Babaytseva E.A. Similarities and Differences of Self-Regulation and Licensing as Means of Legal Regulation of Business

DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.13

Elena A. Babaytseva, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Law, Volgograd Institute of Business, Kachintsev St., 63, 400010 Volgograd, Russian Federation; Judge of the Volgograd Regional Court, Kommunisticheskaya St., 11, 400066 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9526-4644

Introduction: the importance of the research subject lies in its focus on the ordering of relations arising from business activities that affect the implementation of civil rights and government priorities. The complex nature of the legal regulation of business relations implies the use of public and private law means, which are fully licensing and self-regulation. The interrelation of these means is insufficiently studied by the civil science. The methods are based on the use of the logical, dialectical techniques and methods of scientific knowledge, the comparative law analysis of the experience of accumulated knowledge in the field of the study, including the theses for a doctor’s and candidate’s degree, the scientific articles, the provisions of civil law. Results: the reasons for the use of self-regulation and licensing as a means of legal regulation of business activity at the present stage of social development are revealed. The classifications of similarities and differences of the studied means are developed. The similarities are manifested in their impact on the civil legal capacity of business entities, in the ability to organize the studied legal relations, and in the focus on achieving business goals. The differences are expressed in the structural composition of the regulated relations, the methods and ways of ordering the relations, in the nature of norm-setting, the features of the methods of regulation and the degree of scientific development. Conclusions: the study proved that the similarities and differences in licensing and self-regulation are due to their legal nature. At the same time, the essence of licensing is the public-law impact of the state on the process of doing business in order to prevent harm to life and health of people, their property, the natural environment. The legal properties of self-regulation are manifested in the private law abilities of business entities to independently establish rules and standards of their behavior, to control the turnover of things, the performance of work and (or) the provision of services in cases prescribed by law.

Key words: self-regulation, licensing, similarities, differences, business activity, means of legal regulation, subjects of entrepreneurship.

Citation. Babaytseva E.A. Similarities and Differences of Self-Regulation and Licensing as Means of Legal Regulation of Business Activity. Legal Concept, 2019, vol. 18, no. 1, pp. 99-104. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.13

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