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Коммерческое право. Структура товарного рынка. Правовое обеспечение развития товарного рынка (конспект лекций)

Lecture notes, cheat sheets

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LECTURE No. 18. The structure of the commodity market. Legal support for the development of the commodity market

1. The structure of the commodity market

The structure of the commodity market is understood as a set of links that are involved in the promotion of goods from producers to consumers. The main links of the commodity market are:

1) manufacturers of goods;

2) wholesale trade and other intermediary organizations;

3) retail trade organizations;

4) consumers.

Manufacturer of goods - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur, producing goods for sale to consumers.

Trade is an agreement by virtue of which one party (seller) undertakes to transfer a thing (goods) to the other party (buyer), and the buyer undertakes to pay a certain amount (price) for it.

Wholesale trade is the trade in goods for their subsequent resale or professional use. The parties to wholesale trade are called counterparties. Wholesale trade types:

1) at the place of performance - at the places of wholesale sales, in a trading establishment;

2) by the time of transfer of goods - by preliminary orders, with the immediate transfer of goods;

3) by the term of payment for the goods - with advance payment, with payment on credit, in installments;

4) due to the obligation to deliver the goods - with delivery, without delivery.

Retail trade is the sale of goods and the provision of services to customers for personal, family use, not related to business activities.

The retail parties are the seller, who is an individual entrepreneur, and the buyer, who can be any citizen. The subject of retail trade are things that are not withdrawn from civil circulation. Retail types:

1) sale of goods with the condition that the buyer accepts the goods within a certain period of time; The seller does not have the right to sell the goods to another person within the period specified in the contract;

2) sale of goods according to samples. The contract is concluded on the basis of familiarization with the goods of the buyer or according to the catalog or description;

3) sale of goods using vending machines. The owner of the vending machine is obliged to bring to the buyer information about the seller, products and actions that must be performed to receive the goods by placing information on the vending machine or otherwise;

4) sale of goods with the condition of delivery. At the conclusion of the contract, the seller undertakes to deliver the goods to the specified place and transfer them to the specified person.

Consumer - a citizen who intends to order or purchase or ordering, acquiring or using goods solely for personal, family, household and other needs not related to entrepreneurial activities.

2. Legal support for the development of the commodity market

Currently, the development of normative documents, amendments to laws and other normative legal acts continues. So, in 2006, new legislative acts were adopted, which in one way or another relate to the development of the commodity market in Russia:

1) Federal Law "On Advertising";

2) Federal Law "On Protection of Competition";

3) Water Code of the Russian Federation dated June 3, 2006 No. 74-FZ (VK RF);

4) Forest Code of the Russian Federation dated December 4, 2006 No. 200-FZ (LC RF);

5) Civil Code of the Russian Federation. Part Four (comes into force on January 1, 2008).

The process of improving technical regulation in the Russian Federation continues. The peak of the adoption of the main laws on the development of the commodity market fell on 2002-2004.

<< Back: The formation of the commodity market in Russia

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