Entrepreneurial LAW, AS A

1.

ENTREPRENEURIAL
LAW, AS A
BRAHCN OF LAW.
1. SUBJECT & METHOD OF LEGAL
REGULATION OF THE ENTR. LAW
2. PRINCIPLES OF THE ENTR. LAW
3. SYSTEM OF ENTR. LAW

2.

1. SUBJECT OF LEGAL
REGULATION
- It is a uniform group of public relationships &
to such relationships are applied the unique legal
forms.

3.

There are 4 groups of
relationships in the
subject’s structure of E.L.:
• 1. Relationships,
that are formed
because of the
realization of the
business
activities (pure
form; directed
towards profitmaking);
• 2. Relationships, that
are connected with the
organization &
realization of the
business activities
(commercial), & also
non-commercial
relationships (the aim- is
not about the profit)

4.

• 3. Intraeconomic/intra
-corporative
relationships
(such origin in a
process of
realization of
the business
activities)
• 4. State relationships in a
sphere of economy
regulation (relationships,
which origin from the
moment of the state
registration of the subjects
of the business activities –
such as legal entities or
entrepreneurs, also in case
of licensing of some types
of activities,
standardization and so
on).

5.

E. L. regulates
not only
COMMERCIAL/BUSINESS
RELATIONSHIPS
(WHICH ARISE BECAUSE OF
THE REALIZATION OF THE
BUSINESS ACTIVITIES)
NON-COMMERCIAL
RELATIONSHIPS, ALSO
RELATIONSHIPS OF THE PROPERTY
NATURE (RELATIONSHIPS ABOUT
ORGANIZATION OF THE NONCOMMERCIAL ACTIVITIES – STOCK
EXCHANGE, CONSUMERS
COOPERATIVE, PUBLIC FUNDS AND
SO ON).

6.

FEATURES OF THE E.L.
• 1) B.R. ARE
RELATED TO
BUSINESS
ACTIVITIES,
BECAUSE
THEY
ORIGIN IN A
SPHERE OF
BUSINESS;
• 2) INDISPENSABLE
PARTICIPANT OF
SUCH RELATIONS IS A
BUSINESSMEN/
ANOTHER MARKET
PARTICIPANT

7.

METHODS OF LEGAL
REGULATION
- It is such way or totality of ways of the legal influence
on the participants of business relationships
• DISPOSITIVE METHOD
• IMPERATIVE METHOD
OF LEGAL REGULATION
OF LEGAL REGULATION
- BASED ON EQUALITY OF
PARTIES
- BASED ON POWER &
SUBORDINATION

8.

PRINCIPLES OF E.L.
According to Civil Code:
• 1) RECOGNITION OF
THE EQUALITY OF THE
PARTICIPANTS;
• 2) INVIOLABILITY OF
PROPERTY;
• 3) FREEDOM OF
CONTRACT;
• 4) NONINTERFERENCE IN
SOMEBODY’S
PRIVATE AFFAIR;
• 5) FREE EXERCISE OF
CIVIL RIGHTS;
• 6) RESTORATION OF
THE VIOLATED
RIGHTS & THEIR
DEFENSE.

9.

PRINCIPLES (according to
the civil legislation):
• 1) Goods, services shall be unrestrictedly
transferred & circulated in the entire territory
of the Republic of Kazakhstan. Restrictions in
the circulation of goods & services shall be
introduced in accordance with legislative
acts, where it is necessary for ensuring
safety, protection of life & health of people,
protection of the natural environment &
valuable cultural assets.

10.

PRINCIPLES:
• 2) CITIZENS & LEGAL ENTITIES SHALL
ACQUIRE & EXERCISE THEIR CIVIL RIGHTS
BY THEIR WILL AND IN THEIR INTERESTS.
THEY SHALL BE FREE IN ESTABLISHING
THEIR RIGHTS & OBLIGATIONS ON THE
BASIS OF AGREEMENTS AND IN
SPECIFYING ANY CONDTITIONS IN THEIR
AGREEMENTS, WHICH DO NOT
CONTRADICT LEGISLATION.

11.

PRINCIPLES:
• Principle of
protection of
creditor’s rights &
interests
• Principle of
legitimacy

12.

According to the Article 4 of the
law of ROK “On private
entrepreneurship”
• 1. Guarantee of
freedom of the
private
entrepreneurship for
carrying out business;
• 2. Equality of subjects
of the private
entrepreneurship for
carrying out business;
• 3. Safe-conduct &
protection of private
property;
• 4. Priority of small
business
development in the
ROK;

13.

PRINCIPLES:
• 5. Participation of the subjects of the
private entrepreneurship in expertise of
draft regulatory legal acts affecting
interests of the private
entrepreneurship.

14.

• For example: according to the article 10th of
the Civil Code of ROK – The State shall
guarantee the freedom of entrepreneurial
activities & it shall ensure its protection &
support. At the same time, freedom of
entrepreneurial activities is not absolute at all
& can be limited by the legislation; this might
be made in the interests of the public.
• Also, normative-legal acts might establish the
list of work, types of goods & types of services,
which are prohibited for the private enterprise,
or prohibited for the export& import.

15.

Principle of the State’s
regulation over the
business activities:
• When the State applies economic &
administrative (directive) measures of
coercion against the behavior of
subjects of the business activities

16.

Principle of free
competition & restriction
of monopoly activities:
• Institutional & legal measures of statedirected regulation which are associated
with the support of entrepreneurship, the
prevention, restriction & regulation of
monopoly activities. The development of
free competition, entrepreneurship,
protection of the interests of consumers, &
assurance of conditions for the efficient
functioning of commodity markets.

17.

Principle of the State Support
of the Private
Entrepreneurship:
• Creation & development of the private
entrepreneurship support centers, business
incubators, technological parks, industrial
zones & other infrastructure facilities;
• Educational-methodological, scientificmethodic & informational provision for activity
of the subjects of private entrepreneurship.

18.

• AS A COMPLEX BRANCH OF THE LAW.
COMPOSES THE LEGAL INSTITUTIONS.

19.

SYSTEM OF ENTREPRENEURIAL
LAW
GENERAL PART
SPECIAL PART

20.

GENERAL PART OF
SYSTEM:
• INCLUDES INSTITUTIONS & NORMS, WHICH
DETERMINE THE MAIN ELEMENTS OF THE
BUSINESS ACTIVITIES, THE MAIN PRINCIPLES &
METHODS OF THE REGULATION OF THE
BUSINESS RELATIONSHIPS, SUCH AS:
• - RELATIONSHIPS OF ENTREPRENEURS;
• - SUBJECTS OF THE BUSINESS LAW;
• - BUSINESS ACTIVITIES (FEATURES & TYPES);
• - STATE REGULATION OF BUSINESS ACTIVITIES;

21.

GENERAL SYSTEM
• LEGAL REGULATION OF COMPETITION &
LIMITATION OF SUCH ACTIVITY AS
MONOPOLY;
• BANKRUPTCY REGULATION;
• RESPONSIBILITY IN A SPHERE OF BUSINESS
ACTIVITIES.
• ALSO, SUBJECT & METHOD OF THE
LEGAL REGULATION OF B.L., PRINCIPLES
AND SOURCES OF THE BUSINESS LAW,
ETC

22.

- IS THE INSOLVENCY OF THE
DEBTOR
OFFICIALLY
ORDERED BY THE DECISIONS
OF THE COURT OR STEMMING
FROM THE OFFICIAL OUT-OFCOURT AGREEMENT WITH
CREDITORS.
SUCH INSOLVENCY
IS A
GROUND FOR LIQUIDATION
OF THE DEBTOR.

23.

- IS THE INABILITY OF A
DEBTOR TO PAY OFF
CREDITORS’ CLAIMS FOR
MONEY PECUNIARY
OBLIGATIONS, INCLUDING
CLAIMS FOR WAGES, OR
TO PROVIDE FOR
OBLIGATORY PAYMENTS
TO THE BUDGET AND NONBUDGET FUNDS, AT THE
EXPENSE OF HIS PROPERTY

24.

INSTITUTES OF SPECIAL
PART
• LEGAL REGULATION
OF THE
SECURITIES’MARKET;
• LEGAL REGULATION
OF THE EXCHANGE
BUSINESS ACTIVITIES;
• LEGAL REGULATION
OF THE BANK’S
ACTIVITIES;
• CONTRACTS
• LEGAL REGULATION
OF THE INVESTMENT
ACTIVITIES;
• LEGAL REGULATION
OF THE INSURANCE
ACTIVITIES;
• LEGAL REGULATION
OF THE FOREIGN
ECONOMIC
ACTIVITIES AND SO
ON.