STATE AND ENTREPRENEURIAL ACTIVITY

The purpose of writing is to try to identify different approaches to the regulation of entrepreneurial activities. This sphere of public relations was studied by foreign authors: A.C. Pigou, J.M. Buchanan, J. Gordley. To solve the problems, the author used general scientific research methods: content analysis, extrapolation, systematization and generalization of methods. Special legal methods were used: formal legal method, methods of interpretation of law (grammatical, systematic, functional, logical), legal modeling, legal forecast. This methodology allowed us to conduct an interdisciplinary study and formulate conclusions with a focus on solving problems of legal science. Findings. The author conducts a study of the options for building priorities for the influence of different subjects on the business sphere. The nature of the appropriation by the owners (legal entities) of surplus labor in a modern capitalist society is analyzed. The study showed that the status of the owner and the legal regime of its activities do not contain elements of the legal definition of «entrepreneurial activity». It is concluded that in modern states the political structure has constitutional powers to determine the goals and objectives of the development of the economy, the state and law. An algorithm for the implementation of legal policy in the field of economic, business, corporate, banking, insurance law is revealed. In carrying out the process of development of the economic cycle (production, distribution, exchange, consumption), it is necessary to take into account the cultural and moral component of social relations, to influence the social practices of the population. The interrelation in the modern capitalist economy between the public functions of state control, supervision and private law is shown. Underdevelopment of norms and institutions of civil law can lead to the ineffectiveness of measures to improve economic performance, which forces the use of direct administrative, direct economic methods of state regulation, control, supervision of economic actors to increase budget revenues. The use of such measures affects the level of entrepreneurial activity in the state, the level of development of public institutions. The results can influence the increase in the effectiveness of the application of norms, the reduction of economic costs in the implementation of entrepreneurial activities. The results obtained can be used in the lawmaking process in reforming civil, business legislation. The application of the formulated proposals will make it possible to legitimize the legal and economic policies pursued by state bodies. The work is intended for specialists in civil, business law, as well as groups of specialists who carry out legislative activities in the field of legal regulation of economic activity.

предпринимательская деятельность, государственная политика, право и экономика, теория общественного выбора