Ershova, I.V. Definition of entrepreneurial activity in theory and judicial practice

Abstract: The article contains analysis of entrepreneurial activity definition based upon the theory of entrepreneurial law, legislation and judicial practice. The author evaluates existing scientific viewpoints on the sphere of application of this term, attention is paid to the position on the absence of legislatively provided definition of entrepreneurial activity, which the author considers to be questionable. From the standpoint of entrepreneurial law the author characterizes elements of entrepreneurial activity, such as systemic character and the aim to obtain a profit. Much attention is paid to legitimacy as a formal element of entrepreneurial activity. An opinion is expressed on the contents of entrepreneurial activity, and it is pointed out that the profit of entrepreneur and profit of the owner of property should be differentiated. Finally, the conclusion is made that incorrect and unclear legal definition is complemented by the legal positions from the judicial practice. The article contains the key legal positions of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and the Constitutional Court of the Russian Federation on the relevant issues.

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