Table of contents (expand)
- Subject, method and principles of commercial law
- Trade Law
- Non-legislative sources
- State control over compliance with the rules of commercial activity
- Protection against illegal actions of regulatory authorities
- Individual entrepreneur
- Responsibility of an individual entrepreneur. Termination of its activity
- Commercial organizations
- Separate and non-separate divisions
- Objects of civil rights of an entrepreneur
- Money (currency) and securities
- Real estate. Works and services. Accounts receivable. debts
- Product concept
- Means of individualization of a commercial organization
- Means of individualization of products, goods, works or services
- The concept of a commodity market
- Structure and infrastructure of the commodity market
- Markets of perfect and imperfect competition. Protection of competition
- The concept of competition under Russian law
- Abuse of an economic entity by its dominant position
- Commodity exchange
- Features of exchange trading
- Auction house. auction trading
- Organization of auction trade. Auction technique
- wholesale fair
- Commercial commitment
- Classification of commercial obligations
- Commercial transaction: concept and types
- Contract in commercial activity
- Content of the contract
- Form of contract
- Interpretation of the contract. Registration of the contract
- Ways to conclude a contract
- Change and termination of the contract. Change of persons in obligation
- Types of civil law contracts used in commercial activities
- The concept and types of commercial contracts
- The concept of the sale of goods, works or services. Implementation agreement
- Barter agreement
- Trade credit agreement
- Legal regulation of contractual relations. Preamble to the treaty
- Identification of the legal status of the counterparty in the transaction
- subject of a contract
- Product quality
- Packaging and labeling
- Assortment, completeness and set of goods. Delivery time
- The main obligations of the parties. Time of transfer of ownership
- The difference between a supply contract and a retail sale contract
- Price basis
- Principles for determining the price of goods, works or services for tax purposes
- Form of non-cash payments. Settlements by payment orders
- Settlements by letter of credit, by collection, by checks
- Information constituting a trade secret
- Responsibility and procedure for settling disputes of entrepreneurs
- Ways to ensure the fulfillment of contractual obligations
- Penalty
- Pledge and retention
- Surety agreement. Deposit
- Bank guarantee
- Operational measures. Options for the supplier in case of violation of obligations by the payer
- Options for the payer in case of violation of obligations by the supplier
- Termination of obligations under the contract
- Commercial representation
- Commercial mediation. Labor representation
- Contract of agency
- Commission agreement
- Agency contract
- Transportation of goods. Contract for the carriage of goods
- Agreement on the organization of cargo transportation. Chartering agreement (charter). Freight Forwarding Agreement
- The concept and types of warehouse services
- Warehousing agreement
- Warehouse receipts
- The concept and general characteristics of franchising. Commercial concession agreement
- Varieties of franchising
- Benefits of franchising as a type of business activity for its participants
- The concept of marketing activities
- Concept, principles, types and goals of marketing research. Sources of information
5. PROTECTION AGAINST MISACTS OF CONTROL AUTHORITIES
All ways of protection can be divided into jurisdictional (appeal to the competent authorities) and non-jurisdictional (without recourse to any authority). The Federal Law "On the protection of the rights of legal entities and individual entrepreneurs in the course of state control (supervision)" defines state control (supervision) and the principles of protection of rights.
State control (supervision) - this is a verification of compliance by a legal entity or individual entrepreneur, when carrying out their activities, with the mandatory requirements for goods (work, services) established by law.
Introduced restrictions when carrying out control activities for officialswho are not entitled to:
▪ check compliance with mandatory requirements that are not within the competence of the state control (supervision) body on behalf of which officials act;
▪ carry out scheduled inspections in the absence of officials or employees of the inspected entrepreneurs or their representatives during control activities;
▪ demand the presentation of documents, information, samples (samples) of products, if they are not objects of control measures and do not relate to the subject of inspection, as well as seize original documents that are not related to the subject of inspection;
▪ demand samples (samples) of products for carrying out their research (testing), examination without issuing an act on the selection of samples (samples) of products in the prescribed form and in quantities exceeding the norms established by state standards or other regulatory documents;
▪ disseminate information that constitutes a secret protected by law and obtained as a result of control measures, except for cases provided for by the legislation of the Russian Federation;
▪ exceed the established deadlines for control measures.
Obligations of officials of state control (supervision) bodies when carrying out control measures:
1) timely and fully exercise the powers granted in accordance with the legislation of the Russian Federation to prevent, detect and suppress violations of mandatory requirements;
2) carry out control measures on the basis of and in strict accordance with the orders of state control (supervision) bodies on the implementation of control measures;
3) visit the facilities (territories and premises) of entrepreneurs for the purpose of carrying out control measures only during the performance of official duties upon presentation of an official ID and an order of state control (supervision) bodies on carrying out control measures;
4) to prove the legality of their actions when they are appealed by entrepreneurs in the manner prescribed by the legislation of the Russian Federation.
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