Private interests in the economy and the problems of administrative and legal impact on them

• Main Authors: Z A Saidov, O A Yastrebov
• Format: Article
• Language: English
• Published: Peoples’ Friendship University of Russia (RUDN University) 2015-12-01
• Series: RUDN Journal of Law
• Subjects: право; экономика; регулирование; доктрина; экономический рост; государство; воздействие
• Online Access: http://journals.rudn.ru/law/article/view/5757

The article refers to the fact that business as a stand-alone phenomenon, in principle, is organized on the basis of its own rules and principles established by the subjects of these activities independently, and the agreement as a tool for regulating private law relations of economic entities is, in principle, the main regulator of their relationship. If implementation of the interaction between two private business entities actually performed under private law, which defines a set of reciprocal rights and duties, it is still for the most of the possibilities of such cooperation necessary to observe a number of administrative and legal requirements exposed to public law. Even the implementation of a purely private-law transactions presupposes the existence of the status of the entrepreneur, which is acquired through registration as such in accordance with the law, that is, through administrative and legal relations. In addition, it is noted that in the modern rule of law standard material, which we refer to private law, also developed with the direct involvement of public authorities. The intervention of public authorities in the activities of non-state actors sector is caused by the need to protect rights of others and constitutional values, which can potentially be violated by economic entities of non-state sector of the economy. The article states that the administrative and legal status of subjects of the non-state sector is heterogeneous, which explains the differentiated approach to the administrative and legal pressure on private businesses. The authors conclude that the administrative and legal impact on the interests of private law is carried out not only through direct administrative methods of legal provisions, but also through indirect economic, financial, and material, etc. measures.