Modern small business operates within the framework of legislative norms that establish a number of restrictions on the mode of work and rest of employees, social guarantees and labor safety. Individual entrepreneurs and owners of small enterprises must comply with the norms of the Civil Code, environmental, environmental and epidemiological legislation, contractual and financial law. In the field of their attention, there should always be features of tax law and consumer protection law.
The economic and legal regulation of the activities of a small enterprise is not only external in nature, associated with the need to use laws issued by the state. Of great importance is the internal streamlining of business processes and relationships between employees of the enterprise, based on internal legal acts and documents - orders and instructions, internal labor regulations, provisions on remuneration and bonuses to employees, job descriptions, guidelines for working with clients, codes business ethics adopted by small businesses. The external and internal (private) legislative environment in which small businesses operate forms a legal field that has both general and special characteristics (see Fig. 1).
Figure 1 shows that the legal field in which a small business operates is made up of an external legislative environment that is universal for small businesses, and internal environment(private law), which is always individual for any company.
Both the external and internal legal environment of a small business do not remain static and unchanged over time. Legislative and executive power is constantly modifying and improving existing legal acts, creates new ones and cancels old ones. The rules of the game for small businesses change almost every year in terms of changing tax rates and local coefficients, accounting rules and financial reporting, interaction with pension fund, funds of social and obligatory medical insurance. Along with the legal environment, the technologies of interaction with government bodies which are increasingly shifting to the Internet.
In accordance with the change legislative framework and market conditions, the legal field of a small business is also changing. To increase competition from similar enterprises, small business owners are introducing new systems of remuneration and bonuses for employees, tightening disciplinary practices (regulating the consumption of alcohol by employees not only during working hours, but also outside working hours; they are stricter in disclosing official information, stealing intellectual property). Approaches to interactions with partners, suppliers and financial and credit organizations are also changing, relations with which are being transferred to a more advanced legal platform.
Due to the constant changes in the external legal environment and the economic situation in the markets, small business owners have to keep their finger on the pulse all the time, monitoring legislative changes in the macro environment and making appropriate adjustments to internal legal documentation. It is almost impossible to do this alone, without relying on the support of specialists from various branches of law. Therefore, owners of small businesses are left with a choice - either to hire a lawyer on staff, or to seek qualified legal advice from a specialized firm on a one-time basis or on a subscription basis.
But maybe you can do without the services of lawyers, saving on their wages? In principle, this is possible, but only until the flaws associated with the lack of systematic legal work begin to break out. And then unreasonable savings turn into multiple losses from lawsuits, penalties and various kinds of sanctions. It is possible to resolve the situation only with the help of high costs for invited lawyers and court costs. In other words, it turns out that the miser pays twice. Let us explain what has been said as follows.
Operating in conditions of market uncertainty, small businesses take on various risks - they can be let down by business partners, suppliers fail to fulfill their obligations, and file unreasonable claims by tax and customs authorities. Cases can never be ruled out unfair competition, extortion, raiding and similar circumstances.
In an effort to protect yourself and limit possible risks, owners of small businesses seek the services of professional lawyers who, on a reimbursable basis, implement by their actions:
A) protection and legal function- that is, using your experience and professional knowledge, protect the interests of the client from possible claims and encroachments of third parties with the help of the law and the necessary legal procedures. By paying for the services of lawyers, small business owners provide their business with intellectual protection within the framework of national and international law.
b) the function of internal regulation of managerial and organizational issues within the enterprise. It is known that the daily activities of any legal entity are associated with the issuance of many orders and orders, with the regulation of official prerogatives and powers of certain units or persons, with issues of hiring and firing, paying salaries and bonuses. These and other issues are resolved not arbitrarily, but in compliance with labor, financial, environmental and other laws that protect all participants in joint activities from abuse. Qualified legal assistance in these matters is essential.
V) economic function . Carrying out business activities individual entrepreneurs and legal entities are constantly faced with the problems of paying taxes correctly, concluding adequate contracts with suppliers and trade organizations, with litigation with other market participants, as well as with regulatory and supervisory authorities.
Needless to say, the amounts of claims brought against counterparties of transactions are sometimes quite significant. There can be large losses associated with the incorrect payment of taxes - an enterprise-payer may have legal preferences, deductions and tax holidays, but due to poor knowledge of tax and financial law, lose monthly cash. A good specialist in the field of taxes, financial and credit legislation, as well as other branches of law (for example, legislation on disabled people working in an enterprise) will save entity from payments where it is not needed. The above triad of legal services is the basis legal support small business.
Industry as a large complex branch of the commodity sector of a market economy includes many industries (coal, oil, machine building, food industry, etc.), which, in turn, are combined in economic and organizational terms into industrial complexes, for example, electric power, engineering, military-industrial and others. So, within the framework of a single industrial complex, the aviation industry, rocket and space industry, radio and electronic industry, the shipbuilding industry in their totality constitute the military-industrial complex as a certain unity, in relation to which management decisions on the highest level.
The primary link of industry as a single economic complex and all the structural elements of its system are economic entities engaged in the production of industrial products and acting on the commodity market as business entities aimed at making a profit. They are various commercial organizations in their organizational and legal forms: enterprises, firms, small businesses, production cooperatives, joint-stock companies, concerns, associations and other industry, inter-sectoral, territorial associations. According to the forms of ownership, enterprises can be state, municipal, cooperative, private and mixed. Most enterprises of non-state forms of ownership are joint-stock companies or limited liability companies.
An important structural element of the industrial complex is the largest complex industry associations such as the Russian Joint Stock Company for Energy and Electrification - RAO "UES of Russia", the Russian Joint Stock Company "Gazprom", the founder of which is the Government of the Russian Federation. They act as unified industrial and financial complexes. These are natural monopolies that have a peculiar legal status(Federal Law of August 17, 1995 No. 147-FZ "On Natural Monopolies" (as amended on November 8, 2007)). The State maintains a special Register of subjects of natural monopolies, which includes organizations (legal entities) engaged in the transmission of electrical and thermal energy, transportation of gas through pipelines, transportation of oil and oil products through main pipelines.
Government Russian Federation as the highest executive body of state power in accordance with the Constitution of the Russian Federation and the Federal constitutional law "On the Government of the Russian Federation" develops and implements the state socio-economic policy in organizing the functioning of all branches of the industrial complex, directing, coordinating, providing and controlling the work of all central executive authorities sectoral and functional competence of ministries, state committees and other federal departments in charge of the relevant industries and areas of activity of the industrial complex; manages federal property; conducts the entire system-structural organization of the central federal apparatus of state executive bodies, directing and controlling their activities; establishes the legal status of state executive bodies, approving the Regulations on the relevant federal ministries, departments and their territorial bodies; develops federal programs for the development of industry on a sectoral and regional scale, then taking all the measures necessary for their implementation.
The Ministry of Industry and Energy of the Russian Federation (Regulations on it, see: SZ RF. 2004. No. 25. Art. 2566), as an industry state regulatory body, has three federal services in its system: for nuclear supervision; on technological supervision; for technical regulation and metrology, as well as five federal agencies (for atomic energy; on energy; by industry; space agency; for construction, housing and communal services).
State control and supervision activities and in industrial complex. In the industrial complex, as in all other sectoral economic and economic complexes, state executive bodies of intersectoral competence apply administrative liability to guilty individuals and legal entities for an intersectoral scale and nature, for example, for violations of labor and labor protection legislation (Article 5.27 Code of Administrative Offenses of the Russian Federation), fictitious or deliberate bankruptcy (Article 14.12 of the Code of Administrative Offenses of the Russian Federation), administrative offenses in the field of finance, taxes and fees, the securities market (Article 15.1-15.26) and others. But there are also industry-specific varieties of administrative responsibility of a sectoral scale and nature, applied within the framework of sectoral administrative and legal regulation for administrative offenses in the field, for example, state mining and industrial supervision, state supervision of nuclear and radiation safety, state energy supervision and state geological control and supervision, state supervision of compliance with mandatory requirements state standards in the industry.
Administrative and legal regulation in the construction complex
In the system of the construction complex as a large complex sector of the economy, there is a large number of design and construction and design and technology organizations, usually specializing in the design of the construction of certain objects - industrial, rural, water management, transport, housing, etc.
Design - the process of creating a kit technical documentation on which the construction of a particular building or structure will be carried out. Many design institutes and other design and construction organizations are engaged in designing, which develop construction projects for specific customers on a contractual basis, and the relevant state or municipal authorities approve them, as a rule, after the state examination of the pre-design and project documentation.
The Government of the Russian Federation manages socio-economic processes in construction by creating market conditions for free entrepreneurship in the construction complex based on a rational combination of all forms of ownership, the creation and implementation of a legal mechanism market economy; unites and directs the work of the central executive authorities operating in the construction complex, establishes their organizational and legal status, approving the provisions on them. The powers of the Government of the Russian Federation in the field of urban planning activities include establishing the foundations of federal policy in this area, establishing the procedure for maintaining the state urban planning cadastre and monitoring objects of urban planning activities; establishing a procedure for licensing the development of urban planning and design documentation, establishing a procedure for issuing permits for the construction of real estate objects of federal significance, as well as real estate objects on the territories of objects of special regulation of federal significance, and a number of others listed in Art. 21 of the Town Planning Code of the Russian Federation. Similar functions and powers in construction management in the subjects of the Russian Federation are exercised within the territorial limits of this subject by the highest executive authorities of this subject (governor, administration, government).
Municipalities in the field of urban planning are in charge of: adoption and amendment of building rules, approval and implementation of urban planning documentation; organizing the maintenance of the state urban planning cadastre and monitoring of objects of urban planning activities in the event that local governments are vested with appropriate powers; monitoring compliance with the legislation of the Russian Federation on urban planning and some other issues (Article 23 of the Town Planning Code of the Russian Federation).
General economic ministries and departments (the Ministry of Economic Development and Trade of the Russian Federation, the Ministry of Finance of the Russian Federation), as bodies of intersectoral functional regulation, within their competence, exercise the same functions and powers in the construction complex as in other economic complexes.
The body of industry regulation in the construction complex is acting in the system of the Ministry of Industry and Energy of the Russian Federation federal agency for construction and housing and communal services.
Control and supervision in construction begins at the design stage and then is carried out during the construction process and after its completion (in the process of acceptance of completed buildings and structures).
At the design stage, control and supervision is carried out in the process of developing, reviewing and approving design estimates for construction. During the construction process, a special service of designers carries out an author's inspection - control of a representative design organization for the correct execution of the project by the builders.
Control and supervisory functions for the safe conduct of work in construction, compliance with fire safety rules, environmental, sanitary and anti-epidemic and other rules are carried out, respectively, by the bodies of state technical supervision, electrical supervision, fire, environmental, sanitary and epidemiological and other functional types state control and supervision. At the design stage, all these bodies are called upon to carry out preventive state control and supervision, giving opinions on construction projects in terms of compliance with all norms and rules. During the construction process, they are authorized to exercise current state control over the actual compliance with the rules and regulations by builders. Wherein officials control and supervisory state bodies have the right to apply measures of administrative warning, suppression (suspension, prohibition of work) and administrative penalties under Art. 9.4 and 9.5 of the Administrative Code of the Russian Federation.
Administrative and legal regulation in the agro-industrial complex
The agro-industrial complex (AIC) of the country includes many branches of agricultural and organically related industrial and other production: the main branches of agricultural production (agriculture, crop production and animal husbandry) and special branches of agriculture (forestry, hunting, fisheries, land reclamation and water management, harvesting, storage and industrial processing of agricultural products).
The economic reforms being carried out in Russia aimed at creating a multi-layered market economy and a competitive environment, the formation of a class of new owners have changed the very essence of the managerial organizing state influence on the functioning and development of agriculture, as well as the legal status of economic entities in that industry.
State management of agriculture has now been replaced by state regulation of agro-industrial production through the economic influence of the state on the production, processing and sale of agricultural products, raw materials and food, including fish and seafood, as well as production and technical services and logistics of agro-industrial production. State regulation of agro-industrial production is carried out in the following main areas: the formation and functioning of the market for agricultural products, raw materials and food; financing, lending, insurance, preferential taxation; protection of the interests of domestic producers in the implementation foreign economic activity; development of science and implementation scientific activity in the field of agro-industrial production; development social sphere villages; other directions determined by the legislation of the Russian Federation (see Articles 1, 2 of the Federal Law of July 14, 1997 No. 100-FZ "On State Regulation of Agro-Industrial Production").
The Government of the Russian Federation carries out general coordination of work and control over the activities of all federal executive bodies (ministries and departments) operating in the agro-industrial complex or having any functional relation to it. Among the most important areas of government regulation of the organization and activities of the agro-industrial complex include the development of federal targeted programs for the stabilization and development of agro-industrial production in the country, the development and implementation of state procurement, tax, price, credit, insurance, foreign economic policy in relation to the agro-industrial complex; appoints representatives of the state in open joint-stock companies of the agro-industrial complex, defining the basis of their competence; concludes annual agreements with the Agrarian Union of Russia; determines the types and procedure for the annual provision of various measures state support agro-industrial complex.
The Ministry of Agriculture of the Russian Federation (Ministry of Agriculture of Russia) is a federal executive body that conducts state policy and manages the agro-industrial complex and food supply of the country, as well as coordinating the activities of other federal executive bodies in this area in cases established by federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation. It carries out its activities in cooperation with other federal and constituent entities of the Russian Federation executive authorities, local governments and public organizations.
In the system of the Ministry of Agriculture of the Russian Federation there are
federal Service for Veterinary and Phytosanitary Surveillance, the Federal Agency for Agriculture and the Federal Agency for Fisheries.
In the system of the Ministry of Natural Resources of the Russian Federation, as a federal body for managing forestry, water management and subsoil use, there are the Federal Service for Supervision in the Sphere of Ecology and Nature Management, the Federal Forestry Agency, the Federal Agency for Water Resources and the Federal Agency for Subsoil Use.
Control, supervision and administrative responsibility in the agro-industrial complex has as its goal and social purpose the preservation and enhancement of the wealth of nature, ensuring the correct expedient use and preservation of material values, preventing epidemic and other diseases unsafe for humans among animals and plants, ensuring the high quality of industrial processing harvested and long-term storage of agricultural products.
The right to bring guilty individuals and legal entities to administrative responsibility is exercised by the following entities operating in the system of the Ministry of Agriculture of the Russian Federation:
bodies of state veterinary supervision and their officials (Article 23.14 of the Code of Administrative Offenses of the Russian Federation) - for violation of animal quarantine rules or other veterinary and sanitary rules; concealment of information about a sudden death or simultaneous mass diseases of animals; for violation of the veterinary and sanitary rules for the transportation or slaughter of animals, the rules for processing, storing or selling livestock products (Articles 10.6-10.8 of the Code of Administrative Offenses of the Russian Federation);
bodies of state quarantine phytosanitary control and their officials (Article 23.15 of the Code of Administrative Offenses of the Russian Federation) - for violation of the rules for combating quarantine, especially dangerous pests of plants, pathogens of plant diseases; violation of the procedure for the import and export of regulated products (quarantine material, regulated cargo; for violation of the rules for the production, procurement, transportation, storage, processing, use and sale of regulated products (quarantine material, regulated cargo) (Articles 10.1-10.3 of the Code of Administrative Offenses of the Russian Federation);
bodies of state control and supervision in the field of plant protection and their officials (Article 23.16 of the Code of Administrative Offenses of the Russian Federation) - for violation of the rules for handling pesticides; violation of the rules for combating weed plants (Articles 8.3, 10.1 of the Code of Administrative Offenses of the Russian Federation);
state seed inspectorates and their officials (Article 23.19 of the Code of Administrative Offenses of the Russian Federation) - for violation of the rules for the production, procurement, processing, storage, sale, transportation and use of seeds of agricultural plants; for violation of the rules for maintaining documentation for seeds of agricultural plants; for violating the procedure for importing seeds of agricultural plants into the territory of the Russian Federation (Articles 10.12-10.14 of the Code of Administrative Offenses of the Russian Federation).
Bodies of the Rosgoskhlebinspektsiya under the Government of the Russian Federation, exercising state control over the quality and rational use grain and products of its processing, and their officials (Article 23.18 of the Code of Administrative Offenses of the Russian Federation) may bring to administrative responsibility individuals and legal entities for violating the rules for storage, purchase or rational use of grain and products of its processing, the rules for the production of products of grain processing (Article 7.18 Code of Administrative Offenses of the Russian Federation).
Many executive authorities with the right to apply administrative penalties operate in the system of the Ministry of Natural Resources of the Russian Federation:
bodies exercising state control over the use and protection of land, and their officials (Article 23.21 of the Code of Administrative Offenses of the Russian Federation) have the right to bring individuals and legal entities to administrative responsibility for unauthorized occupation of a land plot; for the destruction of boundary signs of the boundaries of land plots; for unauthorized assignment of the right to use land; for hiding or distorting environmental information about the state of land; land damage; for failure to fulfill obligations to bring land into a condition suitable for use for its intended purpose; for the use of land not for the intended purpose, failure to comply with mandatory measures to improve land and protect soil (Articles 7.1, 7.2, 7.10, 8.5, 8.6-8.8 of the Code of Administrative Offenses of the Russian Federation);
bodies exercising state control over the use and protection of water bodies, and their officials (Article 23.23 of the Code of Administrative Offenses of the Russian Federation) may apply administrative penalties for the destruction of special water management or water protection signs; for unauthorized occupation of a water body or its use without a permit (license); for damage to a hydraulic, water management or water protection structure, device or installation; for unauthorized occupation of a land plot of a coastal protective strip of a water body, a water protection zone of a water body or a zone (district) of sanitary protection of sources of drinking and household water supply; for unauthorized assignment of the right to use a water body; for hiding or distorting environmental information about the state of water bodies; for violation of the procedure for granting for use and the regime for the use of land plots and forests in water protection zones and coastal strips of water bodies; for violation of the rules for the protection of water bodies; violation of water use rules; for violation of the rules for the operation of water management or water protection structures and devices; non-compliance with the rules for maintaining ship documents; for violation of the rules for the disposal of waste and other materials in the internal sea waters and territorial sea of the Russian Federation; for violation of the norms and rules for the safety of hydraulic structures (Articles 7.2, 7.6-7.8, 7.10, 8.5, 8.12-8.16, 8.19, 9.2 of the Code of Administrative Offenses of the Russian Federation);
authorities authorized in the field of use, protection and protection forest fund, and their officials (Article 23.24 of the Code of Administrative Offenses of the Russian Federation) may be held administratively liable for unauthorized occupation of forest fund lands; for the destruction of special forest inventory and forest management signs; for unauthorized occupation of a forest plot; for the use of objects of the animal world without a permit (license); for hiding or destroying information about the state of forests, forest fund lands and many other types of norms and rules for forest management, protection and protection of the forest fund (more than twenty items) (Art. 7.1, 7.2, 7.8-7.11, 8.7, 8.8, 8.12, 8.13, 8.24-8.37 of the Code of Administrative Offenses of the Russian Federation);
bodies authorized in the field of protection, control and regulation of wildlife objects classified as hunting objects and their habitats, and their officials (Article 23.26 of the Code of Administrative Offenses of the Russian Federation) are vested with the right to bring to administrative responsibility persons guilty of destroying, damaging special signs established by users and conservators of wildlife; use of objects of the animal world without permission (license); in violation of the rules for protecting the habitat or migration routes of animals and many other rules of ten names (Articles 7.2, 7.11, 8.33, 8.34-8.37 of the Code of Administrative Offenses of the Russian Federation);
state environmental control bodies and their officials (Article 23.29 of the Code of Administrative Offenses of the Russian Federation) are authorized to bring to administrative responsibility persons guilty of destroying or damaging signs of specially protected natural areas; for non-compliance with environmental requirements in the planning, feasibility study of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other facilities; for non-compliance with environmental and sanitary and epidemiological requirements when handling production and consumption waste or other hazardous substances and a number of other environmental requirements and norms (about twenty items) (Art. 7.2, 7.11, 8.1, 8.2, 8.4-8.6, 8.18-8.19 , 8.21-8.23, 8.31, 8.33-8.36, 8.39 of the Administrative Code of the Russian Federation).
Fish protection authorities and their officials (Article 23.27 of the Code of Administrative Offenses of the Russian Federation) have the right to bring individuals and legal entities to administrative responsibility for violating the rules for the protection of fish stocks and many other related rules and regulations for the protection, control and regulation of the use of wildlife objects classified as aquatic biological resources and their habitats (Articles 7.2, 7.11, 8.33, 8.34-8.38, 11.8-11.11, 11.13, 11.15-11.17 of the Code of Administrative Offenses of the Russian Federation).
Administrative and legal regulation in the economic and service complex
General social and legal characteristics of the composition and structure of the economic and service complex.
The economic and service complex includes a group of organizationally independent sectors of the economy, united by a community carried out by enterprises in these industries, economic and service activities, which are a specific type of production and economic activity. The activities of all branches of the economic and service complex are associated with the provision of economic services (transport, trade, information, communications, and others), which are a useful effect of one or another use value that does not have the physical form of a product, but has a financial equivalent of its market value.
The system of the economic and service complex includes the following sectors of the economy: transport (of all types), communications (postal, telegraph, telephone, etc.), domestic trade and consumer services, housing and communal services. In service industries production cycle does not close in the system of organizations of this industry, goes beyond its limits and continues further in the form of interaction between organizations of this service industry with the clientele. The whole point of the activity of service industries lies precisely in the proper and clear organization of services for individuals and legal entities (clientele) outside of this service industry. This leads to the existence of two groups organizational relations: 1) relationships of an intra-industry scale and nature between organizations in a given industry and 2) relations that go beyond the boundaries of the industry itself, developing between enterprises in service industries and clientele.
To organize relations of an intra-industry scale and nature, intra-organizational functions of intra-corporate management are carried out. They are aimed at creating a system of enterprises and organizations of the relevant service industry and intra-industry management bodies and ensuring the smooth and uninterrupted operation of the entire system of the industry (organization of forecasting the development of the industry, financing and material and technical equipment, scientific and technical regulation, work with personnel, etc. .). For the organization of the second group of relations, the managerial functions of an intersectoral scale and nature are aimed at regulating the relations of enterprises and organizations of the corresponding service industry with the clientele: establishing service rules (rules for transportation, trade, rules for the provision of domestic services, rules for using residential premises, etc.), establishing rules and the mode of operation of enterprises and organizations in the service industries, the establishment of rules for using the services provided (rules for using the telephone, rules for the behavior of passengers on a train, plane, etc.). The implementation of these functions is an organizational, managerial act that precedes civil law relations, which are entered into by enterprises in the service industries with the clientele.
The most important element of the state organization of any types of economic services for individuals and legal entities is the protection of their interests as consumers. The Resolution of the UN General Assembly of April 9, 1985 "Guiding principles for protecting the interests of consumers" consolidated eight fundamental consumer rights: 1) the right to choose; 2) the right to compensation for harm; 3) the right to be heard; 4) the right to information; 5) the right to consumer education; 6) the right to meet basic needs; 7) the right to quality; 8) the right to security.
All these rights, to one degree or another, have already been reflected in modern Russian consumer protection legislation: in the Civil Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, in the Federal Law “On Antimonopoly Policy and Support for New Economic Structures”, federal law“On Certification of Products and Services” and especially in the Federal Law of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights” (as amended on October 25, 2007).
The Government of the Russian Federation, as the highest executive body, develops a state policy in the organization and activities of industries in the economic and service complex, organizes, directs and controls the activities of sectoral ministries and departments in the economic and service complex; develops and implements the implementation of federal and regional programs for the development of service industries; approves the Rules for the provision of services in each service industry. In order to ensure the interaction of federal executive authorities on consumer protection issues, the Government of the Russian Federation has established the Interdepartmental Council for Consumer Rights Protection, one of the main tasks of which is to coordinate the actions of federal executive authorities on the implementation of the Law of the Russian Federation "On the Protection of Consumer Rights" and participate in the implementation of measures to improve the mechanism for implementing consumer protection legislation.
The Federal Service for Supervision of Consumer Rights Protection and Human Welfare operates within the system of the Ministry of Health and social development RF.
In the system of the Ministry of Information Technologies and Communications of the Russian Federation (Regulations on it, see: Russian newspaper. 2004. July 1) are:
Federal Service for Supervision in the Sphere of Communications, Federal Service for Supervision in the Sphere of Transport, Federal Agency for Air Transport, Federal Highway Agency, Federal Agency for Railway Transport, Federal Agency for Sea and River Transport, Federal Communications Agency, acting on the basis of the Regulations on them, approved by resolutions Government of the Russian Federation. Intersectoral coordination and functional regulation in the field of housing and communal services and its reform, in cooperation with the executive authorities of the constituent entities of the Russian Federation, is carried out by the Federal Agency for Construction, Housing and Communal Services, operating within the system of the Ministry of Industry and Energy of the Russian Federation.
Administrative responsibility in the sectors of the economic and service complex is applied to individuals and legal entities by many control and supervisory bodies and their officials:
The bodies of the Russian transport inspectorate and their officials (Article 23.36 of the Code of Administrative Offenses of the Russian Federation) are endowed with the right to bring individuals and legal entities to administrative responsibility for administrative offenses under Art. 8.2, 8.3, 8.22, 8.23, 11.2, 11.14, 11.15, 11.17, 11.23, 11.25-11.29, 12.3, 19.19 of the Administrative Code of the Russian Federation.
Road transport authorities and their officials (Article 23.37 of the Code of Administrative Offenses of the Russian Federation) are endowed with the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 11.15, 11.18, 11.19 Administrative Code of the Russian Federation.
Maritime transport authorities and their officials (Article 23.38 of the Code of Administrative Offenses of the Russian Federation) have the right to bring to administrative responsibility persons guilty of committing administrative offenses provided for in Art. 8.22, 8.23, 11.6, 11.7, 11.8-11.11, 11.13-11.19 of the Administrative Code of the Russian Federation.
Internal organs water transport and their officials (Article 23.39 of the Code of Administrative Offenses of the Russian Federation) are authorized to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 8.22, 11.6-11, 11.13-11.19 Administrative Code of the Russian Federation.
Organs state inspection on small size courts and their officials (Article 23.40 of the Code of Administrative Offenses of the Russian Federation) have the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 8.22, 8.23, 11.7-11.13 of the Code of Administrative Offenses of the Russian Federation.
Railway transport authorities and their officials (Article 23.41 of the Code of Administrative Offenses of the Russian Federation) are vested with the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 11.1, 11.14-11.19 Administrative Code of the Russian Federation.
Bodies implementing state regulation in the field of aviation (Article 23.42 of the Code of Administrative Offenses of the Russian Federation), have the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 8.22, 8.23, 11.3, 11.5, 11.14-11.19 of the Administrative Code of the Russian Federation.
Organs unified system air traffic organizations in the Russian Federation and their officials (Article 23.43 of the Code of Administrative Offenses of the Russian Federation) are authorized to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 11.4, 18.1 of the Code of Administrative Offenses of the Russian Federation.
Bodies implementing state supervision for communication and informatization, and their officials (Article 23.44 of the Code of Administrative Offenses of the Russian Federation) have the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 13.1, 13.6-13.9, 13.18 of the Administrative Code of the Russian Federation.
Bodies of the state inspection for trade, quality of goods and consumer protection and their officials (Article 23.49 of the Code of Administrative Offenses of the Russian Federation) are vested with the right to bring to administrative responsibility persons guilty of committing administrative offenses under Art. 10.8, 14.2, 14.4, 14.15, 14.16, 19.14 of the Administrative Code of the Russian Federation.
Guarantees of legality - it is a certain set of organizational, economic, political, ideological and other factors and legal measures that ensure the observance of laws, the rights of citizens and the interests of society and the state. They are complex in nature, associated with many phenomena and processes. social life and can be effective only in their totality, in the close interweaving of objective and subjective conditions and prerequisites of social life with special legal and organizational means aimed at ensuring the rule of law. Guarantees of legality are usually divided into general and special (legal).
General guarantees
Among such guarantees of public life, creating a favorable environment for effective legal regulation, the following can be distinguished.
Economic guarantees. They are rooted in the very socio-economic structure of society, the nature of ownership, the organization of the economic system, the possibilities of private entrepreneurial and other economic activities, and are the main starting point for all other guarantees. Economic factors largely determine the stability of the socio-political situation in the country, the effectiveness of legislation and the activities of the entire state apparatus for the implementation of legal norms. Economic guarantees include ensuring the equal existence of different forms of property, the establishment and protection of private property, freedom of private enterprise, sustainable monetary system and tax policy, the rhythmic work of the entire economic mechanism, full and timely remuneration of labor, etc. Under the conditions of economic instability, falling production, disruption of economic ties, inflation and the facts of late payment of salaries and pensions, the full-fledged operation of legal norms is weakened, social ties are disorganized, and the level of crime rises, and not only in the economic sphere.
Political guarantees - this is the development and improvement of the democratic foundations of society, the formation of a state of law, the separation of powers and their cooperation among themselves, pluralism of opinions and ideological diversity, ensuring a multi-party system and free parliamentarism, etc.
Ideological guarantees assume the creation in society of a high level of legal culture based on respect for the law, on its high authority, on the internal consent of people with normative prescriptions. This is the development of legal awareness, widespread propaganda and dissemination of legal knowledge among citizens, the creation of a habit, an internal need to comply with the law, skills and abilities to use legal norms in everyday life. Raising the level of moral attitudes of the individual, their general culture, the formation of features of law-abiding, admiration for the law, active life position- important ideological prerequisites for strengthening the rule of law. The shortcomings of the education system, and even more so its destruction, create favorable conditions for the weakening of discipline, organization, and the growth of crime. The ideological conditions also include the level of development of legal science, the completeness of the implementation of democratic, humanistic ideas and concepts in theoretical studies (the theory of the rule of law, the provision and protection of individual rights, parliamentarism, etc.), the rationale for their implementation in law-making and law enforcement practice.
Social guarantees (high standard of living of the population, concern for socially unprotected strata of society, ensuring and protecting the rights and freedoms of the individual, citizens' confidence in tomorrow) also have a significant impact on the level of legality. The growth of unemployment, delays in the payment of wages, pensions and other social payments, the increase in the cost of living create a breeding ground for illegal enrichment, ignoring legal norms, social, national and domestic conflicts.
Public guarantees - active involvement of the public in the fight against violations of the law, in the prevention of offenses, the creation of an atmosphere of moral boycott of persons who transgress or are able to transgress the requirements of the law.
Special Legal Guarantees
Such guarantees are understood as a set of methods and means established by law aimed at preventing, eliminating and suppressing offenses, at protecting and ensuring the rights and freedoms of the individual, other subjects of law. These include:
- c) exhaustive and effective regulation by legal means of all relations that need legal regulation. Gaps in the law, insufficiently clear, incomplete, contradictory regulation can give rise to chaos in public life, facts of arbitrariness and discretion in the activities of state bodies and individual officials;
- b) improving the quality of legislation, its improvement. Laws must correspond to the real conditions of life, the norms of universal morality, reflect the trends of social development, be clear and accessible. There is a need for constant updating of legislation, the abolition or modification of outdated norms, the systematization of normative acts, their effective accounting;
- c) the establishment of special institutions and procedures aimed at ensuring the rule of law in the activities state apparatus(judicial appeal against the actions of the administration that violate the rights of citizens, the presumption of innocence, the independence of the court, etc.), carefully developed procedural norms when considering criminal, civil and other cases;
- d) establishment of effective measures of responsibility (legal sanctions) for offenses;
- e) clear and efficient operation law enforcement: courts, prosecutors, police, special inspections, aimed at preventing and suppressing crimes and other offenses, bringing the perpetrators to justice;
- f) control and supervisory activities of special bodies that monitor compliance with legal norms: the activities of the Constitutional Court, other judicial, as well as prosecutorial and investigating authorities, control of state bodies over their subordinate units, improvement legal service state and other institutions and organizations1.
law and order
Law and order - this is a state of orderliness of public relations regulated by law, which arose as a result of the consistent implementation of legality and is characterized by the real provision, implementation and protection of the rights and freedoms of the individual, strict observance of legal obligations, and the lawful activities of all individual and collective subjects of law. It also provides for a resolute struggle against any violations of legal norms, the restoration of violated subjective rights. This is the order where the relationship of bodies, organizations and individual citizens clearly defined by law, secured and protected state power. Law and order is a necessary element of the organization and functioning of state power. Only strong power, based on the steady implementation of the law, on the "dictatorship" of law, is able to create a strong and stable legal order in society, an atmosphere of respect and authority for law. Legal nihilism, the desire of an official to circumvent, ignore the law, rise above it, reduce its authority and social significance - is a breeding ground for weakening the true rule of law in the country.
should be distinguished actual law and order those. the actual state of social relations regulated by law, and that ideal of law and order to which a civilized state aspires in its law-making and law enforcement activities, which is the goal of legal regulation. A stable and lasting legal order can be established only where there is a genuine regime of democracy, authority and respect for the law, where an environment is created for the steady operation of law, the confidence of citizens in the inviolability of their rights, that any violations of legal norms will be identified and suppressed.
The rule of law is a necessary component of a broader concept - public order, which is understood as an ordered system of all relations existing in society, based on the steady implementation of all social normative regulators (moral norms, law, corporate norms, etc.). law and order and public order correlate as a part and a whole, and the latter concept is somewhat broader than the first. If social order historically arises along with the formation of human society as its organic part and condition for existence, then the rule of law as a political and legal phenomenon arises much later with the formation of public authority, law, and laws. If the rule of law is based on law and is the result of its implementation, then public order is a consequence of observing not only legal, but also all other social norms of society. Finally, if the rule of law is based on a special apparatus of coercion, then public order is also based on the power of public opinion, measures of non-state influence. In case of violation of the rule of law and public order, different consequences are possible: in the first case, legal sanctions can be applied, in the second - moral measures as well.
Lecture 1
Topic 1 :AN ENTERPRISE IN THE SYSTEM MARKET RELATIONS
B1: Improving the organization of the production activities of the enterprise
The organizational activity of the enterprise covers a set of tasks of an organizational, technical and economic nature, provides for the choice and justification of the production structure of the enterprise, organizational forms and economic methods of conducting production, in progress organizational activities, the necessary production relations are established and conditions are created that ensure the interaction on an economic basis of all elements of the production process and internal divisions. The production activity of workers is organized on the basis of the division of labor, duties within a certain hierarchical structure. The rational organization of the production activity of the enterprise ensures the coordination and optimization in time and space of all production resources, the influence of organizational factors to achieve the goals of the enterprise - satisfying consumer needs, ensuring the superiority and competitiveness of the enterprise and, ultimately, economic growth.
Improving the organization of production activities of enterprises is one of the most important areas of reforming enterprises.
When organizing production processes, people, tools and objects of labor are combined to ensure a rational combination in time and space of the main, auxiliary and service processes. The basis is the principles of rational organization of the production process. Parts of the production process are combined in space and type of production structure that needs to be changed. It must be dynamic, depending on the changing conditions of production activities. The main factors in the development of production structures are the optimization of the number and size of the production units of the enterprise; ensuring a rational balance between the main, auxiliary and service units; raising the technical level of production.
To ensure the rational interaction of all elements of the production process and streamline the work performed in time and space, it is necessary to form the production cycle of the product. Reducing the duration of the production cycle is achieved by reducing the time of the working period and interruptions in the production process, which, in turn, is due to the improvement of technology and technology, an increase in the level of production organization.
In the context of the transition to market relations, which require flexible response to changes in consumer demand for a particular type of product, the role of operational production management increases, the main disadvantages of which are due to the discrepancy between the throughput of equipment in sections and workshops, the appearance of "bottlenecks", unscheduled equipment downtime; shortcomings in the organization of production, labor, planning; interruptions in logistics; low level of labor and production discipline.
Stage 2
Solving the problems of operational management of production (OUP) is associated with the implementation of the entire range of work on each of the elements of the OUP. By operational schedulingproduction - this is the differentiation and bringing control tasks to the direct executors; coordinating the work of workshops, sections of the enterprise and justifying their need for resources (materials, components, equipment, tools); formation of coordinated plans for the activities of sections, teams, individual workers for the production of blanks, parts of products. By operational accounting (control) of the stateproduction - is to provide reliable, timely
information; accounting for the movement of parts, assembly units along the technological route (by workshops, sections, workplaces), the movement of materials and components in the warehouses of the enterprise; organization of warehousing and accounting of finished parts and assembly units; accounting for the sale of products and the fulfillment of the supply plan under contracts. Analysis of the production progress provides for the determination of deviations in the fulfillment of tasks by the quantity and timing of the release of blanks, parts, products; identifying shortages of materials, components, causes and perpetrators of production downtime. Operational regulation and coordination of production involves taking measures to prevent and eliminate deviations from the plan and downtime during production; coordination of the current work of interconnected production links; management of the preparation of the necessary resources for the implementation of production schedules and shift-daily tasks.
Highly efficient enterprises are enterprises capable of innovation and development. The development and development of the production of new products involves the implementation of a set of processes of a scientific, technical, organizational and economic nature. At the same time, basic goals - creation of new products of a given technical level and quality; reduction of costs and duration of the cycle of creation, production and development of new products. Main problem, that needs to be addressed is the extremely high duration of the pre-production cycle and mastering the release of new types of products. Key measures to reduce the time of preparation of production - reducing the time of the working period due to the implementation of measures to reduce labor costs; reduction of the time of interruptions in the preparation of production, the introduction of a parallel-combined method of organizing work. The acceleration of the development of new products is facilitated by the participation of developers, manufacturers and consumers in the design and production of new products, the readiness of production for development, the ability to quickly adjust to the production of new products with minimal loss of time and money, and coordination of pre-production work.
Development of innovative activity carried out in the following areas:
Organization of examinations, implementation and replication of inventions, know-how, scientific and technical developments, scientific works, discoveries, industrial designs, trademarks, creation of prototypes, pilot testing, creation of new models of equipment, technology and scientific and technical documentation, production preparation ;
Conducting research, design, development, marketing research in order to create samples new technology and technologies;
Patent-licensing activity.
The rational organization of innovation activity involves the choice of the optimal organizational form: scientific institutions, design organization, bureau of rationalization and invention, problem commissions, temporary teams, scientific unions and funds, including investment associations, consortiums; small innovative enterprises; technopark structures; program-targeted and technopark organization of innovative activity at small enterprises.
The efficiency of manufacturing and producing competitive products at minimal cost and the uninterrupted production and economic activity of the enterprise are ensured not only by the rational organization of technological processes, but also by a high level of maintenance of the main production and all divisions of the production infrastructure.
Enterprise infrastructure is a complex of departments and services, the main task which is reduced to ensuring the normal functioning (without interruptions and stops) of the main production and all areas of the enterprise.
For most enterprises, subdivisions of auxiliary production and the entire maintenance system are repair, tool, energy, transport, storage and container facilities.
The enterprise maintenance system must meet the following requirements: provide conditions for the release of competitive products at minimal cost; carry out technical, economic and organizational regulation of service processes; be preventive; to ensure flexibility, continuity and minimal restructuring during the transition of the main production to the production of new products.
Thus, auxiliary farms require a high level of organization, adequate to the level of organization of the main production.
Underestimation of the role of maintenance, shortcomings in its organization led to a number of problems. The irrational costs of enterprises associated with the implementation of the entire complex of works but maintenance by the enterprise itself are great. The costs of manual labor and the cost of production of the production infrastructure units are significant. Products and services of poor quality. There is a gap in the technical and organizational levels of the main and auxiliary industries, the number of auxiliary workers is high, and their qualification level is insufficient. There are significant shortcomings in the rationing, planning of the activities of the production infrastructure units. The irrational organization of the activities of auxiliary production is one of the reasons for the lack of spare parts in production, the performance of auxiliary workshops of the main production.
Improving the activities of the production infrastructure units is associated with the performance of part of the work by third-party organizations; centralization and concentration of homogeneous service processes and their specialization, which creates conditions for the use of advanced equipment, scientific methods of organizing production and labor, and high-performance technology. It is necessary to mechanize and automate technological processes, rationalize management, improve the regulatory framework, sound planning of the number of employees, develop and implement technically sound time standards and measures for the scientific organization of labor, use incentive pay systems, create an integrated technology, centralized production of spare parts.
The rational organization of the work of auxiliary industries is the most important condition for stabilizing the main production, increasing the volume of output. To eliminate the above shortcomings, it is necessary to study and implement the basic theoretical provisions and practical experience in the rational organization of the production activity of an enterprise.
Question 2: Organizational and legal forms of enterprises
The diversity of enterprises in the country's economy is great. They differ from each other, firstly, in size. As indicators of the size of an enterprise, the number of people working in it is usually used; the number of products or services provided; the amount of capital. Second, businesses are distinguished by the diversity of the products they produce or the services they provide. Third, businesses differ in the way they own property.
However, the most important feature of the classification of an economic entity in a market economy is the division of economic entities on the basis of organizational and legal forms of enterprises.
The ongoing economic reform in the country is impossible without the appropriate organizational and legal structures, which are regulated by the state through the Civil Code and special laws.
The Civil Code introduced such concepts as "commercial organization" and "non-commercial organization". A commercial organization pursues profit as the main goal of its activities. A non-profit organization does not pursue this goal, and if it makes a profit, then the latter is not distributed among the participants in the enterprise.
entrepreneurial activity, according to Russian legislation (in particular, the Civil Code of the Russian Federation), activity is recognized that meets such criteria as:
independence of the entrepreneur at his own risk;
the focus of activities on the systematic receipt of profit from the use of property, the sale of goods, the performance of work or the provision of services;
obligatory registration of a person carrying out activities as an entrepreneur, in accordance with the procedure established by law.
Entrepreneurial activity, according to Russian legislation, can be carried out:
with the formation of a legal entity - a commercial organization;
without formation of a legal entity - individual entrepreneurship.
Forms of entrepreneurship are diverse and characteristic of both legal entities and individuals. There are individual, collective and corporate forms of entrepreneurship.
If a citizen is registered as an entrepreneur without forming a legal entity, then he is considered individual entrepreneur since his state registration in this capacity. Moreover, if entrepreneurial activity is carried out without the involvement of hired labor, then this is considered individual labor activity.
If a citizen hires someone to engage in the type of activity he has chosen, then this is considered as educationenterprises.
Sole proprietorship is associated with the sole ownership of property for the purpose of obtaining personal income or profit.
Individual entrepreneurs, acting on the market on an equal footing with legal entities, have the right to engage in production, provision of services, trade, trade and procurement, innovation, consulting and other economic activities not prohibited by law.
An entrepreneur can have a bank account, his trademark, use a bank loan. In order to achieve the main goal of any entrepreneurship - making a profit, an individual entrepreneur has the right to conclude civil law contracts for various transactions and attract employees according to employment contracts. This form of entrepreneurial activity is associated with the simplest financial and tax accounting.
An individual entrepreneur is a person who conducts business at his own expense and on his own behalf, personally manages the business and bears personal responsibility, independently makes decisions and bears the risk of losses in case of bankruptcy. An individual entrepreneur who is unable to satisfy the claims of creditors related to the implementation of entrepreneurial activity may be declared insolvent (bankrupt) by a court decision.
Advantages individual entrepreneurship are as follows:
Minimum regulation by the state;
Simplified procedure for registration, tax and accounting and reporting;
Clients are personally known to the entrepreneur and, therefore, he can quickly respond to changes in their needs and tastes;
Flexibility and efficiency in decision-making;
The presence of an incentive for hard work (working for yourself). TO shortcomings individual entrepreneurship include:
Full property (subsidiary) liability of the entrepreneur;
Limitation of the scale of the business within the framework of capital (limited by personal funds and borrowing opportunities);
Weak competitiveness, strong dependence on the external environment.
The main subjects of entrepreneurial activity are legal entities. Entity - an organization with the following characteristics:
Has separate property (in ownership, in economic management, in operational management);
Responsible with property for its obligations;
May acquire property and personal non-property rights on its own behalf;
May be responsible;
Can be a plaintiff and defendant in court;
Has an independent balance or estimate.
Any organization, in order to be recognized as a legal entity, in addition to formal criteria (such as the mandatory registration of constituent documents), must have in aggregate the above characteristics.
The transition from the state to the market organization of the economy means that the main distinguishing feature of a legal entity, instead of organizational unity (a collective organized in a certain way), is a separate "personalized" property.
Of course, it is not property that manages, but people, but it is the presence of property that makes it possible, firstly, to reduce the entrepreneurial risk of the merchants who created the enterprise, since it is not they, but the legal entity, that is responsible for the debts of the enterprise; secondly, it guarantees the satisfaction of possible claims of creditors.
The property may belong to a legal entity on the right of ownership or on a limited property right - economic management or operational management. This means that the enterprise can no longer operate solely on the basis of property received under a lease, property lease or on the basis of borrowed funds. The contributions of the founders of legal entities to its authorized capital (authorized fund, share capital) are obligatory.
An enterprise that owns property is liable for its obligations.
A legal entity has the right to conclude contracts on its own behalf (purchase and sale, supply, transportation, loan, lease, contract, etc.).
Branches and representative offices, endowed with the property of the legal entities that created them, have a balance sheet and a sub-account in the bank, but are not entitled to conclude agreements on their own behalf. Heads of branches and representative offices act solely on behalf of and by proxy of the legal entities that created them.
Depending on the purpose of the activity, legal entities are divided into commercial and non-commercial. The purpose of the activity commercial enterprises is to make a profit, non-commercial- achievement of social results, implementation of charitable activities, managerial, cultural, educational functions, etc. Not commercial organizations have the right to engage in entrepreneurial activities within the framework of achieving the statutory goals.
Entrepreneurial activity is carried out in a certain organizational form. Under organizational and legalform means a set of legal, legal, economic, economic norms that determine the nature, conditions, methods of forming relations between the owners of commercial organizations, as well as between commercial organizations and other business entities external to it and public authorities.
The participation of the Russian state in business entities is one of the ways for the state, represented by the Government of the Russian Federation and regional administrations, as well as local authorities, to exercise the powers of the owner of the property in order to replenish the corresponding budget, solve other - common for the country, region, territories - economic and social tasks.
Currently, we can talk about the main forms of participation in economic entities: the creation unitary enterprise whose property belongs to him on the right of economic management or operational management.
The organizational and legal form of a unitary enterprise owes its emergence and development to the peculiarities of the Soviet economic turnover. The appearance in the economic circulation of legal entities - not owners was due to the fact that the state, as a de facto monopoly owner of property and means of production, could not effectively manage them directly. Therefore, the state created enterprises, retaining the ownership of their property and endowing them with special property rights - right economic management or the right of operational management.
The difference between the rights of economic management and operational management lies in the content and scope of the powers that enterprises receive from the owner for the property assigned to them. The right of economic management is broader than the right of operational management, which is associated with the possibility of additional (subsidiary) responsibility of the owner-founder.
Unitary enterprise - This is a state or municipal enterprise that is not endowed with the right of ownership of the property assigned to it by the owner. Unitary enterprises belong to the owner-founder in their entirety, without dividing their property (or part of it) into any contributions (shares, shares), including between employees. Property is indivisible, which is directly emphasized by the term "unitary" in Latin - unity.
The owner of a unitary enterprise (represented by the relevant body of the authorized property manager), in order to provide economic incentives to members of the labor collective, can create various kinds of "profit sharing funds". In this case, employees acquire the right of ownership to money or other property received by them from these funds in accordance with the rules for their distribution.
A prerequisite for the creation of a unitary enterprise is that it has a charter fund. The size and procedure for its formation are reflected in the charter, which is the only constituent document.
Unlike most other commercial organizations, a unitary enterprise has a target legal capacity, not a general one. The scope and nature of this legal capacity must be expressly defined in the charter by the founding owner.
For its obligations to third parties (counterparties), a unitary enterprise is liable for all property belonging to it on the right of economic management or operational management of property. The Civil Code protects the rights of a unitary enterprise as the owner of limited real rights to the property assigned to it both from encroachments by third parties and from the founder-owner.
In the process of implementing the state economic policy, for various reasons, the transition of a unitary enterprise from one public owner to another is possible, i.e. change of owner.
A small number of state-owned enterprises that are federally owned and operate under strict state control have the status government enterprises. The need to create this kind of commercial legal entities is due to the presence of organizations acting as production, on behalf of the state as a whole. Such enterprises include state production associations, communications enterprises, some defense enterprises, etc.
In terms of property, the position of a state-owned enterprise is somewhat similar to the position of a state (state budget) institution. But there are significant differences: the institution is financed by the owner according to the estimate, while the state-owned enterprise has an independent balance sheet and itself receives income from the results of its activities.
Sources property formation and financial resources state-owned enterprises are:
Property transferred to him by decision of the Government of the Russian Federation for conducting the main activities;
Cash and other funds received from the sale of products (works, services) produced in accordance with the state order;
Funds allocated from the federal budget and (or) federal off-budget funds;
Part of the income received as a result of conducting independent business activities (the charter of a particular plant indicates which part of the income).
Topics of reports:
Production cooperative
Business partnerships
Business companies
Financial and industrial groups, holding companies, non-profit organizations
Coursework >> Botany and agriculture
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-Ensuring maximum manufacturability of measurement and analysis of results.
These requirements can be integrated into the principle of excessive interpretation of the initial data, which consists in the need for a "redundant" interpretation of the initial data, which allows minimizing the interpretation of measurement results for delegating feedback to a higher quality management entity. educational services downline.
Bibliographic list
1. Measurement in sociology. - M.: Infra-M, 1998.
2. Interpretation and analysis of data in sociological research. - M., 1987.
3. Feedback / Big encyclopedic dictionary. T. 2. - M.: Soviet Encyclopedia. - S. 55.
4. Typology and classification in sociological research / V. G. Andreenkov, Yu. N. Tolstova. - M., 1982.
5. Fishman L. I. Feedback in the management of pedagogical systems: experience of classification and design: monograph. - St. Petersburg: JOB RAO, Samara: SamGPI, 1993.
6. Fishman L. I., Ivanov M. Yu. Qualimetric problems of assessing the effectiveness of management of territorial education systems / Management of the organization: Collection of scientific papers. Issue. 2. - Samara, 2008. - S. 94-99.
7. Fishman L. I., Ivanov M. Yu. Evaluation of the effectiveness of the activities of territorial educational authorities: an indicative approach. Monograph. - Samara: Publishing house of SGPU, 2008.
8. Fishman L. I., Nikitina T. A. Socio-psychological portrait of a social sphere manager (on the example of education managers): monograph. - Samara: Publishing house of SGPU, 2006.
9. Fishman L. Professional Values and Stereotypes of Russian Educational Managers // International Journal of Educational Research, Vol. 29. No. 5. 1998. Pp. 397-484.
FUNDAMENTALS OF MECHANISMS OF EDUCATION SERVICES QUALITY BUILDING UP
The peculiarities of feedback in administration of production and consumption of education services are depicted; the measurement patterns of feedback construction are revealed; the methodology of mechanisms of education services quality building up based on feedback delegation is proven.
Keywords: educational facilities, KB^HMeTpna formation, quality of educational services.
UDC 338.24 Dubrovsky S. P., Patreeva O. V., Suslova E. M.
SOCIO-ECONOMIC RELATIONS AS A COMPLEX OF TECHNICAL AND ECONOMIC, ORGANIZATIONAL AND ECONOMIC, SOCIO-CULTURAL AND LEGAL RELATIONS *
This article is devoted to the consideration of socio-economic relations as a complex of organizational-economic, technical-economic, socio-cultural and property-legal relations, taking into account the specifics of the regional and sub-regional level of the economy.
Keywords: society, social economic relations, socio-cultural relations, legal relations, organizational and economic relations, technical and economic relations.
Domestic, sustainable, essential economic laws. In this regard, it is important to
communication in the system of production relations to distinguish the mechanism of action and the mechanism of use
expressed in economic laws. These are the callings of economic laws. horses characterize the objective foundation of ho-
economic mechanism. Economic mechanical maintenance of economic relations
nism ensures the conscious use of knowledge are divided into socio-economic and
* R&D was carried out within the framework of the Federal target program"Scientific and scientific-pedagogical personnel of innovative Russia" for 2009-2013.
organizational and economic. Production relations as one of the sides of social production reflects the relationship of people to each other, outside of which the existence of a national economy is impossible. It's about about objectively developing relations in the process of production, distribution, exchange and consumption. Within the framework of the political economy approach, the structure of production relations is singled out, in which the lower link is formed by organizational and economic relations, and the upper link is formed by socio-economic relations. From the position of this approach, the carriers of organizational and economic relations appear as "elements of the productive forces", and the subjects of socio-economic relations act as carriers of property relations with certain material interests. Organizational and economic relations act as relations between people and characterize the state of production, regardless of its socio-economic form, and also reflect the features of a certain stage in the development of factors of production. Proceeding from the fact that relations of production are a set of relations between people that develop in the process of social production, exchange, distribution and consumption wealth and services, organizational and economic relations reflect the organization of productive forces, the features of a certain stage in the development of factors of production and their social combination. These relations arising in connection with the division, specialization, and cooperation of labor are determined primarily by the technological mode of production. Historically, the change in technological methods of production was accompanied by a change and development of technical and economic relations, sending impulses to socio-economic relations in the process of change, determining the vector of their development. Socio-economic relations, being the core of production relations, determine the social form of production (primitive-communal, slave-owning, feudal, capitalist). So
Thus, the basis of socio-economic relations is the ownership of the means of production, which characterize the social method of connection work force with the means of production, the conditions for the disposal of factors of production and their use, the assignment of production results. Property relations determine the target orientation of the development of production (in whose interests it is carried out), the social structure of society, its type.
With the development and complication of public life, the institutionalization of social phenomena and processes inevitably takes place. As part of institutional approach, socio-economic relations can have a fairly broad interpretation. Based on the fact that an institution is not only a set of formal and informal norms and rules, but any established line of behavior, it can be assumed that socio-economic relations incorporate a significant range of institutional formations, such as property relations, economic laws, social and legal norms, as well as elements of the cultural life of society.
Production relations are the basis (basis) of political, legal and other social relations and institutions. The system of production relations in their functional implementation forms the economic structure of society. Any national economy includes three main types of economic relations. First, organizational-economic or organizational-managerial relations. They are determined by property relations and are expressed in the forms and nature of the organization of production at the micro- and macroeconomic levels. Secondly, technical and economic relations, determined by the level of development of productive forces, the state of engineering and technology, as well as determined by property relations, the ratio of demand and supply of goods in certain markets. Thirdly, socio-economic relations, which include property relations, as relations of appropriation of economic resources and consumer goods in the areas of production, exchange, distribution
and consumption, as well as a complex of organizational-economic and technical-economic relations.
In the economic literature, organizational-economic and technical-economic relations are often identified, as well as their study outside the framework of socio-economic relations. In our common opinion, socio-economic relations are a rather capacious concept that incorporates a whole range of different relationships.
Of course, economic relations are relations between people regarding their appropriation of the means and results of production - these are property relations. At the same time, economic property relations, technical-economic and organizational-economic relations are separate elements of the system of economic relations.
Technical and economic relations, together with the productive forces, form the technological mode of production. In unity, organizational-economic and technical-economic relations arise in the process of organizing production as such. They can be defined as relations due to the arrangement of people in production, determined only by the organization of production. These relations include the division of labor, specialization, cooperation. In a transitional economy, this group of relations, as a rule, is deeply contradictory. If organizational and economic relations are relations between people regarding the organization of production (including direct production, exchange, distribution and consumption) of material goods and services, then technical and economic relations are relations of specialization, cooperation, combination of production and its concentration. They develop on the basis of the social division of labor, when considering the causes of the emergence of commodity production.
With regard to technical and economic relations, it can also be said that they develop directly under the influence of the productive forces and appear in the form of specific economic forms. These relationships characterize the way the organization and management of eco-
economic life, a way to regulate the reproduction process, forms of property realization, coordination of the economic interests of the state, labor collectives and individual works nicknames. All these are basic, economic relations, but located in the outer layer of production relations. Technical and economic relations just form the main content of the economic mechanism.
The deeper the essence of this or that relationship, the more stable they are. Such are the socio-economic relations that determine the nature, the basis of the economic system and the economic mechanism. But its improvement occurs, first of all, in connection with the movement of technical and economic relations. Hence the place of the economic mechanism in the system of production relations becomes clear.
Technical and economic relations are directly reflected in the social division of labor, cooperation, and specialization of production. The interaction of man with nature is manifested specifically in the formation of the productive forces of society.
On the basis of technical and economic relations, socio-economic relations develop, which are expressed directly in relations between people. Determining in the structure of socio-economic relations are relations regarding ownership of the means of production, resources and production results. These relations determine the relations of distribution and consumption of produced goods.
Techno-economic relations are determined by the level of development of technology, they are improved in parallel with it and other elements of the productive forces. They include relations of exchange of activity between people, specialization and cooperation of production. Technical and economic relations in their dialectical interaction form the social character of production, constitute the material form of development of the system of productive forces. The latter occupies an intermediate position between productive forces and pro-
leading relations, informs the integrity of the system of productive forces.
An integral part of socio-economic relations are organizational and economic, which include forms and methods of management that are characteristic of all sectors of the economy. Among them today stand out:
1. market system, in the center of which is commodity-money relations;
2. entrepreneurship, in the center of which - effective management economy.
General organizational and economic relations are relations in the field monetary circulation, pricing, finance and credit, marketing, management, banking.
When highlighting organizational and economic relations, we used a methodological approach to the classification of economic relations according to the criterion of the nature of the impact of certain factors on the functioning and development economic system. Firstly, technique and technology act as such factors, secondly, property relations or the nature of the appropriation of economic resources and production results, and thirdly, organization and management. In accordance with this, technical-economic, socio-economic and organizational-economic relations are distinguished.
Obviously, organizational and economic relations arise because social production, distribution, exchange and consumption are impossible without a certain organization. This organization is required for any joint activity of employees. People think over their economic actions in advance, a plan of future work is ripening in their heads, uniting all the workers. At the same time, organizational problems are solved: how to separate people to perform separate jobs, how to unite all employees under a single command, how to manage the economy and who will manage production. In this regard, organizational and economic relations are divided into three large species:
1. division of labor and production (their splitting between sectors of the economy, between
enterprises and their internal divisions), as well as their cooperation (joint production of products, enlargement of the size of enterprises, their constant cooperation and association);
2. organization of economic activity (subsistence and commodity-market economy);
3. economic management (spontaneous-market and state-planned regulation).
Organizational and economic ties exist, as a rule, regardless of the socio-economic system; they are, in essence, common elements of the economy of all countries throughout history. For example, the same organization of trade establishments (specialized stores and supermarkets) and the general achievements of the scientific organization of labor and management can be equally successfully applied. Organizational and economic relations, together with the factors of production, form elements of a universal economic culture that is inherited from one generation to another (this applies, say, to cooperation and division of labor, commodity production). Organizational and economic relations as a form of relations through which the economic interests of organizations are realized in the process of production activity and in the exchange of its results, also have a non-class character. The main forms of organizational and economic relations in the modern sense, within the framework of economic theory, are:
Division of labor, specialization of the manufacturer;
Labor cooperation is a form of labor organization in which several persons participate in one or different interconnected processes. The cooperation of labor generates a new production force;
The concentration of production and its centralization (concentration is an increase in the scale of an enterprise at the expense of its own resources, and centralization is the unification of enterprises);
The organization of the social economy is a subsistence and commodity economy;
Management (forms of economic management: spontaneous market, planned).
Thus, based on the foregoing, socio-economic relations comprise a set of organizational-economic and technical-economic relations. In addition, when studying socio-economic relations, it is necessary to take into account the connection of people with the environment, which involves an appeal to their socio-cultural life, because in everyday and professional forms of activity and interaction, people appear as members of society, carriers of culture.
The life of society and its members is infinitely multifaceted. These are culture, science, study, recreation, travel, sports and, finally, the production of various goods and services. What is the main thing here? It is not so easy to answer this question, because there is no person who would be engaged in one thing. There is an area of activity that underlies the existence of the whole society and every person, regardless of where he lives. This is an economic activity, without which all other types of life activity are inconceivable. Economics, contrary to other statements, is one of the most ancient sciences. As soon as a person began to use natural resources, he began to think about their most rational use.
A person rarely lives alone. As a rule, each of us is integrated into society, in which we are involved in many relationships, including economic ones, so it is difficult to talk about purely economic relationships in real life. It makes sense to study socio-economic relations, which should be considered as a whole complex: technical and economic, organizational and economic, socio-cultural and legal.
A person acts as an operator of sociocultural mechanisms for the generation, maintenance and change by people of the elements of their environment in the course of everyday life and professional activity. Naturally, all this has its economic effect.
We can agree that the way of life of people is determined by two essential groups of factors and conditions: objective and subjective. The objective conditions and factors that differentiate the way of life of people in a particular historical period are divided as follows:
Natural: geographical, climatic, ecological, biological, demographic;
Social: the nature of the division of labor and its conditions, social structure and stratification of society;
Cultural: the volume of cultural information and its distribution by areas and levels of culture, according to the structure of the socio-cultural norms and values (political, ideological, cognitive, ethical, aesthetic) that operate here.
The theoretical intersection of these groups of conditions and factors that determine the socio-cultural life of people determines the specific historical spheres for the implementation of their lifestyle in accordance with the fundamental division of activities into specialized (professional) and non-specialized (ordinary).
The subjective factors and conditions that affect the way of life of people include, on the one hand, the perception and assessment by representatives of various social groups objective conditions of their existence, and on the other hand - their needs, requests, motivations, motives, interests, value orientations, goals. The specificity of the interaction of subjective and objective factors determines the differences in the content, structure and form of the way of life of people in the same society.
It should be noted that the intersection of these conditions and factors can be projected onto the plane of the economy, and, therefore, the economic aspect will act as the root cause of most of them.
Thus, initially "purely economic" forces, before having an impact, pass through social filters, are "filtered" by socio-economic, socio-political, socio-cultural and, finally, legal institutions, which determine their economic action.
In modern society, the legal system accompanies a person in all his actions. Of course, most of us do not face the need to deal with a court or a lawyer every day. But not a day goes by without interacting with law in the broadest sense of the word, or with people whose actions
are divided by law. Like the economic underpinnings, law is ubiquitous, although we often do not notice its presence. For example, when we go to a store and buy bread and milk, when we take shopping bags out of our car, we are both subjects and objects of legal rules. Of course, we do not feel that the legal system is watching us closely, looking over our shoulder. But in a sense, the law is constantly looking at us. Certain sections of the law always regulate our behavior.
Agreeing with the idea expressed by V. I. Loskutov, any economic relations are determined by the corresponding economic actions and develop regardless of whether people understand the essence of these relations. Concerning legal forms economic relations, they reflect the conscious development of the rules for the implementation of economic activities. The possibility of implementing these rules depends not so much on the intentions of people to comply with them, but on objective economic and social conditions that determine the vital interests and motives of the behavior of participants in the activity. Thus, in the simplest terms, it turns out that in the motives of human behavior in society, it is almost always possible to find an economic root cause, and law is just called upon to regulate this very behavior.
In essence, any Team work, and hence any public attitude can only be carried out in the form of an agreement between people, formal or tacit. Many relations, which include economic ones, in addition to the contractual form, also acquire a legal form, that is, sanctioned by public power and supported by the power of this power. This is due to the fact that people who are free in their choice, treaties are easily violated, which threatens stability. public organization and thus the existence of society. Expressions of legal economic relations are entire branches of economic, labor, financial and other types of law.
Legal relations can arise and function only under certain conditions. There are two types of preconditions
the emergence of legal relations: material and legal. If we talk about material prerequisites, then they include the vital interests and needs of people, under the influence of which they enter into appropriate legal relations. In a broad sense, material prerequisites are understood as a system of socio-economic, cultural and other circumstances that determine the objective need for legal regulation of certain social relations.
It should also be noted that Russia is now in the stage of economic transformation. Here it is important to realize that the creation of the fundamental foundations of a market economy is possible only with their appropriate legal registration. From a formal point of view, and this is the main thing in this matter, it is necessary that the main economic principles and institutions were enshrined in law. Only then do they become tangible and can actually contribute to and serve the development of relevant economic relations.
With the increase of "sociality", that is, the strengthening of the process of introducing "socio" into all spheres of society, the relevance of research within the social aspect of the economy also increases.
Thus, studying certain socio-economic aspects, the center will always be a person who is considered at the same time as a subject various areas: economic, political, spiritual, legal, technical. All of them interpenetrate each other, taking on new manifestations, which in turn also become a subject for study.
Organizational-economic and technical-economic relations, as an integral part of socio-economic relations, is an unshakable basis of any economic system. As for the other side of socio-economic relations, socio-cultural and property-legal relations, they tend to undergo changes to a certain extent, taking into account the development of social relations.
It should be noted that it is interesting to consider the specifics of the social
economic relations at the regional and subregional levels. Based on the fact that organizational-economic and technical-economic relations form the basis of industrial relations, it is necessary to consider the features of socio-cultural and property-legal relations as certain variable components of socio-economic relations.
It is clear that socio-economic relations in modern society largely regulated by law. However, it should be borne in mind that along with the state legislative bodies, the legislative bodies of the constituent entities of the Russian Federation function. At the regional level, lawmaking takes place within the framework of federal legislation, however, the regulations of individual regions can differ significantly from each other. Thus, property-legal relations as part of socio-economic relations can have their own characteristics at the regional level of the economy.
As a rule, socio-cultural relations also have their own specifics at the regional and sub-regional level, reflecting the peculiarities of the cultural traditions of a particular region or small town. We are talking not only about the national and ethnic characteristics of a particular administrative-territorial entity, but also about cultural traditions consumer behavior. For example, in small towns, as a rule, the conservatism of the needs of the local population prevails.
Thus, within the framework of the institutional sociological direction, social
economic relations are a complex of organizational-economic, technical-economic, socio-cultural and legal relations.
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Dubrovskiy S. P., Patreeva O. V., Suslova E. M. SOCIAL-ECONOMIC RELATIONS AS COMPLEX OF TECHNICAL-ECONMIC, ORGANIZING-ECONOMIC, SOCIO-CULTURAL AND LEGAL RELATIONS
Given article is devoted consideration of social and economic relations as complex organizational-economic, technical and economic, cultural and legal relations taking into account the specificity of regional and sub regional level of economy.
Keywords: society, social and economic relations, sociocultural relations, legal relations, organizational-economic relations, technical and economic relations.
