私法与公法规制背景下的家族企业合法化概念

A. N. Levushkin
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引用次数: 0

摘要

在现代社会关系的经济和法律模式中,家庭成员最积极和最直接地参与企业法律关系,其本质往往被简化为在家族企业形式的企业概念框架内由配偶、子女和其他亲属组织业务流程。我们认为,从理论和实践导向的现代创业理论实施方向来看,经济社会和家族创业的这一部分相当重要,现代创业理论旨在为中小型企业提供额外的支持,这些企业往往是通过家庭和法律关系组织起来的,这并不排除它适用于大型公司和控股公司。本文通过私法和公法规制的棱镜提出了家庭创业合法化的现代概念,论证了国家对这种经营形式的额外支持的必要性,提出了旨在使俄罗斯家庭创业合法化的立法改革的结论和建议,发表了一份关于俄罗斯改革后时期家庭创业合法化的现状和进一步实施措施的备忘录。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Concept of Family Business Legitimation in the Context of Private Law and Public Law Regulation
In the modern economic and legal model of social relations, family members take the most active and direct part in entrepreneurial legal relations, the essence of which is often reduced to the organization of business processes by spouses, children and other relatives within the framework of the concept of a family business form of entrepreneurship. We believe that this segment of economic-social and family entrepreneurship is quite significant from the point of view of the doctrine and practice-oriented direction of the implementation of the modern theory of entrepreneurship aimed at providing additional support for small and medium-sized businesses, quite often organized by means of family and legal ties, which does not exclude its application for large corporations and holdings. The paper proposes a modern concept of legitimation of family entrepreneurship through the prism of private law and public law regulation, substantiates the need for additional state support for this form of doing business, provides conclusions and some proposals for reforming legislation aimed at legalizing family entrepreneurship in Russia, publishes a memorandum on the current state and further implementation of measures to legalize family entrepreneurship in the post-reform period in Russia.
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