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

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

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

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

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

1) preventing environmental disasters and solving environmental problems generated by the freedom of choice of subjects in the sphere of economic activity;

2) combating the criminalization of business relations;

3) preventing economic crises and social upheavals;

4) control over the use of national resources;

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

The main directions in state regulation of market relations include:

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

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

Methods of state regulation are divided into:

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

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

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

1) forecasting. The forecast can be annual, short-term and long-term, is of a statutory nature, and is not provided with funding;

2) planning (the plan-law is adopted by the legislative body and has supreme legal force, mandatory execution, liability for non-fulfillment);

3) selection and placement of personnel;

4) logistics;

5) financing;

6) information support;

7) operational property management;

8) regulatory regulation;

9) accounting and control.

The main directions of state regulation of business activities:

1. Creation of conditions for the civilized functioning of the market:

· determination of the form of ownership of business entities and management rules

· creation of a mechanism for ensuring the execution of business contracts

· protection of interests and rights of consumers

· establishing standards and measures

· prevention of disputes between entrepreneurs

· Strategic planning of science and scientific and technological progress

2. Solving macroeconomic problems:

· proportionality of economic development

· economic growth rate

volume of national production

· foreign economic relations of the country

· employment level and social protection of the population

Control and subsequent state regulation in the business sphere is divided into direct and indirect.

Indirect control includes a system of benefits and taxes, a special pricing policy, regulation of employment, professional training and retraining, information support and the creation of a developed infrastructure.

Direct government control and regulation include: financial, environmental, sanitary and fire control, as well as control over the quality and certification of products.

State intervention in the sphere of entrepreneurial activity is due to:

· Preventing environmental disasters and solving environmental problems

· Combating criminalization of business activities

· Prevention of economic crises and social upheavals

· Control over the use of national resources

· Social protection of the least well-off segments of the population

Functions of public administration:

· Forecasting economically undesirable situations and their prevention

· Information support and control over compliance with standards and restrictions

· Logistical and financial support for national projects

· Methods of state regulation of business activities

· Methods of government regulation are divided into: administrative, economic and moral-political. Administrative ones include: prohibition, legal liability, coercion, including through criminal and administrative liability. Economic methods, in contrast to direct administrative methods, manifest themselves in the indirect regulation of business activities through: prices, tariffs, quotas, taxes and licenses. Moral and political methods are implemented through the media.

TASK 9

The Property Management Committee of the city of Komsomolsk-on-Amur announced in the press a competition for the sale of the Vegetables store. The terms of the competition indicated that the company being sold had accounts payable in the amount of 1 million rubles. The competition was won by Druzhba LLC. After drawing up the purchase and sale agreement, it turned out that the actual accounts payable of the enterprise amounted to 4 million rubles.

Druzhba LLC filed a claim with the arbitration court against the property management committee to amend the purchase and sale agreement. The plaintiff asked to include in the contract a clause stating that the buyer becomes the legal successor of the rights and obligations of the acquired enterprise in accordance with the terms of the competition. The arbitration court rejected the claim.

Justify the decision of the arbitration court. What actions should Druzhba LLC take in this situation?

Solution.

In accordance with paragraph 1 of Article 559 of the Civil Code of the Russian Federation, under a contract for the sale of an enterprise, the seller undertakes to transfer into ownership of the buyer the enterprise as a whole as a property complex (Article 132 of the Code), with the exception of rights and obligations that the seller does not have the right to transfer to other persons.

Paragraph 2 of Article 132 states that the composition of an enterprise as a property complex includes all types of property intended for its activities, claims, debts, as well as rights to designations and other exclusive rights, unless otherwise provided by law or contract. The inclusion of a condition in the contract that would limit the buyer's succession to the obligations of the acquired enterprise to the amount of accounts payable specified in the printed notice about the conditions of the competition for the sale of the store is not based on the above provisions of the Code.

At the same time, the buyer, by virtue of paragraph 3 of Article 565 of the Civil Code of the Russian Federation, has the right to demand a reduction in the purchase price if the seller’s debts (obligations) are transferred to him as part of the enterprise, which were not specified in the agreement for the sale of the enterprise or the transfer act, unless the seller proves that that the buyer knew about such debts (obligations) at the time of concluding the contract and transferring the enterprise. Such claims were not made by the plaintiff and were not the subject of litigation.

Therefore, Druzhba LLC can file a lawsuit again, but on a different basis, namely: a reduction in the purchase price of the enterprise.

Related information.

The economic legislation of the Russian Federation defines initiative and independence of business entities as the fundamental principles of entrepreneurial activity. The enterprise independently plans its activities on the basis of contracts concluded with suppliers and buyers, based on demand and market conditions, and manages its profits. At the same time, the independence of an enterprise cannot be unlimited, without state control, regulation, and coordinating influence.

This chapter is intended to reveal the essence of state regulation, that is, the implementation of the goals and methods of regulation, as well as to determine the role of the state in the development of the entrepreneurial process.

Goals of state regulation of business activities

State regulation is the influence of the state on the activities of economic entities and market conditions in order to ensure normal conditions for the formation of a market mechanism, solving economic and social problems. Based on the definition of the term “state regulation,” we can say that the state should assist in the formation of an entrepreneurial economy, and, consequently, national entrepreneurship and national capital.

Before the state begins to pursue a meaningful industrial policy, it must enter into an alliance with large private capital. In this regard, it is necessary to solve two important problems. Firstly, only the state can develop a kind of national philosophy of market restructuring of the economy, form and monitor its priorities, and assess the scale and direction of the required transformations. Secondly, it must establish rules of the game that would not contradict the fundamental interests of private capital, but, on the contrary, would contribute to the implementation of the intended industrial development strategy based on the use of its creative potential.

The main indicator characterizing the prosperity of a country is its competitiveness. This indicator characterizes both economic security and investment attractiveness. Speaking about the competitiveness of the state, one cannot help but note the fact that not all countries have created conditions that ensure the protection of private property.

When analyzing the reasons for low investment activity, many experts rightly note the lack of the necessary regulatory framework for investment activity, that is, we have not created the conditions for protecting the rights of investors and a guarantee mechanism.

Sociological surveys conducted among directors of corporate structures in various regions of Russia showed very interesting results: enterprises in dire need of additional financing - from 89 to 96 percent; enterprises wishing to attract an investor with the transfer of a block of shares to him, and, consequently, the rights to participate in management - only from 3 to 7 percent.

At the same time, taking into account the current situation, in the investment sphere it is necessary to begin to develop more effective policies to attract investments, including foreign ones. At present, it is advisable, with the support of the President of the Russian Federation, to create an Advisory Council on domestic and foreign investments.

The task of the federal center should be fully concentrated on creating a unified legal framework for the development of entrepreneurship. It is also necessary to implement protectionist policies towards small and medium-sized enterprises and implement them in the form of specific financial, credit, customs and tax measures.

We can formulate the general goals that the state faces for the development of the entrepreneurial process:

• 1. The state must financially support entrepreneurs who have just entered or are entering the field of activity;
• 2. The state must take on educational functions for the professional training and education of professional entrepreneurial and managerial personnel;
• 3. The state must take on the functions of creating entrepreneurs for a certain infrastructure, i.e. support structures that should provide entrepreneurs with the services necessary for their successful activities.

In particular, one of the key tasks of the state is to provide financial and credit support to businesses, especially small and medium-sized ones, the adoption of stable legislation, including tax legislation, contributed to business development. An important factor in the development of entrepreneurship should be the creation of an appropriate constitutional structure - the development of business incubators (in 1998 there were 58 of them), information and advisory services to enterprises, including connecting them to the Internet, more active activities of funds and other organized structures for supporting entrepreneurship.

Lecture No. 1, 2 General provisions of business law

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

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

3. Subject and method of business law

4. Principles of business law

5. Signs of entrepreneurial activity

6. The relationship between entrepreneurial and professional activities

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

The concept and essence of state regulation of business activities

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

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

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

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

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

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

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

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

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

– Level of state regulation of business activities

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

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

– establishing the legal basis for the single market;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4) plans and programs;

5) duties and tax incentives.

One of the areas of state regulation of a market economy is state support for entrepreneurship. This follows from the functions of the state - to create favorable conditions for the development of entrepreneurship. Economic theory: educational manual / Edited by N.G. Kuznetsova, Yu.P. Lubneva. - Rostov-on-Don: RINH, 2010. - P. 293

By legal support for the economics of entrepreneurial activity, first of all, we understand the formation of the legal environment within which economic activity takes place. In recent years, such important institutional and legal acts have been adopted, which have a positive impact on the development of entrepreneurship, such as the Civil Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Customs Code, the Tax Code of the Russian Federation (Part II, a number of chapters), federal laws on joint-stock companies, on production cooperatives, on competition and organization monopolistic activity in commodity markets, about banks and banking activities, about the securities market, about state regulation of foreign trade activities, about state support for small enterprises, etc.

The main directions of state regulation of business activities should be understood as those specific areas in which state intervention in the economic activities of business entities is necessary and legitimate in order to achieve a balance between the interests of society as a whole and the legitimate interests of business entities (business entities).

The ways in which the state influences entrepreneurial activity are multifaceted: state control, economic leverage, legal mechanisms to support entrepreneurship. Thus, the elements of the legal regime of entrepreneurship include:

1) self-organization and choice of business forms guaranteed by law;

2) free determination of the goals of economic activity and the means of achieving them;

3) independence in choosing partners, managing funds, property, and profits;

4) responsibility of entrepreneurs for compliance with laws and other legal acts that define the rules for participation in market relations;

5) state support for entrepreneurship, the possibility of legal protection of the legitimate interests and rights of the entrepreneur. These also include programs for the development of entrepreneurship, small and medium-sized businesses, and the responsibilities of central, regional and local authorities in this area.

As noted earlier, the state uses direct and indirect methods of regulation. Direct legal methods of state regulation include, for example, state registration of business entities, licensing of certain types of business activities, etc. Indirect methods include, first of all, monetary and fiscal policy tools, forecasting and indirect planning, price regulation tools, etc.

Business entities are legitimized through state registration. Goals of state registration: exercising state control over the conduct of economic activities, in particular, over the fulfillment of conditions for engaging in certain types of activities; conducting taxation; obtaining state statistical information for the implementation of economic regulation measures; providing all participants in economic turnover, state authorities and local government bodies with information about economic entities. The activities of business entities are illegal and prohibited without state registration.

Another element of the legal regulation of the economy is the procedure for terminating business activities through reorganization or liquidation (voluntary or forced) of business entities. State registration and termination of business activities can be carried out only in the manner determined by legislative acts.

One of the most important ways of state regulation of entrepreneurship is licensing, i.e. Entrepreneurs can engage in certain types of activities, the list of which is determined by law, only on the basis of a special permit (license). The concept, licensing procedure and list of types of activities requiring licensing are enshrined in the Federal Law “On licensing of certain types of activities”.

The priority areas of legal support include:

antimonopoly legislation with the recognition of a number of natural monopolies and monopoly regulation with the preservation of state monopolies for certain types of activities;

currency restrictions in accordance with the Law on Currency Regulation and Currency Control;

regulation of tariffs and prices (mainly for products and services of natural monopolies);

patent law;

protection of consumer rights;

government contracts;

export of dual-use goods and technologies;

state assistance to private entrepreneurship.

It should be noted that in the system of such regulatory norms of state influence on the economy, “antimonopoly legislation” is of utmost importance. Novikov M.V. State regulation of the economy: Lecture notes / M.V. Novikov. - Taganrog: TRTU, 2010. - P. 16. The main goal of antimonopoly regulation is to prevent, limit and suppress monopolistic activities and unfair competition, thus, it is aimed at creating favorable conditions for a competitive environment and the development of entrepreneurship.

The most dangerous factor for a market economy is unfair competition. Competition, being the basic mechanism of market relations, encourages business entities to compete, which contributes to the achievement of the best economic performance.

Unfair competition destroys this mechanism and the state assumes the function of monitoring compliance with the “rules of the game,” primarily in the form of preventing monopolies, through legal regulation. This prevents economic dominance from being concentrated in one hand, prevents monopoly power from being abused, and keeps markets open. For the domestic economy, with its high level of monopolization of production, antimonopoly regulation becomes the main condition for the transition to civilized market relations.

The legal basis for supporting competition as a special area of ​​state activity is laid down in the Constitution of the Russian Federation. The legislative framework for ensuring competition and limiting monopolistic activities is, first of all, the Federal Law “On the Protection of Competition” and the Federal Law “On Natural Monopolies”.

Antimonopoly policy includes measures to prevent the monopolization of production and trade by individual entities:

strict control over the prices of monopolistic enterprises;

disintegration of super-large management, production and commercial structures;

competition support;

encouraging diversification;

antimonopoly examination of adopted laws.

Direct support for entrepreneurship includes budgetary subsidies and subventions to small businesses in priority areas and their service organizations, as well as subsidized interest rates and guarantees for loans to small businesses for updating equipment, purchasing and leasing real estate, establishing branches, expanding and diversifying production, updating range of products, advanced training, development of exports and transport and logistics infrastructure, tax incentives.

Indirect support consists of mandatory reserving of part of the state and municipal orders for small businesses, venture financing, as well as administrative and municipal reform, development of regional market and innovation infrastructure (incubators, technology parks and technopolises, information, consulting, patent, recruiting, rental, transport- logistics, warehouse and distribution and other centers).

The implementation of state policy to promote the development of commodity markets and competition, limiting monopolistic activities is entrusted to the Federal Antimonopoly Service. The tasks, functions and powers are enshrined in the Law “On Protection of Competition”. This regulatory act also defines the main directions of state control over compliance with antimonopoly legislation and provides for sanctions for violation of requirements. An important role in antimonopoly regulation is played by the Federal Law “On Advertising,” which contains provisions on inappropriate advertising and measures to prevent unfair competition through inappropriate advertising.

One of the important areas of government influence on business activity is pricing policy. Forms of directive state regulation are carried out by establishing: fixed prices (tariffs); maximum prices (tariffs); marginal coefficients of price changes; maximum sizes of supply, household and trade allowances; maximum level of profitability; declaration of price changes.

Recognizing the need for free market pricing, the legislation provides for certain mechanisms for regulating prices for goods and services. For example, the Decree of the President of the Russian Federation “On measures to streamline state regulation of prices (tariffs)” and the Decree of the same name of the Government of the Russian Federation. We are talking, first of all, about regulating prices for products of natural monopolies. A specific example is the Federal Law “On State Regulation of Tariffs for Electrical and Heat Energy in the Russian Federation.”

In addition to the areas of state regulation of business activities discussed above, which can be called basic, there are other areas and forms of legal support for the activities of business entities. This is, first of all, the formulation of legal requirements in the field of ensuring the quality of goods (works, services), environmental protection, fire safety and other safety, ensuring sanitary and hygienic standards, etc. Thus, in a market economy, the main regulator of social relations is the market, which influences the interests of entrepreneurs, forcing them to improve the quality of goods.

Legal regulation of the quality of goods, works, and services in modern conditions is characterized by a generally permissible orientation and corresponds to the principle of freedom of contract: quality conditions are determined by contract, except in cases where the content of the condition is prescribed by law or other legal acts. The principle of freedom of contract when determining quality requirements is subject to restrictions in order to ensure public interests, in particular, the protection of consumer rights. These restrictions are enshrined in special legislation that ensures the proper quality of goods, works and services.

Such regulations include, for example, the Federal Law “On the Quality and Safety of Food Products”, the Federal Law “On the Circulation of Medicines”. However, the main role in regulating these relations is played by the Federal Law “On Technical Regulation”. This law regulates relations arising:

in the development, adoption, application and implementation of mandatory requirements for products, production processes, operation, storage, transportation, sales and disposal;

in the development, adoption, application and implementation on a voluntary basis of requirements for products, production processes, operation, storage, transportation, sale and disposal, performance of work or provision of services; conformity assessment.

The form of legal regulation of entrepreneurial activity is both standardization and confirmation of conformity. It is also necessary to note the issue of consumer protection. The main source is the Law of the Russian Federation “On the Protection of Consumer Rights”.

Numerous regulations that establish environmental requirements for the construction of buildings, structures and the conduct of business activities of entrepreneurs, and the conduct of environmental assessments also seem relevant. Particular attention can be paid to the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” and the requirements for the activities of entrepreneurs provided for by this law.

Thus, state regulation of the economy is the process of the state’s influence on the economic life of society and related social processes, during which the economic and social policies of the state are implemented. The implementation of the goals of state regulation of a market economy in practice is ensured through various methods of influencing business entities. There are direct and indirect methods of state management of the economy and, accordingly, administrative and economic means of state regulation of the economy have common goals and objectives and are always clothed in the appropriate legal form.

Legal methods should be considered as one of the main means of state regulation of the economy, which consists in the formation of a legal framework for economic and business activities. Without legal norms, it is impossible to use administrative and economic means of state regulation. Any means, whether administrative or economic, cannot be applied outside the legal form of their existence.

The place and role of the state in the economy of each country are determined by the effectiveness of the measures and means of state regulation used, with the help of which certain socio-economic and other problems are solved. In modern conditions, there is an increase in state influence on economic processes, organizational forms of interaction between state bodies and business entities are changing, significant shifts are occurring in the goals, mechanism, management apparatus, and in the combination of state and market regulation mechanisms. This is a general trend in most advanced economies.

The need for state regulation of business activities is justified differently in economic and legal literature. In resolving this issue, it is important to point out the need to protect public and private interests. The combination of public and private interests to achieve the goals of government regulation is the fundamental task of such regulation.

The state, represented by the competent authorities, carries out an economic function, which is expressed in the following directions:
ensuring state and public needs, priorities in economic and social development; formation of the state budget;
environmental protection and use of natural resources;
ensuring employment of the population;
ensuring the security and defense of the country;
implementation of freedom of entrepreneurship and competition, ensuring protection from monopolism;
compliance with law and order in the foreign economic activities of entrepreneurs and foreign investment.

This list of protected public interests is not exhaustive. There are also public interests such as:
the need for effective management of state property;
the need to ensure the quality and safety of goods, works, services;
ensuring the integration of the Russian economy into the world economy.

In our opinion, when forming the main directions of state regulation of business activities, criteria for such classification should be determined. It is not yet clear why some areas are included in this list and others are not. There is clearly no scientific approach to the problem at hand.

The peculiarity of state regulation in most cases is revealed through the category “activity”. Therefore, state regulation of entrepreneurial activity is the management activity of the state represented by the relevant authorized bodies, aimed at streamlining economic relations in the field of entrepreneurship in order to protect the public and private interests of the participants in these relations.

Speaking about the relationship between such concepts as “state regulation”, “public administration” and “state influence”, we note that the first concept is narrower than the last two.

In the legal literature, forms of government influence on the market economy are distinguished. These include:
state regulation of economic activity and control over it;
creation and termination of business entities;
planning.

From this point of view, we can talk, for example, about state regulation of banking, stock exchange, investment, and insurance activities. In addition, we can highlight such areas of state legal regulation as accounting of business transactions, financing of entrepreneurship, auditing, standardization and certification of products (works and services), pricing, etc.

State regulation of business activities can be classified depending on the degree of influence of the state on certain social relations in various sectors of the national economy. Thus, S.S. Zankovsky proposes to distinguish the maximum, average and minimum level (regime) of state regulation of the economy1. The maximum level involves the use of all or most means of government regulation. A minimum level of regulation exists for businesses involving creative activities.

Taking into account the scope of application of certain means of influence, we can distinguish state regulation at the federal level, at the level of the constituent entities of the Federation, at the level of the autonomous region and autonomous districts. These and other types of government regulation are reflected in federal laws and other legal acts.

State regulation of business activities does not undermine the basic principles of civil legislation (Article 1 of the Civil Code). The principle of the inadmissibility of arbitrary interference in private affairs means that the legislator generally allows state intervention in the economy. Permissible (involuntary) interference is based on the law - state regulation of business activities. Arbitrary interference is illegal. In a word, interference is different from interference.

By virtue of Part 1 of Art. 34 of the Constitution of the Russian Federation, any citizen has the right to engage in economic activities not prohibited by law. Therefore, any economic activity (including entrepreneurial activity) presupposes legal grounds. You cannot engage in those types of business that are expressly prohibited by law. State regulation of entrepreneurship is limited by law.

The situation is more complicated with the limits of state intervention in regulating business activities. Representatives of constitutional law believe that these limits must comply with the principle of proportionality and balance. However, this principle (as well as others) is not formulated in the Constitution of the Russian Federation, although, according to G. A. Gadzhiev, the principle of proportionality and balance follows from the analysis of individual constitutional provisions. A very interesting position: the constitutional principle is not explicitly expressed, but implied.

Guided by this principle, authorities cannot impose obligations on citizens and legal entities that exceed the established limits of necessity arising from public interest in order to achieve the goal pursued by this measure." Otherwise, state intervention in the sphere of entrepreneurship will be excessive. It remains to work on this account criteria and create judicial practice, including the legal positions of the Constitutional Court of the Russian Federation.

In this regard, we can highlight the main directions of state legal regulation of the economy in general and business activity in particular. This is for example:
antimonopoly regulation of business activities;
the use of forms and methods of state planning and regulation (norms, standards, quotas, a system of state, regional and municipal orders);
state regulation of the Russian national market;
state control over business activities;
state regulation of international economic relations.