Вісник Харківського національного університету внутрішніх справ (Nov 2018)
Concept and features of entrepreneurial activity as an object of administrative and legal protection
Abstract
The article is devoted to the study of the category “entrepreneurial activity”, its definition in legal sense, as well as clarification of the legal nature and characteristics. On the basis of a comprehensive analysis of the existing national legislation, as well as systematization of scientific views on the establishment of the content and essence of entrepreneurial activity, the authorʼs definition of this type of socially useful economic activity is formulated. Under the entrepreneurial activity it is proposed to understand the independent type of economic activity, which is carried out at its own risk and under its responsibility by the subjects of entrepreneurial activity (individuals and legal entities registered in the manner prescribed by law), which is systematic, initiative, lawful and innovative and aimed at obtaining personal income and public benefit. The main and additional features that are characteristic of entrepreneurial activity in the conditions of modern development of the state economy and financial level of life of the society are determined and described. The main features of entrepreneurial activities include: systematic, innovative, risk-taking, initiative, full property liability, focus on personal profit, legality. To the optional (additional) features of entrepreneurial activity include: high degree of adaptability to existing socio-economic, political and legal conditions in the state, focus on achieving public economic results, substantiation, directness and mediation of such activities. Generalized functions of entrepreneurial activity, through which the legal aspects of the content and features of this type of economic activity, are revealed.
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