Explanation of the legislation “Obstruction of lawful business or other activities”

Concept and signs of entrepreneurial activity

Entrepreneurial activity refers to actions aimed at extracting profit from available resources. The resource base can be formed from intellectual abilities and property assets. An entrepreneur can create his own business project based on the provision of specific services or performance of work for a fee.

What are the principles of business law ?

IMPORTANT! The main conditions for the implementation of entrepreneurial activity are obtaining material benefits, accepting business risks and having an officially assigned status of a commercial structure or individual entrepreneur. To do this, you need to register as a business entity.

Civil law proposes to identify entrepreneurial activity according to the following set of characteristics:

1. Independence of property and organizational types. The property type of isolation implies the ability to dispose of one’s own property in the implementation of the main activity. Organizational independence arises at the moment of decision making - this is the freedom to choose from several development paths of the option that the entrepreneur considers the only correct one (without taking into account the opinions of controlling and third parties).
2. Systematicity. This means that business activities must be carried out on an ongoing basis without long downtime. This criterion is manifested in the regular receipt of income and is aimed at constant profit.

The concept of “economic entity” in business law

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3. Responsibility for property risks. An entrepreneur is responsible for the results of his work with property assets. For individual entrepreneurs, the norm applies to his personal property, for founders of enterprises - to corporate property.
4. Compliance with formal procedures. The exercise of the legal right to conduct business on the territory of Russia is possible subject to residence in the country of business activity and completion of all stages of legalization of the status of a merchant. Profit from business will be recognized as legal only in relation to individual entrepreneurs and legal entities registered and registered with the Federal Tax Service.
5. Focus on increasing the level of profitability of the project. Commercial actors are aimed at extracting maximum material benefits. Profit is the main goal of every transaction performed.

FOR REFERENCE! An unprofitable business is also recognized as an entrepreneurial activity. Such projects cannot bring profit to their owners, but all stages of development are aimed at achieving a break-even point and gradually reaching the level of profits and excess profits.

Business activity is characterized by risk. Risks can be of different types:

• financial;
• organizational type;
• economic;
• dependent on the business entity or separate from its actions.

Risks can positively or negatively influence business processes. To some of them, managers of enterprises and individual entrepreneurs can apply preventive measures. But it is impossible to deal with manifestations of external risks, such as changes in the legislative framework, force majeure situations of natural or man-made origin. An entrepreneur can try to protect himself as much as possible using insurance market tools. An additional measure of influence is the optimization of the control and management system within the business structure.

Signs of entrepreneurial activity include professionalism and constant search for resources for business development. Professionalism implies having experience in practical business activities or at least minimal theoretical training.

NOTE! Professionalism as a criterion for identifying entrepreneurial activity does not apply to all areas of business. This criterion is considered among the main ones when assessing the work of persons involved in projects subject to compulsory licensing.

For entrepreneurs of all types, it is important to constantly monitor the environment, analyze the competitive environment and compare their performance with data from direct competing entities. To maintain a high level of profitability, it is necessary to systematically select new resources for project development. Resources that can provide the basis for reaching a higher level of profitability can be:

• cash injections;
• creation of our own raw material base;
• equipment modernization;
• renewal of technological lines;
• improving the qualifications of employees;
• development of our own system of interaction with counterparties to form a wide base of loyal and regular customers.