies”, new editions of the laws “On the Central Bank
Russian Federation”, “On banks and banking activities”, which established the modern basis for regulating the country’s banking system, new edition
Customs Code (1995), federal laws on international treaties, production sharing agreements and a number of other regulations.

For the development of competition, as one of the main directions in the formation of civilized conditions for business activity, it is important to provide legal support for the development of a competitive environment and the fight against unfair competition. The Decree of the Government of the Russian Federation “On the state program for demonopolization of the economy and the development of competition in the markets of the Russian Federation (main directions and priority measures)” identified two areas of work: legal support for competition and the development of programs for demonopolization and development of competition. It should be noted that Russian legislation reflects the peculiarities of its economy and the specifics of its legal system:
. along with restrictions on the monopolistic activities of entrepreneurs - business entities, measures are provided to suppress state monopolism - monopolistic actions (acts, agreements) of state authorities and management,
. Along with the prohibition of monopolistic actions and the introduction of liability for this, various measures are envisaged to support the development of small and medium-sized enterprises and the disaggregation of monopolistic structures.

The problem of the need for state regulation of natural monopolies was recognized by the authorities only in 1994, when rising prices for the products they produced had already had a significant impact on undermining the economy. At the same time, the reformist wing of the government began to pay more attention to the problems of regulating natural monopolies, not so much in connection with the need to stop the rise in prices in relevant industries or to ensure the use of the possibilities of the price mechanism for macroeconomic policy, but primarily in an effort to limit the range of regulated prices.

The first draft of the Law “On Natural Monopolies” was prepared by employees of the Russian Privatization Center on behalf of the State Committee for Administrative Offenses of the Russian Federation at the beginning of
1994 After this, the project was finalized by Russian and foreign experts and agreed upon with industry ministries and companies
(Ministry of Communications, Ministry of Railways, Ministry of Transport, Minatom, Ministry of Nationalities, RAO Gazprom, RAO UES of Russia, etc.). Many line ministries opposed the project, however
The SCAP and the Ministry of Economy managed to overcome their resistance. Already in August, the government sent the draft Law, agreed upon with all interested ministries, to the State Duma.

The first reading of the Law in the State Duma (January 1995) did not cause lengthy discussions. The main problems arose at parliamentary hearings and at meetings in State Duma committees, where industry representatives again made attempts to change the content or even prevent the adoption of the project. Numerous issues were discussed: the legality of granting regulatory authorities the right to control the investment activities of companies; on the boundaries of regulation - the legality of regulating activities that do not relate to natural monopolies, but are related to regulated activities; on the possibility of retaining regulatory functions at line ministries, etc.

At the beginning of February, the State Duma received a letter from the President of the Russian Federation, which proposed to suspend consideration of the draft Law and, along with others, contained an accusation that the draft did not comply with the program for further liberalization of the economy. However, already at the end of February a Decree was published
President N220 “On some measures for state regulation of natural monopolies in the Russian Federation.” It ordered the government to submit proposals for the creation of
Federal Service for the Regulation of Natural Monopolies in the Fuel and Energy Complex, Federal Service for the Regulation of Natural Monopolies in Transport, Federal Service for the Regulation of Natural Monopolies in the Field of Communications. The almost simultaneous appearance of the president's letter and his Decree shows how powerful the lobbying of forces with opposing interests was.

In April, the State Duma adopted the Law, and it was sent for signature
To the President. In May, the President, citing the presence of contradictions in it with current legislation, vetoed the new version of the Law and returned it to the State Duma. In June-July, a conciliation commission of the State Duma and the presidential apparatus worked. After this, the State Duma, practically without discussion, adopted the new wording of the Law, and on August 17 the President signed the Law. This became possible thanks to a widespread summer campaign launched by the media against the abuses of natural monopolies. Particular attention was paid to the financial indicators of the gas industry, the opportunity to improve the state of the state budget as a result of increasing taxation of RAO Gazprom and the abolition of privileges for the formation of an extra-budgetary fund, etc.

According to the Law “On Natural Monopolies”, the scope of regulation includes the transportation of oil and petroleum products through main pipelines, gas transportation through pipelines, services for the transmission of electrical and thermal energy, rail transportation, services of transport terminals, ports and airports, public and postal services.

The main methods of regulation were: price regulation, that is direct definition prices (tariffs) or setting their maximum level; identification of consumers for mandatory service and/or establishment of a minimum level of provision for them. Regulators are also required to monitor various types activities of natural monopolies, including transactions for the acquisition of property rights, large investment projects, sale and rental of property.

Foreign regulatory experience shows that the main thing in such activities is the maximum independence of regulatory bodies both from other government bodies and from the economic entities they regulate, as well as the consistency of interests and areas of work of regulatory bodies, which will give them the opportunity to make politically unpopular decisions.

The original draft of the Law envisaged that regulators would have a high degree of independence: members of their boards appointed for long periods could not be dismissed for any reason other than by court order; there was a ban on holding multiple positions as members of boards, holding shares in regulated companies, etc. However, in the final version, many progressive provisions borrowed from many years of regulatory practice in foreign countries were either softened or removed, which calls into question the possibility of making decisions that are sufficiently protected from the influence of various political forces.

By 1995, only one system of regulatory bodies had been formed, operating outside the framework of line ministries. These are the Federal and regional energy commissions, created in 1992 to regulate tariffs for electricity and heat. Control over other natural monopolies was exercised by the relevant ministries (Ministry of Economy,
Ministry of Fuel and Energy, Ministry of Railways, Ministry of Communications). Thus, the Ministry of Railways received permission to monthly index transportation tariffs taking into account rising prices for the main types of products consumed by its enterprises. Ministry of Economy and
The Ministry of Finance adjusted tariffs quarterly taking into account the financial condition of the industry.

However, even in the electric power industry until 1995, the legal basis for regulation was not fixed. State control control over the economic activities of natural monopolies was significantly weakened due to the transformation of many enterprises into joint-stock companies, where industry interests began to dominate. At the same time, the federal government, while retaining controlling stakes in its hands, was not actively involved in the mechanism of corporate shareholder governance.

Simplified schemes of state regulation of natural monopolies, based on indexation of tariffs (prices) and not accompanied by a thorough check of the validity of costs and investment activities, allowed monopolists to easily bypass the restrictions that quasi-regulatory bodies (Price Department of the Ministry of Economy, Federal Energy Commission) put in their way. The most important reasons the current situation were: lack of the necessary legislative framework; uncertainty of the status of regulatory bodies, their dependence both on the government and ministries, and on regulated entities; lack of financial resources and qualified personnel.

Many cases brought by the territorial departments of the State Customs Committee of the Russian Federation for violations of the Law of the Russian Federation “On Competition and Restriction of Monopolistic Activities in Commodity Markets” in 1994-1995 were related to the actions of natural monopolistic enterprises. Numerous cases of inflated tariffs, refusal to serve certain groups of consumers, inclusion in contracts additional conditions(participation in the construction of production facilities, transfer of residential premises, provision of material resources).

By January 1996, three presidential decrees were adopted on the creation of public services to regulate natural monopolies in the fuel and energy complex, communications and transport. In March-April, government resolutions on the creation of regulatory bodies were published, in particular, the number of their personnel was determined. However, at the end of May, the head of only one service had been appointed - the Federal Energy Commission. The appointment of the Deputy Minister of Fuel and Energy to this post is a compromise between the government and regulated entities.

As already noted, in the first half of 1996, in natural monopoly industries (electric power, gas industry, oil pipeline transport, railway transport, communications industry) price growth slowed down somewhat compared to previous years of reform. This is largely explained by populist policies before the presidential elections, which is confirmed by the aggravation of the problem of non-payments in connection with the adoption of a government decree prohibiting the disconnection of energy consumers until mid-May 1996. In addition, under pressure from the IMF, extra-budgetary funds were liquidated by a government decree of March 21, 1996 in the fuel and energy sectors and from April 1 - the stabilization fund of RAO Gazprom, thereby Gazprom was deprived of major tax benefits.

However, even after the elections, a number of measures were taken to strictly limit the rise in prices of natural monopolies. Thus, by Presidential Decree of October 17, 1996, prices for electricity sold from the wholesale market were reduced by
10%; By Government Decree of April 3, 1997, targeted investment funds were excluded from the cost of energy production.
It is already clear that the process of forming regulatory bodies will not only be lengthy, but also painful. The ministries do not want to give away the corresponding powers. The problem of financing is acute; it is quite difficult to attract qualified employees, since the salaries of civil servants are much lower wages workers at similar levels in regulated companies. Many of the best people in the industry who could do this kind of work are in highly paid positions in organizations that must be regulated.

Therefore, today the most pressing problems are staffing, the development of specific regulatory methods, and improving the information base that allows informed decisions to be made.

Thus, in the field of creating a legislative and institutional framework for regulating natural monopolies, some important and necessary measures have been taken, but much remains to be done both in terms of building an effective regulatory system and in terms of restructuring industries, which will create a more compact and manageable sphere regulation.

With the beginning of the reforms, the problem of creating a regulatory framework for the insolvency of business entities became an urgent practical task. The importance of the insolvency institution lies in the fact that on its basis insolvent entities are excluded from civil circulation, and this leads to a healthier market and an increase in the security of the functioning of business entities.

The Law “On Insolvency (Bankruptcy)” is one of the most key for the economy of any country. It is the way the bankruptcy procedure is structured in the country that determines the basic “rules of the game” for both industrial giants and small shops.

The new Bankruptcy Law (dated October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)”) does not close all loopholes for financial fraud, but eliminates the most egregious of them.

The previous version of the Russian Bankruptcy Law was extremely controversial, and in fact contributed to the creation of a real custom-made bankruptcy industry in Russia. The new law does not close all loopholes for fictitious bankruptcies, does not solve the problem of judicial arbitrariness, it does not
“resolves” the situation when an enterprise falls into bankruptcy due to the fault of the state, which does not pay the plant for the products it ordered. And yet this law is an undoubted step forward that everyone has been waiting for.

The main thing is that now it will become much more difficult to bankrupt an enterprise, and the procedure itself will be more complex, multi-stage, and controlled.

Bankruptcy ceases to be a “shot in the head” when, having pulled the trigger, that is, starting the bankruptcy procedure, you can no longer fix anything.

Instead of knocking out money - financial recovery.

What is bankruptcy anyway? This is when a company cannot pay off its debts, even if it sells all its property. In our unstable economy, it is often impossible to immediately understand whether the enterprise has actually reached the end. Therefore, only bankruptcy proceedings belong to the bankruptcy procedure itself. All other procedures (monitoring, financial recovery, external management) are essentially pre-bankruptcy.

Under the previous law, anyone to whom the enterprise owed a debt could declare bankruptcy, and he could not collect his debt from it. That is, bankruptcy solved completely different problems - not the liquidation of the stranded and
"clogging" the economic horizon of the enterprise, but the satisfaction of one or another specific debtor. The law was written not for the improvement of the economy as a whole, but for the benefit of specific economic entities. The bankruptcy procedure could be started if the debtor was unable to repay a debt of more than 500 minimum wages for 3 months (today - about 7 thousand dollars). For these tiny debts it was possible to change the owner of any huge enterprise. The new law establishes a clearly fixed amount of one hundred thousand rubles. Changing the amount of debt does not matter. It is important why exactly the debtor does not pay. To find out, before starting bankruptcy, you must go through judicial procedure debt collection. The court uses the entire arsenal of methods: seizure and sale of property, a ban on transactions without resorting to bankruptcy.

In the new law, for the first time, the figure of the creditor state appears: if you owe the treasury, it, together with other creditors, will demand its full share. The previous law did not give the state the right to vote in bankruptcy proceedings - state representatives could only be present at meetings of creditors and in the arbitration process, without the right to vote. On the other hand, the old law required that the state's claims be satisfied almost in the first place. This was a serious contradiction, a source of confusion and abuse. The new law equalizes the rights of the state and all other creditors: they equally participate in meetings and receive theirs.

In general, the appearance of the “queue” in which creditors “stand” to get their money from the debtor is completely changing. The old law was like this: first, legal costs were covered, then - in descending order - current payments, payment for the work of the arbitration manager, compensation for harm to health, wages of employees of the debtor enterprise, collateral claims, mandatory payments to the budget, and other obligations. The new law gives a different sequence: legal costs, current payments, payment for the work of the arbitration manager, compensation for harm to health, wages of employees of the debtor enterprise, other obligations.

The old law introduced special bankruptcy regimes - usually more lenient - for city-forming enterprises. In addition, there is a separate law on fuel and energy enterprises. The new law introduces special bankruptcy regimes for natural monopolies and military-industrial complex enterprises.
An interesting question is whether it will be possible to bankrupt entire cities and regions under the new law. Today they are trying to solve it within the framework of Dmitry Kozak’s commission
(administration of the President of the Russian Federation), since it is closely related to the problem of local self-government. So far, it has been agreed that if the region turns out to be insolvent, direct control over it from the federal center can be introduced.

I would like the law to more clearly spell out the principles by which a temporary debtor can be separated from a truly insolvent one. We propose the following criterion: the enterprise cannot cover its obligations within three months with liquid assets. By liquid assets we must understand money, securities, “receivables”, paid but not returned, VAT, inventory.

The new law, like the old one, leaves room for the arbitrariness of bankruptcy creditors and judges. We need clear rules - based on indicators financial statements debtor.

Entrepreneurial activity in modern conditions requires state regulation, thanks to which the private interests of its specific subjects will be combined with the public legal interests of the whole society. In the system of such regulation measures in the Russian Federation, licensing of this activity has become widespread.

Business licensing is a relatively new phenomenon in Russian legislation, however, certain legal problems have emerged in the application of the licensing mechanism. Their solution becomes a condition for its effective functioning.

Until recently, state licensing of entrepreneurship was the main element of such regulation. Officials had a very convenient mechanism: you can always check how licensed companies operate and quickly stop violations - with a warning, suspension or revocation of the license. At the same time, licensing, by installing unnecessary bureaucratic barriers on the path of entrepreneurs, reduces, as practice has shown, the number of market participants, and therefore weakens competition. This is dangerous for the economy, especially in conditions of an almost complete lack of public control over the activities of the bureaucratic machine. Of course, the actions of an official can be appealed in court, and the latter very often takes the side of the entrepreneur. However, businessmen do not always dare to initiate proceedings. Sometimes you have to wait quite a long time for a court decision, and during this time officials can paralyze the activities of the obstinate.

But state licensing also has another drawback: the possibility of using it to eliminate competitors. Entrepreneurs who have managed to get along with supervisory authorities initiate inspections of competitors either to obtain classified information or simply to ruin them.

Currently, only those types of business activities fall under the licensing law, “the implementation of which may entail damage to the rights, legitimate interests, health of citizens, defense and security of the state, and the cultural heritage of the peoples of the Russian Federation.”
Federations and the regulation of which cannot be carried out by methods other than licensing." In addition, now a license is issued for a period of at least five years (under the old law - at least three). The powers of licensing authorities, procedures for issuing, re-issuing and revoking a license are being clarified.
Finally, the new law introduces an exhaustive, much shorter than in the old version, list of licensed activities.

However, the unexpected happened: many professional market participants who were affected by the cancellation of licenses have a negative attitude towards it.
The main motive: a stream of unprofessionals and outright scammers will pour into the market, who will dump and make quality work unprofitable. Realtors operating in the real estate market are especially unhappy. The appearance of new participants on it, jumping out like devils out of a snuffbox, can lead to lower prices for services and deception of citizens.

But the authors of the reform do not at all abandon administration in the field of entrepreneurship. The removal of barriers to entry into the market is compensated by control over activities directly on the market - new ones are introduced for
Russian mechanisms for regulating business activities. Thus, on July 1, the new Code of Administrative Offenses came into force
(Administrative Code). It provides for administrative disqualification of market participants who violate the law - a ban on carrying out certain activities or holding a certain position for up to three years. Only a court can apply such a sanction.

It should also be noted that no one has canceled the mandatory and voluntary certification of goods, works or services, as well as certain qualification requirements for market participants. For example, although the production of building structures and materials will no longer be licensed, the consumer will always be able to find out about the quality of building materials using the appropriate certificate.

Questions also arise regarding the application of the new law. After it came into force, a government order was issued that specifically allocated licensing levels (federal, regional). However, there are still no relevant regulatory documents (Regulations) on the licensing procedure for this or that type of business activity (with the exception of tourism and construction businesses).

The licensing system was well developed at the regional level. It was only necessary to supplement it with the Federal Leasing Center, which would make it possible to more effectively and efficiently resolve emerging issues.
There should be state control over business. As for removing administrative barriers from his path, why not, for example, introduce a simplified procedure for registering and registering private enterprises using the so-called “single window” method, when all documents are issued to the entrepreneur in one place? necessary documents(including licenses)?

II. TAX REGULATION OF ENTREPRENEURSHIP.

The fate of entrepreneurship is directly related to the existing tax system in the country. It was created since 1991 almost anew using the method
“trial and error” under strong pressure from current and very unfavorable circumstances and is characterized by an obvious fiscal focus. At the same time, the growing problems of forming budgets at different levels are accompanied by efforts to reform tax relationships between different levels of the tax system. In modern conditions, when the level of the tax burden is already quite high, it is impossible to increase the share of fixed income in local budgets by introducing new local taxes. Also unacceptable are proposals to completely transfer the process of forming the budgets of the constituent entities of the Federation to their own taxes only, because these contradict the task of preserving a single economic space.

An effective means of state regulation of the economy and entrepreneurship in market conditions is the implementation of tax policy in the country. Fulfillment of tax obligations by entrepreneurs-taxpayers is the most important requirement of state discipline.
Tax legislation provides for measures to ensure compliance with the procedure for paying taxes and other obligatory payments. For violations of tax legislation, the taxpayer may bear financial, administrative, disciplinary and criminal liability.

Taxation of small businesses in Russia is carried out on the basis of three systems: a generally established taxation system, a simplified system of taxation, accounting and reporting for small businesses and a taxation system based on the principle of imputed income.
A small business can be organized in at least the following forms:

Individual entrepreneur;
. Organization;
. An organization applying a simplified taxation system;
. Individual entrepreneur using a simplified taxation system

An individual entrepreneur pays personal income tax at a rate of 13% on the amount of profit received (Article 224 of the Tax Code
RF). It also pays indirect taxes (VAT, sales tax). With small income (up to 1 million rubles of revenue per quarter), an individual entrepreneur has the right to receive an exemption from VAT in accordance with article
No. 145 Tax Code of the Russian Federation.

In addition, a single social tax is paid on the amount of income received, minus expenses associated with their increase. On the amount of profit received, the organization paid income tax at a rate of 20-24%
(Article 284 of the Tax Code of the Russian Federation), and since May 2002, the profit tax for these enterprises has been reduced from 20 to 15%. The specific tax rate depends on the legislation of the constituent entity of the Russian Federation in which the organization is located. In addition, there are taxes that are paid by the organization (and not paid by individual entrepreneurs): tax on road users, which is calculated at 1% of the amount of proceeds from sales or, in the case of trading activities, the difference between the price of sales and purchase of goods; property tax of an organization, which is paid from the book value of property at the rate established local authorities authorities, but not more than 2%.

Small business participants can switch to using a simplified taxation, accounting and reporting system. This opportunity is provided only to legal entities - small businesses. For a legal entity, one of the aspects that determines the possibility of switching to a simplified taxation system is the status of a small business entity. At the same time, the average number of employees of a small enterprise (no more than 15 people) for the reporting period is determined based on all employees, including those working under civil contracts and part-time, taking into account the actual time worked, as well as employees of representative offices, branches and other separate divisions of the specified legal entity.

Enterprises engaged in the production of excisable products, small enterprises created on the basis of liquidated structural divisions operating enterprises, as well as enterprises for which the Ministry of Finance of the Russian Federation has established a special procedure for maintaining accounting and reporting, for example, credit organizations, insurance companies, investment funds, professional participants in the securities market, gambling enterprises, budget organizations.

The object of single taxation is total income or gross receipts. If the income is 40% or more of the revenue, the single tax is calculated at a rate of 30% of the income received. Income is defined as the difference between the revenue received by the enterprise for the reporting year and the expenses incurred during this period. The source of information about revenues and expenses incurred by an enterprise is the ledger for accounting income and expenses. If the income is less than 40% of the revenue received, a single tax is calculated based on the enterprise's revenue at a rate of 10%.

An enterprise is considered to have switched to a simplified taxation system from the quarter in which it was officially registered.

Single tax on imputed income.

According to the Federal Law of July 31, 1998. No. 148-FZ “On the unified tax on imputed income for certain types of activities”, a special regime for taxation of individual enterprises and entrepreneurs appeared: the establishment of a single tax. This, first of all, is aimed against the evasion of taxes by individual taxpayers, and for the first time made it possible to impose a single tax on imputed income on cash flow, which is poorly controlled by other taxes, within the framework of which, according to various estimates, from 30 to 80% of those reflected in the reports are realized. goods and services of small and medium-sized businesses.

The fundamental difference between the taxation regime using a single tax on imputed income and traditional taxation schemes for private enterprises is that the tax base for each taxpayer and taxable object is determined not by their reporting, but on the basis of the profitability of various types of business in the relevant regional and economic areas determined by calculation. other conditions.

The object of taxation when applying a single tax is imputed income for the next calendar month.

Since May 2002, something happened that businessmen, perhaps, did not expect: the president instructed the government to abolish the single social tax (UST) “retroactively” - from January 1. Instead of the Unified Social Tax, you will now only need to pay insurance contributions to the Pension Fund. In fact, the current decisions are a correction of the mistake made by the developers of the tax reform, who “forgot” to remove the unified social tax from small entrepreneurs paying imputed tax. As a result of the error, taxation from January 1 not only did not decrease, as the reformers had planned, but even increased noticeably.

The use of a simplified taxation system for individual entrepreneurs means replacing the payment of income tax with the payment of the cost of a fixed payment - a patent. The cost of a patent is established by the laws of the constituent entities of the Federation. Until recently, entrepreneurs using the simplified taxation system paid UST based on income determined from the value of the patent. Those. it was assumed that the cost of a patent was the amount of tax. And based on this value, using the reverse recalculation method, you can determine the amount of income that corresponds to this tax. Let's call this income conditional. In those regions where the cost of a patent is small, the amount of unified social tax paid was not large either. The new procedure for paying the Unified Tax puts the question of the feasibility of using a simplified taxation system in such regions into great doubt. For taxpayers in these regions, the new rules established by Federal Law of the Russian Federation No. 198-FZ significantly increase the tax burden. In fact, a new tax has been introduced with all the ensuing consequences, including the obligation to prepare and submit appropriate tax returns.

This law may be a violation of the constitutional principle of supporting competition (Article 8 of the Constitution of the Russian Federation). Individual entrepreneurs who switched to imputed income are placed in more unfavorable conditions compared to organizations.

In addition, we may be talking about a violation of the principle according to which everyone has the right to freely use their abilities and property for business activities (Article 34 of the Constitution of the Russian Federation).

It is also possible to carry out actions aimed at introducing changes to legislation. The circle of subjects of legislative initiative is limited: the President of the Russian Federation, the Federation Council and its members, deputies
State Duma, government of the Russian Federation, legislative bodies of constituent entities
Federation. Appeals to the relevant authorities from both entrepreneurs themselves and their associations may contribute to the fact that the corresponding bill will be submitted to the State Duma.

III. GOVERNMENT SUPPORT OF SMALL BUSINESSES.

Government regulation and support play an extremely important role in the development of entrepreneurship. Analysis of regulations in this area from the perspective of their influence on the development of entrepreneurship in Russia allows us to determine that the mechanism of government influence includes organizational, managerial and economic measures.

Organizational structures for business support today are represented primarily by the State Committee of the Russian Federation for the Support and Development of Small Business, the Federal Fund for Support of Small Business, regional funds, agencies, centers, etc. Unions, associations, and other public organizations are increasingly active at the federal and regional levels. associations of small enterprises.
The system of chambers of commerce and industry, which has significant potential in supporting small entrepreneurs, has been significantly strengthened.

The second group of measures to support entrepreneurship consists of various funds, sources of their financing, levers and incentives for both intersectoral and regional impact.

The regional system of regulation and support for small businesses plays a significant role in the development of entrepreneurship. The forms and methods of implementing regional policy in relation to small business come, on the one hand, from measures taken at the state level, on the other hand, they are determined by the development tasks and specifics of each specific region.

Of great importance in the system of management influence are specific forms and methods of relations between the administration and entrepreneurship, and the mechanism for its support. One of the main forms of assistance in the development of entrepreneurship, especially at the initial stage, is the provision of loans to business entities. Loans can be provided directly by the administration from the budget and extra-budgetary funds, or through banks, including through equity participation, based on the feasibility of developing a particular area of ​​entrepreneurship in the territory.

An important area of ​​regulation is the application of financial methods to those market structures that work with small businesses. Here, a reduction in the tax rate of organizations lending to small businesses and provision of financial guarantees by the local administration may be applied. The administration can use budget funds, municipal property, and real estate as guarantees.

Government support for entrepreneurship is constrained by macroeconomic conditions. The main activities of these programs are aimed primarily at resolving problems that hinder the development of entrepreneurship, such as:
. imperfection of the taxation system;
. instability of budget financing of federal and regional programs to support small businesses;
. underdevelopment of mechanisms for financial and credit support and risk insurance for small enterprises; lack of self-financing mechanisms

(credit unions, mutual insurance societies, etc.);
. restricting access of small enterprises to production facilities and property of restructured enterprises;
. lack of reliable social security and safety of entrepreneurs;
. organizational problems of interaction of small businesses with the market and with government agencies;
. administrative barriers to the development of small businesses.

The goal of the programs is to provide favorable conditions for the development of entrepreneurship by improving the quality and efficiency of government support measures at the federal level. At the same time, it is necessary to highlight priority measures to ensure the achievement of these goals:
1. openness both in the formation of state policy to support entrepreneurship and in its implementation: the availability of complete and transparent information about the content of specific measures of state support, the establishment of open procedures for the distribution of funds, public reporting on the use of funds allocated to support entrepreneurship and the activities of relevant government institutions;
2. taking into account national, regional and historical characteristics; encouragement of crafts, folk crafts, artel and family forms of organizing entrepreneurial activity, self-employment;
3. a gradual transition from state regulation of certain aspects of business activities to self-regulation through business unions and associations;
4. significant expansion of the rights and opportunities of the subjects of the Russian Federation

Federation and local government in the field of state support for entrepreneurship while maintaining the unity of strategic goals, legal framework and information space;
5. accelerated development of modern credit and investment mechanisms - leasing, franchising, specialized investment institutions for venture capital investment;
6. use of the property of ineffective and insolvent enterprises as a source of resource support for entrepreneurship and the creation of its infrastructure;
7. formation of an information network, expansion of the information field for the entrepreneur; creation of a global information network accessible to any entrepreneur, containing business information about laws, taxes, competitors, clients, market conditions;
8. organizing systematic research on entrepreneurship issues in order to objectively assess the state of this sector of the economy, its development trends and prepare recommendations for adjusting state support for entrepreneurship;
9. significant improvement of the accounting system and state statistics of entrepreneurship;
10. ensuring the protection of entrepreneurs from the influence of criminal structures;

Organization of a propaganda and educational campaign aimed at stimulating entrepreneurship, preparing the population to start their own business, uniting entrepreneurs based on industry, regional, professional and other characteristics, and forming appropriate public opinion about entrepreneurs. Measures of state support for small businesses can be classified as follows: this is support for small businesses at the federal, regional and local levels.

State support measures at any level are based on: firstly, the relevant (federal, regional, local) normative act of representative authorities, which establishes the basis for such support. So, at the federal level this is Law No. 88-FZ, at the regional level, for example in Moscow, this is the Moscow Law of June 28, 1995 No. 14 “On the fundamentals of small business in Moscow”; secondly, an appropriate (federal, regional, local) program to support small businesses.

These two documents usually contain both real benefits and instructions to executive authorities to develop individual support measures. In the latter case, the benefits themselves are enshrined in the regulations of executive authorities at the appropriate level.

The measures to support small businesses provided at all levels can be conditionally divided into those related to taxation, accounting and accounting, and other benefits and advantages, for example, simplified registration, preferential lending, etc.
In turn, the first of them can be divided into rules on a simplified system of taxation, accounting and reporting for small businesses, provided for by federal and regional legislation, and benefits for small businesses that are on the regular taxation system (profit tax benefits).

A feature of national support for small businesses is the presence in legislation of several definitions of the concept of “small enterprise”. They can be divided into three types.

Firstly, this is the definition contained in paragraph 3 of Article 3 of Law No. 88-
Federal Law. It determines small businesses that have the right to claim benefits and advantages provided for by federal legislation.

Secondly, these are the definitions of small business contained in the legislative acts of the constituent entities of the federation. Using the example of Moscow and the Moscow region, we can say that the concept of a small enterprise in regional law may differ slightly from what is contained in Law No. 88-FZ.
Regional legislation defines small businesses as entities that have the right to claim benefits and advantages provided for small businesses by regional legislation.

Thirdly, this is the definition of small businesses that have the right to switch to a simplified taxation system, as well as the definition of small businesses that have the right to income tax benefits. Although in both the first and second cases small enterprises are understood as entities classified as such in accordance with Article 3 of Law No. 88-FZ, the circle of persons who have the right to use the simplified system or can use income tax benefits is significantly narrower compared to those persons defined in Law No. 88-FZ.

According to clause 1 of Article 3 of Law No. 88-FZ, only commercial organizations and individual entrepreneurs can be small businesses. Accordingly, non-profit organizations such as institutions, consumer cooperatives, public and religious organizations, foundations, etc. cannot have the status of a small enterprise. At the same time, commercial organizations must meet two requirements.

First requirement. The size of participation in the authorized capital of a small enterprise of certain entities, as determined by Law No. 88-FZ, must be observed.

Thus, a small enterprise can only be a commercial organization in whose authorized capital the share of the following entities does not exceed 25%:

Russian Federation and constituent entities of the Russian Federation. At the same time
The law does not establish the size (share) of participation in the authorized capital of a small municipal enterprise;

Public and religious organizations (associations), charitable and other foundations;

One or more legal entities that are not small businesses. This requirement completely absorbs the previous ones, since public and religious organizations and foundations are non-profit organizations.

Second requirement. In order for an enterprise to have the status of a small one, the average number of employees during the reporting period should not exceed the following maximum levels: in industry - 100 people; in construction - 100 people; on transport - 100 people; in agriculture - 60 people; in the scientific and technical field - 60 people; in wholesale trade - 50 people; in retail trade and consumer services - 30 people; in other industries and when carrying out other types of activities - 50 people.

When assigning an enterprise to a particular industry, it is necessary to be guided by the All-Union Classifier "Branches of the National Economy"
(OKONKH).

Small enterprises carrying out several types of activities
(multi-profile) are classified as such according to the criteria of the type of activity whose share is the largest in the annual turnover or annual profit.

This means that in the case when one type of activity has the largest share in the annual turnover volume (according to OKONH), and another type of activity has the largest share in the annual profit volume, the enterprise is considered small if for at least one of these types it meets the requirements for the maximum number of employees. That is, the enterprise independently determines which indicator should be used - the volume of turnover or the volume of profit.

However, in regional legislation there may be cases when the authorities of a constituent entity of the federation themselves determine what activities to accept for calculation by multi-industry enterprises.

The average number of employees for the reporting period is determined taking into account those working under civil contracts and part-time workers, taking into account the actual time worked.

The procedure for calculating the average number of employees is presented in
Instructions for organizations to fill out information on the number of employees and the use of working time in the forms of federal state statistical observation, approved by the Resolution of the State Statistics Committee dated
07.12.98 No. 121, and Instructions for filling out the federal state statistical observation form N PM "Information on the main indicators of the activities of a small enterprise", approved by the Resolution
State Statistics Committee of the Russian Federation dated February 29, 2000 No. 17.

As for individual entrepreneurs, they are recognized as small businesses regardless of any conditions, including the number of employees.

If a small enterprise exceeds the maximum number of employees, the specified enterprise is deprived of the benefits provided for by law for the period during which this excess was allowed and for the next three months.

Non-tax measures of state support for small businesses:

The following government bodies and organizations are responsible for implementing support for small businesses:

Ministry of Antimonopoly Policy and Entrepreneurship Development and its territorial bodies;

Departments (committees, commissions, etc.) for supporting small businesses, which are part of the structure of executive authorities of the constituent entities of the Russian Federation and the structure of local governments;

Federal, regional and local funds for supporting small businesses. The funds carry out a number of functions, including: supporting the innovative activities of small enterprises, preferential lending, and also compensate credit institutions for the corresponding difference when they provide preferential loans to small businesses; perform the functions of a pledgor, guarantor, and guarantor for the obligations of small enterprises; organize consulting on taxation issues and application of legislation;

Russian Agency for Support of Small and Medium Businesses and its regional branches. It provides training and consulting to entrepreneurs, conducts examinations of entrepreneurial programs and projects, provides information support to small businesses, assists small businesses in the preparation and registration of their constituent documents, as well as other functions;

We should also mention numerous non-governmental non-profit organizations, unions, associations for the support of small businesses that can provide assistance in various issues that an entrepreneur faces.

The main directions of state support are outlined in Law No.
88-FZ. Usually, in these same areas, with certain exceptions and additions, support is provided at the regional and local levels.
Let's call these directions.

1. Preferential lending. On this issue, you should contact small business support funds. There is a specialized Fund for Assistance to the Development of Small Enterprises in the Scientific and Technical Field, which provides financial support to highly effective knowledge-intensive projects developed by small enterprises on preferential terms, as well as other support in its specialization.

2. Preferential insurance. For clarification of the conditions of preferential insurance, you should also contact small business support funds.

3. Preemptive right to receive orders for the production of products and goods (services) for government needs. For information, you can contact the executive authorities of the Russian Federation and the constituent entities of the Russian Federation.

4. Support for foreign economic activity of small businesses. The implementation of support measures in this area is entrusted to federal and regional executive authorities. These authorities should be contacted for further information.

6. Production and technological support for small businesses. For clarification of the conditions for assistance in providing small businesses with modern equipment and technologies, you should contact federal and regional executive authorities, as well as local governments.

7. Support for small businesses in the field of training, retraining and advanced training of personnel.

In addition, small businesses are provided with assistance in the information sphere; a simplified procedure for their registration, licensing and certification may be provided.

Other support measures are also being implemented at the regional and local levels. For example, in Moscow, a trust fund of non-residential premises has been created to provide small businesses, inspections have been streamlined, rental benefits have been established, etc.

Let's summarize the above. The activities of a small business entity should be carried out in close contact with bodies and organizations implementing measures of state support for small businesses.
It should be remembered that budgets at all levels allocate certain financial resources to support small businesses, to which small businesses are entitled.
CONCLUSION

To reasonably determine the areas of priority attention of the state to entrepreneurship, one should turn to the principles of entrepreneurial activity. Based on their essence, we can highlight the following areas of priority effort:
1. stimulating the development of advanced technologies that ensure a competitive level of production means and technologies (including intelligent management technologies) in order to increase the intensity, quality and, in general, efficiency of the production process;
2. development of relevant educational and training programs, information and consulting support programs;
3. development of a competitive environment that stimulates the processes of timely launching of reorganization and bankruptcy procedures in order to free up “a place in the sun” for more efficient enterprises(i.e. provision necessary conditions for a more efficient division of labor “horizontally”

(consequence of principle 2);
4. development of mutually beneficial and well-coordinated relations between various vertical levels (city/district, region, center), stimulating their mutually effective partnership in the field of creating a regulatory framework that eliminates contradictions and gaps at various levels - for a more effective division of labor " vertically";
5. development of a complex of external infrastructure conditions (both physical - communications, communications, production facilities, and non-physical - political, legal, economic, social, cultural, technological)

Thus, these aspects focus primarily on indirect stimulating forms of support. Because in the conditions of an attractive stimulating environment for the development of entrepreneurship and trust of business and the population in the state, financial flows will begin to be generated not from the outside (region or country), but from internal “growth points”. Accordingly, the attraction of external financial flows will then be carried out not on the terms of handouts and alms, but on cooperation, partnership and fair competition.

And in conclusion, I would like to once again point out those aspects, the development of which will allow the state to most effectively regulate entrepreneurship and create optimal conditions for its development in
Russia.
1. Formation of infrastructure for business development;
2. Regulatory and legal support for entrepreneurship;
3. Development of advanced financial technologies;
4. Scientific, methodological and personnel support for entrepreneurship

(organization of training, retraining and advanced training of personnel for small enterprises), interaction with the media and promotion of entrepreneurial activity;
5. Creation of preferential conditions for the use by business entities of state financial, material, technical and information resources, as well as scientific and technical developments of new technologies;
6. Establishing a simplified procedure for registering business entities, licensing their activities, certifying their products, submitting state statistical and accounting reports;
7. International cooperation in the field of entrepreneurship - support for foreign economic activities of business entities, including assistance in the development of their trade, scientific, technical, production, and information relations with foreign countries;

REFERENCES:

1. Anokhin V. State regulation of entrepreneurship. // http://www.gazeta.ru/2001/06/14/prezidentvpo.shtml

2. Personal and business security. // Directory of the AT information agency. St. Petersburg.. 1998.

3. Ionova Zh. A. Legal problems of licensing entrepreneurship in

Russia // http://www.duma.gov.ru/csecure/public/2.html - 33K -

4. Kolesnikova L.A. Planning and evaluating the effectiveness of entrepreneurship development programs // Entrepreneurship in Russia. M.,

5. Oleynik O. Legal basis for licensing economic activities

// Law. 1994. No. 6.

6. Ocheredko V.P. State legal regulation of business security // St. Petersburg, 1998.

7. Trubitsina N. Why has the tax burden on small businesses increased? //

Money 2002 No. 5.

Russian Federation for 2000-2001. // http://docs.rcsme.ru/rus/Federal-Laws/FederalProg/ - 13K -

9. Federal Law “On State Support of Small Business in the Russian Federation” dated May 12, 1995 // http://www.icss.ac.ru/m_page.php?section=main&sub=am_091002&PHPSESSID

Ffb48201d7 .. - 32K

12. Dzhaarbekov S. M. Taxation of small businesses: choosing the right form of activity // Consultant, No. 4, 2002

13. McConnell K. R., Brew S. L. Economics: Principles, problems, policies. In 2 vols.: Per. from English O. N. Antipova and others; Under general ed.

A.A. Porokhovsky. - T.2.-Tallinn: JSC “Referto”, 1998

15. Nikiforov A.A. The concept of antimonopoly policy and reform //

Vestn. Moscow un-ta. Ser.6., Economics. – 2000

17. www.trasei.narod.rudipl4.htm

19. News archive // ​​www.lin.ru // 04/17/2002

20. http://www.lin.ru/emitent.nsf/

21.
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Personal and business security. Directory // Information agency
A.T. St. Petersburg.. 1998.
Query V.P. State legal regulation of business security // St. Petersburg, 1998.

Query V.P. State legal regulation of business security // St. Petersburg, 1998.

Anokhin V. State regulation of entrepreneurship. // http://www.gazeta.ru/2001/06/14/prezidentvpo.shtml.

Anokhin V. State regulation of entrepreneurship. // http://www.gazeta.ru/2001/06/14/prezidentvpo.shtml

McConnell K. R., Brew S. L. Economics: Principles, problems, policies. IN
2 vols.: Per. from English O. N. Antipova and others; Under general ed. A.A. Porokhovsky.
- T.2.-Tallinn: JSC “Referto”, 1998, p. 67

Nikiforov A.A. The concept of antimonopoly policy and reform // Vestn.
Moscow un-ta. Ser.6., Economics. – 2000

Valentin Zavadnikov Chairman of the Federation Council Committee on Industrial Policy.

Will bankrupt killers lose their jobs? // http://www.rg.ru/oficial/doc/federal_zak/127-fz-comm.shtm

Valentin Zavadnikov Chairman of the Federation Council Committee on Industrial Policy.

Will bankrupt killers lose their jobs? // http://www.rg.ru/oficial/doc/federal_zak/127-fz-comm.shtm

News archive // ​​www.lin.ru // 04/17/2002
http://www.lin.ru/emitent.nsf/

Money 2002 No. 5.

Dzhaarbekov S. M. Taxation of small businesses: choosing the right form of activity // Consultant, No. 4, 2002, p. 21

Http://www.gazeta.ru/2002/05/20/prezidentvpo.shtml

Dzhaarbekov S. M. Taxation of small businesses: choosing the right form of activity // Consultant, No. 4, 2002, p. 22

Dzhaarbekov S. M. Taxation of small businesses: choosing the right form of activity // Consultant, No. 4, 2002, p. 23

Trubitsina N. Why has the tax burden on small businesses increased? //
Money 2002 No. 5.

Dzhaarbekov S. M. Taxation of small businesses: choosing the right form of activity // Consultant, No. 4, 2002, p. 23.24

Federal Law of June 14, 1998 No. 88-FZ // Guarantor

Http://www.gazeta.ru/2002/05/20/prezidentvpo.shtml

Trubitsina N. Why has the tax burden on small businesses increased? //
Money 2002 No. 5.

Kolesnikova L.A. Planning and evaluating the effectiveness of entrepreneurship development programs // Entrepreneurship in Russia. M., 1997 No. 4(11).

Federal program to support small businesses in
Russian Federation for 2000-2001. // http://docs.rcsme.ru/rus/Federal-

Federal program to support small businesses in
Russian Federation for 2000-2001. // http://docs.rcsme.ru/rus/Federal-
Laws/FederalProg/ - 13K - 04/03/2002.

Http://business.zakon.kz/inostr/Amon1.shtml
Federal Law of June 14, 1998 No. 88-FZ // Guarantor

Federal Law of June 14, 1998 No. 88-FZ // Guarantor

Http://business.zakon.kz/inostr/Amon1.shtml

Lecture No. 1, 2 General provisions of business law

1. The concept and essence of state regulation of business activities

2. Theories of business law. Business law in the system of Russian law

3. Subject and method of business law

4. Principles of business law

5. Signs of entrepreneurial activity

6. The ratio of entrepreneurial and professional activities

Andreev V.K. On the concept of development of legislation on entrepreneurial activity // Russian Judge. 2010. No. 9. P. 20-25.

The concept and essence of state regulation of business activities

Adam Smith, the founder of modern economics, believed that the main driving forces of the economy are free trade and free competition, and the state should not interfere in economic processes. Exploring the work of the free market, A. Smith speaks of the “invisible hand of the market,” thereby finding an explanation for reasonable selfishness as an effective lever in the distribution of resources. In his opinion, the manufacturer pursues his own benefit, strives to achieve his private interests, but the path to this lies through satisfying someone else's needs. Thus, in an effort to increase his well-being, the producer increases the well-being of society as a whole. A set of producers, as if driven by an “invisible hand”, in order to satisfy private interests, at the same time, unconsciously realizes the interests of the entire society. Over time, the “invisible hand” of the initially spontaneous market should transform it into a socially useful mechanism.

The idea of ​​spontaneous market regulation of the economy has been criticized. For example, D. Soros believes that if market forces are given full power even in purely economic and financial matters, this could ultimately lead to the collapse of the world capitalist system.

In this regard, the state cannot be removed from its function - regulation of market relations. The regulatory influence of the state should be aimed at eliminating both market failures, when the market becomes unable to effectively distribute available resources, and the failures of the state, which, for various reasons, is unable to solve a particular problem or, through its actions, destabilizes the social order.

Government intervention in solving these problems may be justified if the problems are significant and cannot be overcome by the market on its own. The state, by its intervention, contributes to the emergence of a positive effect compared to the situation of the absence of regulatory influence, which expresses the expediency of state intervention.

With the development and complexity of socio-economic relations, it became clear that market relations cannot serve as a self-sufficient regulatory mechanism.

None of the developed countries can do without impact on the economy. Only the limits and forms of government intervention in the economy differ. In Russia, the need for state regulation of the economy is currently recognized by almost all economists and politicians. The experience of “shock therapy,” which led to devastating consequences for the Russian economy, indicates that without government regulation the market will not be able to organize itself.

The purpose of state regulation of the economy– ensuring the implementation and protection of public interests, such as defense and security of the state, protection of human and civil rights and freedoms, protection of socially vulnerable segments of the population, environmental protection.

Moreover, for normal functioning the market itself needs regulation, in establishing uniform rules of behavior, without which chaos ensues in the economic sphere. We are talking primarily about the regulation of competitive markets and control over their activities.

The legal prerequisites for state regulation of the economy are, first of all, the norms of the Constitution of the Russian Federation: on the social state (Article 70); on guarantees of a single economic space, support for competition, protection of various forms of property (Article 8); on the prohibition of monopolistic activities and unfair competition (Article 34), etc.

– Level of state regulation of business activities

According to Art. 71 of the Constitution of the Russian Federation, Russia has jurisdiction over:

– establishing the framework for federal policy and federal programs in the field of economic development of Russia;

– establishing the legal basis for the single market;

– financial, currency, credit, customs regulation, money issue, fundamentals of pricing policy, etc.

In Russian legislation there is no legal definition of the concepts “state regulation of the economy” and “state regulation of business activities”. In science, a variety of variants of these concepts have been proposed.

State regulation of business activities represents the state’s influence on it by a) adopting regulations, legal acts of individual regulation, b) organizing control over compliance with legal requirements for entrepreneurs and c) applying incentives and liability measures to violators of these requirements.

Depending on the method of influencing the behavior of business entities, the following methods of regulation are distinguished in the literature:

direct regulation carried out by establishing mandatory requirements for entrepreneurs. Such requirements are contained in regulatory legal acts and in the form of instructions addressed to specific entities;

indirect regulation lies in the fact that government influence is carried out through the interests of the Union. The state seeks appropriate behavior from entrepreneurs not through direct power under the threat of sanctions, but through economic methods and incentives. These, for example, include forms of support for small and medium-sized businesses, tax breaks, loans, subsidies, subventions, etc.;

– quasi-regulation. It involves the state exerting influence on the business sector so that it independently resolves problems. State regulation here is indirect and less regulated, due to which state intervention becomes small;

– self-regulation. It is a way to solve problems using market mechanisms with minimal government intervention. In this case, it is necessary that the market has the ability to independently solve emerging problems, which should not be significant and entail unreasonable risks for society;

– joint regulation. It involves joint participation in regulation by the state itself, represented by its bodies and various market participants. Control over the actions of economic entities (Es) is carried out by both the state and market participants. Here, the opinion of not only the business community, but also consumers and counterparties, who may not be heard within the framework of direct government regulation or self-regulation, must be taken into account.

The right to carry out entrepreneurial activities is exercised in generally permissible regime based on the principle that everything that is not prohibited by law is permitted.

In this case, it can be installed prohibitions and restrictions , which are primarily enshrined in the Constitution of the Russian Federation ( prohibitions: part 2 tbsp. 34 – economic activities aimed at monopolization or unfair competition are not allowed; restrictions: Art. 55 – human and civil rights can be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and freedoms of the legitimate interests of other persons, and ensure the defense and security of the state.

There may be prohibitions absolute: entrepreneurial activity is impossible because it is prohibited by law (for example, due to unfair competition)

And relative(for example, a ban on engaging in entrepreneurial activity in the absence of a license, membership in an SRO, etc.).

Prohibitions and restrictions on business activities are considered as various types regulators. These also include benefits.

The experience of countries with market economies shows the possibility of using a variety of mechanisms in the regulatory process:

1) regulation by development general rules, specifically presented in the form of norms operating at the level of laws;

2) development of rules by regulatory bodies, for example, through the development of standards;

3) the procedure for issuing preliminary permits (for example, issuing licenses, permission from the antimonopoly service to concentrate capital;

4) plans and programs;

5) duties and tax incentives.

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State regulation of entrepreneurialactivities

Introduction

economics entrepreneurial state legal

Entrepreneurship is one of the most important factors in the formation and development of a market economy and support of the domestic market. In addition to solving an important socio-political problem - the formation of a middle class, strengthening democracy and institutions of public society, small business is capable of solving social problems (employment problems, creating sources of income for the population, producing goods and services for the population according to affordable prices) and economic tasks (creating a competitive environment, attracting private capital and external investment, improving technology, filling budgets at different levels).

State and municipal authorities are increasingly demonstrating their focus on creating a favorable business climate. At the same time, analysis of these efforts indicates their insufficient effectiveness. The low efficiency of relevant economic, legal and organizational measures is one of the factors in the functioning of the “shadow” economy and its criminalization, which has an extremely negative impact on budget revenues, generates unfair competition and distrust in local governments, and, consequently, undermines incentives for the development of legal entrepreneurship.

In this regard, it is extremely important to resolve the problem of regulating business activities by the state, forming and implementing a set of appropriate effective measures through the maximum use of the existing resource, production, technological and human resources potential of Ukraine. The development of entrepreneurial activity is essential for the development of a national market economy with a social orientation.

1. Concept, goals and levers of state regulation of business activities

In modern conditions, government regulation and promotion of entrepreneurship are being strengthened, organizational forms of interaction between government bodies and private business entities are changing, significant shifts are occurring in the goals, mechanism, management apparatus, and in the combination of state and market regulation mechanisms.

The purpose of state regulation of business activity is to create certain conditions that ensure the normal functioning of the economy as a whole and the stable participation of the country's entrepreneurs in the international division of labor and obtaining optimal benefits from this. The government of each country, of course, has its own goals at each specific stage and achieves their solution by methods and means available to it in relation to the emerging economic situation in its country and in the world economy. Therefore, the goals and objectives of government regulation are subject to change, while the regulatory mechanism is quite well developed, although it has characteristics in each individual country.

In general terms, the tasks of state regulation include:

Development, adoption and control over legislation that provides a legal basis and protection of the interests of entrepreneurs;

Increasing the efficiency of government regulation and reducing related costs;

Weakening direct forms of interference and bureaucratic control over the activities of enterprises;

Creating conditions for free and fair competition in the market, free movement of goods in the domestic and foreign markets, monitoring compliance with competition rules;

Ensuring commodity-money and budgetary balance through financial, tax, interest policy and management of money emission;

A combination of current and future directions of economic development: structural investment policy and scientific and technical policy;

Promoting long-term growth of capital accumulation and stable development, curbing inflation economically, removal of restrictions on administrative regulation of the economic sphere of activity;

Ensuring the free movement of labor and compliance with labor laws, regulating private hiring and remuneration procedures;

Maintaining social balance and an acceptable level of differentiation and income distribution for the majority of the population.

Describing state regulation of the economy in modern conditions, first of all, it should be noted that the center of gravity in this regulation has moved to the active participation of the state in the organizational and economic regulation of production. Its main tasks are:

Implementation of structural restructuring of production, which involves the creation of new export-oriented industries, modernization of traditional industries and adaptation of their products to the requirements of the world market, reorientation of certain types of production to world markets within the framework of international specialization;

Increasing the competitiveness of products of export industries and certain types of production;

Search and use of opportunities for long-term provision of production with guaranteed sources of raw materials, fuel, and semi-finished products;

Strengthening the position in the priority and most progressive sectors of the economy, focusing them on servicing export production;

Revision of the forms of connections between short-term and long-term government policy measures, the traditional impact on the market based on demand regulation, which is increasingly intertwined with measures of state regulation of foreign economic relations;

The use of measures to influence the process of concentration in leading sectors of the economy, including those specialized for export, the implementation of measures aimed at strengthening the organizational structure of large firms, and the development of new forms of connections between them.

Regulation is increasingly aimed at improving production efficiency. The emphasis in it shifts from regulating demand to regulating supply. Significant changes occurred in the regulatory mechanism. The most important form of state regulation of business activity has become the inclusion in long-term economic development programs of the main directions of industrial restructuring with a focus on export specialization.

Great importance in the 80s. XX century acquired targeted programs for industry regulation of production. They differ in that the financial resources of the state and the resources of private companies are directed to the development of new priority sectors of the economy, as well as to solve energy problems, reorganize and modernize traditional industries.

Problems of structural policy have become the leading directions of economic policy at the present stage, in which the emphasis is on targeted investment programs that combine private and public capital to solve global problems the best adaptation of entrepreneurship to the conditions of development of the world economy.

Public Policy economic regulation is aimed at comprehensively serving the needs of entrepreneurs, and in particular, administrative supervision and regulatory regulation of production. Now regulatory regulation has expanded to new areas, such as: product safety (food and pharmaceutical products), development and implementation of unified national quality standards (including product safety standards). In order to curb production and wasteful consumption, direct and indirect regulatory measures are used: regulatory product quality standards, tax incentives for investment, and indirect taxes on consumers.

Of great importance in the system of management influence are specific forms and methods of relations between the administration and entrepreneurship, and the mechanism for its support. One of the main forms of assistance in the development of entrepreneurship, especially at the initial stage, is the provision of loans to business entities. Loans can be provided directly by the administration from the budget and extra-budgetary funds, or through banks, including through equity participation, based on the feasibility of developing a particular area of ​​entrepreneurship in the territory.

An important area of ​​regulation is the application of financial methods to those market structures that work with small businesses. Here, a reduction in the tax rate of organizations lending to small businesses and provision of financial guarantees by the local administration may be applied. The administration can use budget funds, municipal property, and real estate as guarantees.

An important area of ​​government regulation is the state's patent policy. It boils down to limiting the life of a patent and compulsory licensing of new patents for a relatively moderate license fee.

An important tool for financial regulation of business activities is the provision of direct loans and subsidies, primarily for updating and improving the production apparatus of companies at the expense of public funds. These means are used when private business is not able to independently bring one or another link of national production out of difficulties. Programs of preferential lending and subsidies for certain industries, loan guarantees, measures to maintain or curb the growth of industry prices in combination with protectionist import policies and other means of market stabilization are becoming increasingly important. Regulation of interest rates on deposits and loans on a market basis implies that private businesses are provided with greater freedom to choose the conditions and methods of financing. One of the most important functions of state regulation is the development of general principles and implementation of the country's foreign economic policy.

2. Mechanism of government influence on business activities

To perform its functions and regulate the economy, the state uses both economic (indirect) and administrative (direct) methods of influencing business activities and the country’s economy, adopting and adjusting relevant legislative acts and regulations, as well as pursuing certain economic policies. The world experience of countries with developed market economies shows that in conditions of economic reform, in crisis situations, the role of the state increases; in conditions of stability and recovery - it decreases. But in all cases, the state must adhere to the basic rule - to influence business activities and the country’s economy in such a way as not to destroy the market foundation and prevent crisis phenomena.

Economic methods of government influence on business activities are more suitable for implementing this rule than administrative ones, although sometimes it is difficult to distinguish between them.

The economic levers used by the state to regulate the economy are quite diverse, but the main ones are: taxes, redistribution of income and resources, pricing, state entrepreneurial activity, credit and financial mechanisms, etc.

Administrative methods, i.e. direct action methods should be used by the state in cases where economic methods are unacceptable or insufficiently effective in solving a particular problem. As world practice has shown, administrative methods are most effectively used in the following areas:

natural state monopoly (railway transport, communications, fundamental science);

* environmental protection and resource use;

* certification, standardization, metrology;

* social policy, first of all, is the determination and maintenance of the minimum acceptable parameters of the population's life (guaranteed minimum wage, unemployment benefits, etc.).

To create normal conditions for business activity, stabilization and recovery of the economy, the state must pursue an appropriate economic policy, which consists of fiscal, scientific and technical, investment, price, depreciation, monetary and other types of policies, in the implementation of which it collectively uses both economic and administrative methods.

¦ Fiscal (budget) policy of the state. This is regulation of the state budget and taxation in order to stabilize and revitalize the economy. The mechanism of the state’s influence on business activity and the country’s economy with the help of these levers in in general terms is as follows.

During a decline in production, to increase aggregate demand, the state increases its spending on organizing public works (construction of roads, bridges and other facilities) and on the implementation of various government programs, thereby reviving many industries and firms. The state can influence economic growth by reducing its income, i.e. reducing taxes on households and businesses. The population's demand for consumer goods increases, and businesses have more opportunities to invest, which should ultimately lead to a revival of the economy. The state taxation system has a significant impact on business activities. After all, the tax burden may be such that even a well-functioning enterprise will not have enough funds left not only for expanded reproduction, but also for simple reproduction. It should provide for certain tax benefits for enterprises that operate in areas of the economy desired by the state; to stimulate small businesses; for enterprises that allocate a significant portion of their income to reconstruction, technical re-equipment and expansion of existing production. The state's tax policy should stimulate entrepreneurial activity in increasing production output and providing all kinds of services.

A reduction in government spending in certain cases leads to a reduction in the state budget deficit and, consequently, a slowdown in inflation processes.

However, macroregulation is not limited only to the direct actions of the state in the person of its governing bodies, since the state may be late in its actions.

In a market economy, there are certain mechanisms of self-organization and self-regulation that come into effect immediately as soon as negative processes in the economy are detected. In the economic literature they are called built-in stabilizers. They allow automatic changes in tax revenues, payments of social benefits, etc. Such a stabilizer can be a progressive taxation system, which determines the tax depending on income. As income increases, tax rates, approved in advance by the government, increase progressively.

The state's fiscal (budget) policy is aimed, first of all, at smoothing out economic fluctuations. By implementing only this policy, the state cannot fulfill its functions without an appropriate monetary policy, especially in conditions of a deep economic crisis.

¦ Monetary policy is the state’s targeted management of bank interest, money supply and loans. Unlike budgetary policy, monetary policy allows us to cope with both the decline in production and inflation. The essence of this policy is that the state influences the money supply and interest rate, and they, in turn, influence consumer and investment demand.

The Central Bank of Russia plays the main role in the implementation of monetary policy. By adjusting the interest rate depending on the current economic situation, it thereby expands or narrows the possibilities for issuing loans to commercial banks.

The Central Bank can also influence by rationing required reserves. Reducing this rate creates more opportunities for commercial banks to issue loans, and vice versa.

The state can significantly influence economic growth and inflation by purchasing or selling its securities. When securities are purchased, their holders have their own funds, which can stimulate economic growth. If the state is fighting inflation, then it sells its securities, thereby reducing the money supply in circulation.

As world practice has shown, budgetary and monetary policies must be carried out by the state jointly and in a balanced manner, because only in this case can it effectively influence business activities and the country’s economy.

¦ Scientific and technical policy. Acceleration of scientific and technological progress (STP) is the most important factor in economic recovery and transformation of the country into a powerful industrial state. For example, Japan’s rise to the most advanced positions in the world in a relatively short term This is primarily due to the fact that in the post-war period this country took the right orientation and began to purposefully pursue state policy aimed at accelerating scientific and technical progress.

The unified scientific and technical policy of the state is understood as a system of targeted measures that ensure the comprehensive development of science and technology and the introduction of their results into the national economy.

A unified state scientific and technical policy presupposes the selection of priority directions in the development of science and technology and all possible support from the state in their development. The following priority areas in the development of science and technology are generally recognized: comprehensive automation of production, electronicization of the national economy, development of new materials and technologies, biotechnology.

The choice of priorities is necessary not only in the areas of scientific and technical progress, but also among sectors of the national economy. It is known that such industries as mechanical engineering, chemical, and electric power accelerate scientific and technical progress in all other sectors of the national economy. Therefore, these industries should always be the focus of government attention.

To implement a unified scientific and technological policy, the state uses a number of means, the main of which are: sufficient and reasonable funding for the sphere of education and academic science; implementation of progressive depreciation and investment policies; improving the remuneration system for scientific workers; protection of competition; creating conditions when all subjects of a market economy will be interested in introducing everything new and advanced; active participation in international scientific and technical cooperation, etc.

An effective scientific and technological policy cannot be implemented without appropriate support from the state at a sufficiently high level of secondary and higher education, as well as academic science.

¦ Depreciation policy is an integral part of the general scientific and technical policy of the state. By establishing depreciation rates, the procedure for its calculation and use, the state thereby regulates the pace and nature of reproduction and, first of all, the rate of renewal of fixed assets.

When developing a depreciation policy, the state must adhere to the following principles;

* timely revaluation of fixed assets, especially in conditions of inflation;

* depreciation rates must be sufficient for simple and expanded reproduction of fixed assets;

* depreciation deductions at enterprises should be used only based on their functional purpose;

* depreciation rates must be differentiated depending on the functional purpose of fixed assets, as well as taking into account the period of their moral and physical wear and tear;

* possible implementation of accelerated depreciation by enterprises;

* depreciation policy should contribute to the renewal of fixed assets and the acceleration of scientific and technical progress.

Since 1991, the state's depreciation policy has changed significantly: depreciation deductions began to be made only for the complete restoration (renovation) of fixed assets, and they were canceled for major repairs; depreciation began to be accrued within the standard (and not the actual, as before) service life of the means of labor; depreciation charges of enterprises remain entirely at his disposal; Accelerated depreciation of fixed assets is allowed.

¦ An important point in depreciation policy is the timeliness of revaluation of fixed assets, especially in conditions of inflation. According to the Decree of the Government of the Russian Federation of August 19, 1994 No. 967, all enterprises, regardless of their form of ownership, are allowed to revaluate fixed assets by indexing their book value in accordance with current prices and reproduction conditions, as well as to index depreciation charges by applying an adjustment factor corresponding to the index inflation, published by state statistics bodies. The same Resolution allowed all enterprises, starting from July 1, 1994, to accept reduction factors for depreciation charges in the amount of up to 0.5 in cases where the financial and economic indicators of the enterprise and organization after the revaluation of fixed assets deteriorate significantly. Such revaluations and indexations are carried out annually. All these government measures should lead to the creation of favorable conditions for the active renewal of fixed assets and the acceleration of scientific and technological progress. By pursuing the correct depreciation policy, the state thereby allows enterprises to have sufficient funds in the form of depreciation charges for simple and expanded reproduction of fixed assets.

¦ Investment policy. Important levers of influence on business activity and the country’s economy are the state’s investment policy.

With the help of investment policy, the state can directly influence the rate of production, accelerate scientific and technical progress, change the structure of social production and solve many social problems.

A significant decline in production for the period 1991-1994, i.e. during the period of reforms, was largely due to a significant reduction in capital investment in material production. During this period, capital investments decreased three times, and their share in national income decreased to 15%, which did not even ensure the simple reproduction of social capital. In industrialized countries, the share of investment in national income is up to 40% or more.

In the context of the transition to a market economy, the main task is to free the state from the function of the main investor and create such conditions that the private sector in the economy is interested in investment activities. To do this, it must first of all ensure the stability of the economy and its predictability in development. In conditions of inflation, and therefore high interest rates on bank loans, the volume of investments, especially in medium- and long-term projects, is sharply reduced, since the theoretical dependence of the volume of investments on the interest rate is known, according to which the higher the interest rate, the lower the volume investments investments.

In general terms, the state can influence investment activity using a variety of levers:

* credit, financial and tax policies;

* providing a variety of benefits to enterprises investing in the reconstruction and technical re-equipment of production;

* depreciation policy;

* creating favorable conditions for attracting foreign investment;

* scientific and technical policy, etc.

The future of the country's economy largely depends on the investment policy pursued by the state.

¦ State entrepreneurship. One of the most important forms of direct government intervention in the economy is state entrepreneurship. It forms a special type of entrepreneurial activity, which is carried out within the framework of public sector and is associated with the participation of state-owned enterprises in the production and marketing of goods and services.

The state acts as an independent economic entity, realizing certain national goals: structural restructuring of production, mitigating sectoral and territorial imbalances, stimulating scientific and technological progress, increasing economic efficiency.

State entrepreneurship is direct government intervention in the reproduction process. It is especially necessary in low-profit industries that traditionally are not of interest to private capital, but whose development determines the general conditions of reproduction. These are, first of all, sectors of economic infrastructure (transport, communications, energy).

Until recently, the degree of nationalization in our country was extremely high by world standards, which negatively affected the development of the economy. As a result of the implementation of reforms, and in particular privatization, the share of the public sector began to decrease noticeably, but still remains quite high. Therefore, the process of further implementation of privatization is very relevant for our country - it is necessary to bring the share of the public sector to the optimal level.

¦ Forecasting, planning and regulation. Forecasting, planning and regulation are the most important levers of the state in managing the country's economy. With the transition to market relations, the role of forecasting and regulating management does not decrease, and planning methods change significantly. Directive planning, when each enterprise was assigned a predetermined production program and consumers, is being replaced by indicative planning. Its essence is that the state, based on a detailed analysis of the functioning of the economy over the previous period and based on available resources, sets the main macroeconomic indicators for the planning period: growth rates of gross national product and national income, inflation and unemployment levels, minimum wages, budget deficit , interest rate, etc. All these indicators together characterize the state of the economy for the planning period. At the same time, the state must also include macroeconomic indicators in the plan, which together would have a positive impact on the development of the country’s economy and the living standards of the population. Indicative planning involves not only the development of planned macroeconomic indicators (indicators), but also ways to achieve them. That is, the fiscal, scientific, technical, credit, financial, investment and social policies of the state are predetermined in order to achieve the planned indicators.

State planning must be continuous, ensured by the presence of short-term, medium-term, and long-term plans.

Long-term forecasting and planning make it possible to develop an economic strategy for the state for the next 5*20 years and thereby carry out annual planning, taking into account the implementation of both annual and long-term plans. The presence of an economic, scientific and technical strategy allows the state to achieve its intended goals with fewer resources, and, consequently, to continuously improve the efficiency of social production.

Regulation is closely related to planning. The state carries out regulation only if the planned macroeconomic indicators are not met during their implementation.

In many developed countries, planning at the state level takes the form of developing and implementing specific programs.

¦ Pricing is one of the effective levers of influence of the state on the economy and business activity. Using pricing policy, the state influences supply and demand, redistribution of income and resources, ensuring a minimum subsistence level, as well as anti-monopoly, anti-inflation and other processes in the direction desired by the state.

The state must pursue a pricing policy primarily with the aim of ensuring price stability, which is the basis for combating inflation, reviving investment and boosting the national economy.

It is known that in market conditions the prices for most goods are free, i.e. determined by supply and demand. For some essential goods and services, prices and tariffs are regulated by the state. This is the practice of almost all countries of the world with developed market economies. Although the share of goods and services whose prices are regulated by the state is insignificant - only 10-15% of the total commodity mass, this is of great importance for maintaining the minimum subsistence level of the population.

In many developed countries, the state regulates prices for the products of monopolistic enterprises. In Russia, the state also regulates prices for products (goods, services) of enterprise associations, regardless of departmental affiliation and forms of ownership included in the state register of monopolistic enterprises, by setting maximum prices (tariffs), fixed prices (tariffs), maximum price change factors, maximum levels of profitability, declaring an increase in free prices for products. State administrative control over prices is sometimes necessary to eliminate the costs of a market economy, especially in cases where economic methods do not produce the desired result.

The state can have a significant impact on business activities by pursuing appropriate foreign economic and social policies.

Carrying out foreign economic policy (customs tariffs, protectionism; adoption of laws creating favorable conditions for foreign investment and free entry of domestic entrepreneurs into the world market, and other measures), the state can significantly expand its export capabilities, improve the structure of exports, obtain a positive trade balance, create conditions for competition and improve the quality of domestic products, attract foreign investment in domestic economy, and also benefit significantly from the international division of labor.

3. Legal regulation of entrepreneurship

Entrepreneurial activity (entrepreneurship) - according to the civil legislation of the Russian Federation, an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in the manner prescribed by law. Subjects of entrepreneurial activity in the Russian Federation can be citizens of the Russian Federation who are not limited in their legal capacity, foreign citizens, stateless persons, as well as Russian and foreign legal entities. In the Russian Federation, the regulation of business activity is based on the norms of civil law, in contrast to most foreign countries, where business activity is regulated by the norms of trade

(commercial, economic) law.

The issue of the legal basis for state regulation of entrepreneurship cannot be disclosed without characterizing the content of the principles for implementing such a policy. The principles of state regulation of entrepreneurship are fundamental ideas enshrined in legal norms, in accordance with which the mechanism of Russian statehood in the field of entrepreneurship is organized and functions. These principles are part of the objectively existing general principles of government, which are enshrined in the current legislation and are used in the process of governing the country.

The principle of legality is a comprehensive legal principle. It applies to all forms of legal regulation and is addressed to all subjects of law. The main thing in the content of this principle is the requirement for the strictest compliance with laws and regulations based on them.

The legality of state regulation of entrepreneurship means that its measures comply with current legislation and are applied in the manner prescribed by law. A sufficient number of high-quality legal norms, along with a high level of their implementation by all subjects of legal relations, is the basis for ensuring the regime of legality of the activities of business entities. The principle of legality is the basis for the functioning of both the state in general and business activity in particular.

The principle of the expediency of state regulation of entrepreneurship is that it should be used only when with its help certain problems in the development of entrepreneurship can be solved and when the negative consequences of its use do not exceed the positive effect achieved with its help. The purpose of applying government regulation is to create obstacles to violations of legal norms.

The content of government regulation measures is subject to the principle of fairness. Justice is one of the general principles of law and is the guiding principle of legal regulation. The fairness of state regulation is ensured by the fact that the rules of law establish the equality of business entities before the law and are expressed in accordance with the volume of regulatory impact and the nature of the offense, in their proportionality.

The next principle of state regulation of entrepreneurship is the mutual responsibility of the state and business entities. At the same time, the main subject of ensuring the security of business activities is legally recognized as the state, which exercises functions in this area through the legislative, executive and judicial authorities. The state must ensure not only the safety of every person, but also provide guarantees to ensure the safety of business activities.

Today, the provisions of the Constitution of the Russian Federation provide guarantees for entrepreneurial activity. The norms of Art. 35 in the Constitution, since it contains three most important guarantees of entrepreneurial activity: no one can be deprived of their property except by a court decision, forced alienation of property for state needs can be carried out only subject to preliminary and equivalent compensation; the right of inheritance is guaranteed. The Constitution solves the main economic and legal problem

Property problem. The term “property” and its forms in the Constitution are understood as forms of management carried out by various entities.

In addition, a number of constitutional provisions provide a unified economic and legal space in the country.

Of fundamental importance are the provisions of the Constitution that proclaim

Russia is a social state, whose policies, including in the field of economics and entrepreneurship, serve to create conditions for a decent life and free development of a person, and his rights and freedoms are declared the highest value.

For the development of competition, as one of the main directions in the formation of civilized conditions for business activity, it is important to provide legal support for the development of a competitive environment and the fight against unfair competition. The Decree of the Government of the Russian Federation “On the state program for demonopolization of the economy and the development of competition in the markets of the Russian Federation (main directions and priority measures)” identified two areas of work: legal support for competition and the development of programs for demonopolization and development of competition. It should be noted that Russian legislation reflects the peculiarities of its economy and the specifics of its legal system:

Along with restrictions on the monopolistic activities of entrepreneurs - business entities, measures are provided to suppress state monopolism - monopolistic actions (acts, agreements) of state authorities and management,

Along with the prohibition of monopolistic actions and the introduction of liability for this, various measures are envisaged to support the development of small and medium-sized enterprises and the disaggregation of monopolistic structures.

The main methods of regulation were: price regulation, that is, the direct determination of prices (tariffs) or the setting of their maximum level; identifying consumers for mandatory servicing and/or establishing a minimum level of provision for them. Regulatory authorities are also charged with monitoring various activities of natural monopolies, including transactions for the acquisition of property rights, large investment projects, and the sale and rental of property.

Simplified schemes of state regulation of natural monopolies, based on indexation of tariffs (prices) and not accompanied by a thorough check of the validity of costs and investment activities, allowed monopolists to easily bypass the restrictions that quasi-regulatory bodies (Price Department of the Ministry of Economy, Federal Energy Commission) put in their way. The most important reasons for this situation were: the lack of the necessary legislative framework; uncertainty of the status of regulatory bodies, their dependence both on the government and ministries, and on regulated entities; lack of financial resources and qualified personnel.

Thus, in the field of creating a legislative and institutional framework for regulating natural monopolies, some important and necessary measures have been taken, but much remains to be done both in terms of building an effective regulatory system and in terms of restructuring industries, which will create a more compact and manageable sphere regulation.

With the beginning of the reforms, the problem of creating a regulatory framework for the insolvency of business entities became an urgent practical task. The importance of the insolvency institution lies in the fact that on its basis insolvent entities are excluded from civil circulation, and this leads to a healthier market and an increase in the security of the functioning of business entities.

In the new law, for the first time, the figure of the creditor state appears: if you owe the treasury, it, together with other creditors, will demand its full share. The previous law did not give the state the right to vote in bankruptcy proceedings - state representatives could only be present at meetings of creditors and in the arbitration process, without the right to vote. On the other hand, the old law required that the state's claims be satisfied almost in the first place. This was a serious contradiction, a source of confusion and abuse. The new law equalizes the rights of the state and all other creditors: they equally participate in meetings and receive theirs.

The old law introduced special bankruptcy regimes - usually more lenient - for city-forming enterprises. In addition, there is a separate law on fuel and energy enterprises. The new law introduces special bankruptcy regimes for natural monopolies and military-industrial complex enterprises.

The new law, like the old one, leaves room for the arbitrariness of bankruptcy creditors and judges. We need clear rules based on the debtor's financial statements.

Entrepreneurial activity in modern conditions requires state regulation, thanks to which the private interests of its specific subjects will be combined with the public legal interests of the whole society. In the system of such regulation measures in the Russian Federation, licensing of this activity has become widespread.

Business licensing is a relatively new phenomenon in Russian legislation, however, certain legal problems have emerged in the application of the licensing mechanism. Their solution becomes a condition for its effective functioning.

Until recently, state licensing of entrepreneurship was the main element of such regulation. Officials had a very convenient mechanism: you can always check how licensed companies operate and quickly stop violations - with a warning, suspension or revocation of the license. At the same time, licensing, by installing unnecessary bureaucratic barriers on the path of entrepreneurs, reduces, as practice has shown, the number of market participants, and therefore weakens competition. This is dangerous for the economy, especially in conditions of an almost complete lack of public control over the activities of the bureaucratic machine. Of course, the actions of an official can be appealed in court, and the latter very often takes the side of the entrepreneur. However, businessmen do not always dare to initiate proceedings. Sometimes you have to wait quite a long time for a court decision, and during this time officials can paralyze the activities of the obstinate.

Currently, only those types of business activities fall under the licensing law, “the implementation of which may entail damage to the rights, legitimate interests, health of citizens, defense and security of the state, the cultural heritage of the peoples of the Russian Federation and the regulation of which cannot be carried out by methods other than licensing." In addition, now a license is issued for a period of at least five years (under the old law - at least three). The powers of licensing authorities, procedures for issuing, re-issuing and revoking a license are clarified.

Finally, the new law introduces an exhaustive, much shorter than in the old version, list of licensed activities.

The licensing system was well developed at the regional level. It was only necessary to supplement it with the Federal Leasing Center, which would make it possible to more effectively and efficiently resolve emerging issues.

Conclusion

To reasonably determine the areas of priority attention of the state to entrepreneurship, one should turn to the principles of entrepreneurial activity. Based on their essence, we can highlight the following areas of priority effort:

Stimulating the development of advanced technologies that ensure a competitive level of production means and technologies (including intelligent management technologies) in order to increase the intensity, quality and, in general, efficiency of the production process;

Development of relevant educational and training programs, information and consulting support programs;

Development of a competitive environment that stimulates the timely launch of reorganization and bankruptcy procedures in order to free up a “place in the sun” for more efficient enterprises;

Development of mutually beneficial and well-coordinated relations between various vertical levels (city/district, region, center), stimulating their mutually effective partnership in the field of creating a regulatory framework that eliminates contradictions and gaps at various levels;

Development of a complex of external infrastructure conditions (both physical - communications, communications, production facilities, and non-physical - political, legal, economic, social, cultural, technological)

Thus, these aspects focus primarily on indirect stimulating forms of support. Because in the conditions of an attractive stimulating environment for the development of entrepreneurship and trust of business and the population in the state, financial flows will begin to be generated not from the outside (region or country), but from internal “growth points”. Accordingly, the attraction of external financial flows will then be carried out not on the terms of handouts and alms, but on cooperation, partnership and fair competition.

It should be added that the existing legal system of Ukraine still cannot adequately protect the rights and interests of entrepreneurs. Official law turned out to be divorced from the real processes taking place in the socio-economic life of Ukraine. That is why most economic, including business, activities are carried out outside its borders. “Legal vacuum”, the lack of effective legal norms that support modern socio-economic processes, on the one hand, lead to legal nihilism and people’s distrust of the state in general. On the other hand, this “vacuum” is quickly filled with informal and, as a rule, illegal methods of conducting business and resolving disputes.

I believe that the following factors should prevail in state policy on entrepreneurship development:

Definition of entrepreneurship as a progressive form of economic management, which today meets the requirements of a market economy and is capable of overcoming crisis phenomena in the social sphere, providing employment and well-being for the majority of the population;

Forms and methods of promoting entrepreneurship development must be linked to income forecasts, part of which the region expects to receive from entrepreneurial activity;

Public policy must be hierarchical.

List of used literature

1. Bushmin E. The role and place of budgetary procedures in the system of public finance // Economic Issues, No. 5, 2003, pp. 42-49.

2. State regulation of a market economy: Textbook. - M., Delo, 2002.

3. Ershov M. The most important mechanisms of economic policy // World Economy and International Relations, No. 6, 2004, pp. 3-12.

4. Economics course: Textbook / Ed. B.A. Reisberg. - M., INFRA-M, 2001.

5. General economic theory /. - Voronezh, Publishing house. VSU, 2000.

6. Economic theory: Textbook / Ed. I.P. Nikolaeva. - M., Prospekt, 2001.

7. Totyev K.Yu. Business law. Public legal status of an entrepreneur. M., 2003. P. 25.

8. Karyagin N.E., Mikhailov A.V., Chelyshev M.Yu. Commentary on legislation on state regulation of business activities. St. Petersburg, 2003.

9. Zankovsky S.S. Entrepreneurial (economic) law in the 21st century: continuity and development. M., 2001.

10. Gadzhiev G.A. Constitutional principles of a market economy (development of the foundations of civil law in decisions of the Constitutional Court of the Russian Federation). M., 2002.

11. Belykh V.S., Vinichenko S.I. Legal regulation of prices and pricing in the Russian Federation: Educational and practical work. allowance. M., 2002.

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