个体工商户的法律地位:问题与改革前景

I. Ershova, T. Shishmareva, Ekaterina E. En’kova
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引用次数: 0

摘要

本文致力于研究个体经营者作为创业活动主体的法律地位问题。研究了个体经营者活动的法律性质;个体经营者有资格成为微型企业主体;制定了一种实施破产的方法。进行了一项社会学研究,目的是查明学生对自营职业者法律地位的监管方面的差距的意见。对个体经营者作为企业家的法律资格的正确性进行了论证。论证了区分这类公民活动的法律制度的必要性。阐述了修改后的创业活动概念的内容部分。在对俄罗斯和德国的商业破产和消费者破产监管进行比较法律分析的基础上,得出结论:由于个体经营者的特殊法律地位,消费者破产规则适用于个体经营者的便利性,以及在破产程序完成后为个体经营者提供继续经营活动的机会
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Status of the Self-Employed as Business Entities: Problems and prospects of Reform
The article is devoted to the study of the problems of the legal status of the self-employed as subjects of entrepreneurial activity. The legal nature of the activities of self-employed persons is studied; the self-employed are qualified as subjects of micro-entrepreneurship; an approach to the implementation of their bankruptcy is developed. A sociological study aimed at identifying the opinion of students about the gaps in the regulatory regulation of the legal status of the self-employed is undertaken. The correctness of the legal qualification of the self-employed as entrepreneurs is argued. The necessity of differentiation of the legal regime of activity of this category of citizens is proved. The content part of the modified concept of entrepreneurial activity is formulated. On the basis of a comparative legal analysis of the regulation of commercial and consumer insolvency in Russia and Germany, conclusions are drawn about the expediency of applying the rules of consumer insolvency to the self-employed due to their special legal status, as well as about providing them with the opportunity to continue their business activities after the completion of the bankruptcy procedure
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CiteScore
0.80
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