Громошина Н.А. Судебная власть и правосудие в гражданском судопроизводстве

Аннотация: The effective Civil code of the Russian Federation defines the entrepreneurial activities and identifies its subjects referring to civilians: individual entrepreneurs and commercial organizations. The Code contains a comprehensive definition of the forms of commercial organizations. Those are business partnerships, associations and companies, production cooperatives, governmental and municipal enterprises. The analysis of the Code norms gives the grounds to make a conclusion that the business circle of the subjects of entrepreneurial activities does not coincide with the above list of juridical persons, namely, commercial organizations. There are plenty of practical evidences of dynamic entrepreneurial activities of many a not-for-profit organizations (organizations financed by the Russian Federation, by the subjects of the Russian Federation, by the municipal institutions and by any other owners are no exception) that regularly carry out business activities aimed at profit making enabling them, firstly, to exist and to carry out the activities determined by the constituent documents of a not-forprofit organization. Secondly, as a rule, the profit obtained by not-for-profit organizations becomes the source to increase the wages, amount of option money, awards, etc. both of the employees and the participants of these organizations. Undoubtedly, this fact can not be considered as “distribution of the profits among the participants of not-for-profit organizations” although the deviation in terms of the usage of the profit, exclusively relative to the objectives to be achieved by the established not-for-profit organization, in our opinion, is obvious in such a situation. The subjects of entrepreneurial activities are referred to as enterprises in the literature on economic aspects contrary to the definition given in the Code. The expression “enterprise” is used as the synonym of the notation of all the commercial organizations. As for the Code this term is used only to notate the governmental and municipal unitary enterprises. Article 132 of the Code defines an enterprise as a property complex recognized by the immovables that are the object of the civic rights. Both before and after the passing of the new Code, the new definition of the subjects of entrepreneurial activities – “economic agent” – has been appearing and is currently used in the regulatory acts. The expression “economic agents” is applicable only to organizations – commercial juridical persons and civilians- entrepreneurs – although the circle of the subjects entitled to carry out the entrepreneurial activities is wide comprising not-for-profit organizations – juridical persons. This article pays special attention to the study and analysis of the civil personality of farming businesses and partnerships.

Abstract: The effective Civil code of the Russian Federation defines the entrepreneurial activities and identifies its subjects referring to civilians: individual entrepreneurs and commercial organizations. The Code contains a comprehensive definition of the forms of commercial organizations. Those are business partnerships, associations and companies, production cooperatives, governmental and municipal enterprises. The analysis of the Code norms gives the grounds to make a conclusion that the business circle of the subjects of entrepreneurial activities does not coincide with the above list of juridical persons, namely, commercial organizations. There are plenty of practical evidences of dynamic entrepreneurial activities of many a not-for-profit organizations (organizations financed by the Russian Federation, by the subjects of the Russian Federation, by the municipal institutions and by any other owners are no exception) that regularly carry out business activities aimed at profit making enabling them, firstly, to exist and to carry out the activities determined by the constituent documents of a not-forprofit organization. Secondly, as a rule, the profit obtained by not-for-profit organizations becomes the source to increase the wages, amount of option money, awards, etc. both of the employees and the participants of these organizations. Undoubtedly, this fact can not be considered as “distribution of the profits among the participants of not-for-profit organizations” although the deviation in terms of the usage of the profit, exclusively relative to the objectives to be achieved by the established not-for-profit organization, in our opinion, is obvious in such a situation. The subjects of entrepreneurial activities are referred to as enterprises in the literature on economic aspects contrary to the definition given in the Code. The expression “enterprise” is used as the synonym of the notation of all the commercial organizations. As for the Code this term is used only to notate the governmental and municipal unitary enterprises. Article 132 of the Code defines an enterprise as a property complex recognized by the immovables that are the object of the civic rights. Both before and after the passing of the new Code, the new definition of the subjects of entrepreneurial activities – “economic agent” – has been appearing and is currently used in the regulatory acts. The expression “economic agents” is applicable only to organizations – commercial juridical persons and civilians- entrepreneurs – although the circle of the subjects entitled to carry out the entrepreneurial activities is wide comprising not-for-profit organizations – juridical persons. This article pays special attention to the study and analysis of the civil personality of farming businesses and partnerships.