Business contract, its purpose and scope. Documentation of production and economic activities agreement agreement Agreement pkd

MINISTRY OF EDUCATION OF THE REPUBLIC OF BELARUS

EDUCATIONAL INSTITUTION

"GRODNO STATE UNIVERSITY NAMED AFTER YANKA KUPALA"

Faculty of Law

Department of Civil Law and Process

Specialty 1-24 01 02

"Jurisprudence"

BUSINESS AGREEMENT

Course work

1st year student of the correspondence department (s/c)

Scientific adviser -

PhD in Law, Associate Professor

Introduction

1. Business agreement

1.1. The concept and features of a business contract

1.2. Functions of a business contract

2. System of business contracts

Conclusion

Bibliographic list

INTRODUCTION

Entrepreneurial activity on the territory of the Republic of Belarus is carried out through civil law transactions, since in the process of implementation entrepreneurial activity business entities produce products, sell them, provide various services, perform work and carry out other activities related to entrepreneurship.

In the process of making a transaction and carrying out actual actions aimed at establishing rights and obligations, business entities reach an agreement on their establishment, which is called a universal contract. legal remedy used to give legal force to the agreement of the parties.

The contract is one of the most ancient legal constructions. Earlier in the history of the emerging law of obligations, only torts arose.

Development various forms communication between people put forward the need to provide them with the opportunity, by agreement of the parties, to use before l fired legislator or to create legal models. Contracts became such models.

In the conditions of developing market relations, the contract is the most common and economically most significant basis for the occurrence of circumstances.

1. BUSINESS AGREEMENT

1.1 The concept and features of a business contract

The contract is a universal legal form of organization and regulation of economic relations, which allows you to most fully determine the mutual rights, obligations and responsibilities of participants in business legal relations. The need for the existence of the contract is due to the fact that it affects various spheres of life of the subjects of civil circulation. The contract is a legal form of economic (civil) turnover.

Contracts serve the interests of the parties. They contribute to mutual interest, ensuring organization in economic turnover. The contract is the main way to implement such principles of economic turnover as compensation and equivalence.

Compensatory relations (for example, legal entities) in the conditions of commodity production are clothed in a commodity-money form and require that their economic relations be mediated by an agreement as legal form exchange and legally formalized in the form of civil obligations. The fulfillment of the obligations undertaken by the parties will be guaranteed if the obligations of each party are embodied in the form of an agreement between them and mutual rights and obligations are specified in these agreements with the establishment of property liability for their failure to fulfill them. In other words, the meaning of the contract lies in the fact that it is a means of stimulating the fulfillment of obligations.

The term "contract" in the legal literature denotes a legal fact, with which legal norms associate the emergence of legal relations between business entities. (Vabishchevich 2007, p. 79)

In the science of civil law, there is an understanding of the contract not only as legal fact, but also as a contractual obligation or civil legal relationship arising on the basis of the relevant contract. It should be noted that the concept of "contract" is not identical to the concept of "obligation". The contract is only one of the grounds for the emergence of obligations that arise from other legal facts (Article 7 of the Civil Code). The general provisions on obligations shall apply to obligations arising from a contract, unless otherwise provided by the general rules on contracts and the rules on certain types of contracts.

The term "agreement" also refers to a document fixing the agreement of the parties. As a document, the contract consists of a set of clauses and other details.

The economic (entrepreneurial) contract is a means of mutually beneficial agreement on the will of the parties regarding the organization and implementation of the entrepreneurial process. An agreement is a compromise between the parties, fixing the obligations that each of the parties undertakes to obtain the effect that underlies the transaction.

The general concept of the contract is enshrined in paragraph 1 of Art. 390 of the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code), which states that an agreement is an agreement of two or more persons aimed at establishing, changing or terminating civil rights and responsibilities.

A business contract (especially its concept, features and types) is a debatable issue in the legal literature, mainly due to the fact that the legislation does not contain a definition of the term "business contract" and there is generally no legislative consolidation of it or in the form of a special kind of civil legal contract, or as a completely independent contract.

However, entrepreneurial activity, as the scope of a business contract, determines the presence in it of a certain set of essential features, which makes it possible to distinguish it from other contracts. The following distinguishing features of a business contract are distinguished:

subject composition of a business contract, i.e. parties or one of them are commercial organizations in various organizational and legal forms, non-profit organizations engaged in entrepreneurial activities within the rights granted to them by law and founding documents, individual entrepreneurs. Consequently, the same contract can be economic (if both parties to the contract are entrepreneurs), civil law (if both parties to the contract are not entrepreneurs), economic for one party - the entrepreneur and civil (domestic) for the other party, not being an entrepreneur (Vabishchevich 2002, p. 176). In the latter case, the rules of economic legislation apply to the entrepreneur, and the rules of civil law apply to the non-entrepreneur.

the business contract is planned, as business entities plan their activities, and the plans have been preserved in the form of orders for state needs (Reutskaya, p. 135);

a business contract is always aimed at achieving the main economic goal - making a profit, since the goal of entrepreneurial activity is a systematic profit. The indicated feature of economic contracts implies the reimbursable nature of the relations mediated by them for the transfer of material and intangible benefits. Any contract in accordance with paragraph 3 of Art. 393 of the Civil Code is supposed to be compensated, unless otherwise follows from the legislation, the content or the essence of the contract.

Based on the above signs of a business contract, it is possible to formulate a definition of a business contract, which is understood as an agreement between two or more subjects of economic (entrepreneurial) activity, or with their participation, on the establishment, change or termination of civil rights and obligations in the process of economic (entrepreneurial) activity (Reutskaya, p. 135).

A business contract should be understood as an agreement between the parties (business entities) aimed at establishing, changing or terminating economic legal relations that regulate relations in the field of logistics, wholesale trade, capital construction, transportation of goods, rent, storage, franchising, lending and other areas related to the implementation of entrepreneurship and not related to the purposes of personal, family, home or other similar use [Fursa].

1.2 Functions of a business contract

The direction of the influence of a civil law contract on the relations regulated by it is manifested through its functions. They are usually divided into general and special.

To the number common functions include:

1) regulatory , i.e. the contract has a regulatory impact on relations with the participation of citizens and legal entities, serves to streamline and form them. Thus, the conclusion of a supply contract means the establishment of relations between the parties that such and such goods will be supplied, in a certain quantity (volume) and in deadlines, i.e. these relationships are sorted out. The regulatory impact of this function is also associated with the change and termination of the contract;

2) coordination. Helps the parties to equip (establish) their relations in the field of production and economic activity, i.e. the contract acts in this case as a means of establishing business cooperation between the parties, the consistency of their will;

3) protective (protective). Non-fulfillment or improper fulfillment of an obligation arising on the basis of an agreed will contributes to the emergence of a protective (protective) function. This means that the contract may provide for various ways ensuring the fulfillment of obligations (forfeit, pledge, withholding, guarantee, guarantee, etc.).

Every company wants to make a stable profit and wants to stay on the market as long as possible. This can be achieved by increasing the competitiveness of manufactured products (services), which undoubtedly contributes to the improvement of PCBs (the term will be explained below). Moreover, for these purposes, the achievements of scientific and technological progress are mainly used. In addition, increasing the efficiency of the technological process, forcing mismanagement, the manifestation of one's own initiatives, as well as the activation of entrepreneurship will help to fulfill the tasks set. It should be noted that the implementation of these tasks is possible only with the improvement of PCBs (decoding - In the article we will analyze this concept in more detail.

What is PCB? Decryption

To understand the meaning of the term, as well as to find out the development trends of the enterprise, it is necessary to decide what is to be reformed in the company's economy. It is important to know what methods of improving production and economic activities should be used. As is known, the increase in PCBs is achieved through financial, labor or material investments. However, it should be noted that the leading role in this process is played (that is, having a monetary value).

Increasing economic efficiency

An analysis of the PCB of an enterprise indicates that it directly depends on the level of use of fixed assets. In this case, this means that property is used as means of labor in the production of products. It is worth noting here that the enterprise does not take into account items used in production for less than one year. However, their cost does not matter. In order to increase the volume of output, it is necessary first of all to improve the use of fixed assets. Thus, the number of social labor. Analysis of PCBs shows that fixed assets in technological process form the production and technical base. This directly affects the strength of the company.

Types of fixed assets

After entering the enterprise, these assets are transferred to operation. Naturally, in this process they wear out, are repaired, moved and written off from the balance due to the inexpediency of their further use. In order to achieve a better turnover of funds, it is necessary first of all to increase the time of their work. This is achieved by reducing downtime, increasing capital productivity and productivity (through the use of new production technologies). Fixed assets - depending on the purpose and functional characteristics - are divided into the following types:

buildings (including outdoor buildings of economic importance);
structures (engineering and construction facilities necessary for servicing production);
machinery and equipment (both power and working);
transmission devices (heat and power networks);
objects of nature management and land belonging to the enterprise on the basis of property rights;

laboratory equipment, as well as regulating and measuring instruments;
tools (this includes only independent objects that are not part of any element);
vehicles (i.e. machines and equipment designed to move goods, substances and people);
household and industrial inventory;
others (plantations, livestock, etc.).

The list also includes material investments aimed at improving land, as well as leased facilities.

PCBs in the army

It is worth noting that PCB, the decoding of which is given above, has a different interpretation. So, this concept in the armed forces, it denotes a park and economic day, that is, any day of the week when the process of restoring order takes place, cleaning all adjacent territories and premises (regardless of their purpose). And most often this process scheduled for a weekend, for example, Saturday.

Main tasks

The main goals pursued by the park and economic day are to determine the general condition of military equipment and weapons. If any shortcomings are identified, the crews, drivers or repair specialists carry out troubleshooting. At the same time, it is mandatory to check the quantity of fuel (both in tanks and in warehouses), as well as its quality. Consumers and sources of electricity are monitored, the exact availability of spare parts is determined. In addition, PCB includes the repair of internal roads and park fences, putting things in order in park premises, on the territory of a military camp, repairing shoes and personal belongings, carrying furniture, inventory, barrack equipment, and so on.

An agreement is an agreement between two or more persons on the establishment, modification, termination of civil rights and obligations, that is, it is a bilateral or multilateral transaction.

The legal advantages of the contractual form of relationship are manifested in its universality, simplicity and flexibility. The contract can be concluded in any form, and between the absent counterparties (by correspondence) or through a representative. The initial terms of the contract can be further changed and supplemented by the parties, their rights can be established in the interests of third parties who did not participate in the conclusion of the contract, or then assigned to third parties. All this makes the contract an indispensable tool of the market.

An agreement is a compromise between the parties, fixing the obligations that each of the parties undertakes to obtain the effect that underlies the transaction.

Common features include:

1) regulatory, i.e. the contract has a regulatory impact on relations with the participation of citizens and legal entities, serves to streamline and form them. Thus, the conclusion of a supply agreement means the establishment of relations between the parties that such and such a product will be supplied, in a certain quantity (volume) and on time, i.e. these relationships are sorted out. The regulatory impact of this function is also associated with the change and termination of the contract;

2) coordination. Helps the parties to equip (adjust) their relations in the field of production and economic activities, i.e. the contract acts in this case as a means of establishing business cooperation between the parties, the consistency of their will;

3) protective (protective). Non-fulfillment or improper fulfillment of an obligation arising on the basis of an agreed will contributes to the emergence of a protective (protective) function. We are talking about the fact that the contract may provide for various ways to ensure the fulfillment of obligations (forfeit, pledge, retention, surety, guarantee, etc.).

21 Invalidity of business contracts

Invalid transactions are the actions of individuals and legal entities, although they are aimed at establishing, changing or terminating a civil legal relationship, but not creating these consequences due to the discrepancy between the actions taken and the requirements of the law.

Article 166 of the Civil Code of the Russian Federation reproduces the traditional division of invalid transactions

on the contestable And insignificant .

Absolutely invalid (void) – a transaction that is invalid due to its very inconsistency with the requirements of the law.

Relatively invalid (voidable) – a transaction, the invalidity of which must be declared by the jurisdictional authorities, at the claim of interested parties.

If the latter do not apply to the jurisdictional authorities and do not require recognition

the transaction is invalid - it is valid.

Types of void transactions

1. Void transactions include transactions that do not meet the requirements

law (Article 168 of the Civil Code of the Russian Federation).

2. Void transactions include transactions made with the intention of knowingly

contrary to the interests of the state and society. Such can be considered

a transaction where there is intent on the part of one of the parties.

3. Void transactions include extra-statutory transactions, i.e. transactions made

legal entities, contrary to the objectives of the activities of this legal

persons specified in its memorandum of association, charter (Article 173 of the Civil Code of the Russian Federation).

4. Void transactions include transactions made by legally incompetent persons

(Article 171 of the Civil Code of the Russian Federation).

5. Void transactions include transactions imaginary And feigned .

Imaginary transactions - transactions made for the sake of appearance, without the intention of creating legal consequences.

Fake deal - a transaction that is made in order to cover up another transaction that the parties had in mind.

6. Also recognized as void transactions are those transactions in which the

forms required by law.

Types of voidable transactions

Voidable transactions are declared invalid if:

1. If it is committed by a person of limited legal capacity by age (i.e. a minor aged 14 to 18 years), without the consent of parents, adoptive parents, guardians (Article 175 of the Civil Code of the Russian Federation).

2. A transaction on the disposal of property, made without the consent of the trustees,

a person with limited legal capacity due to alcohol abuse or

drugs.

3. Transactions made by a capable person who was at the time of making

transactions in a state where he could not understand the meaning of his actions and

lead them.

4. Transactions made under the influence of a delusion of material significance

(Article 178 of the Civil Code of the Russian Federation).

Delusion - an erroneous perception of a person about a particular circumstance.

Major misconception - delusion, without which a person, acting reasonably, in good faith and with knowledge of the true state of the matter, would not have made this transaction.

In case of delusion, the counterparty must have no intent.

5. Transactions made under the influence of deception, violence, threats, malicious

agreements of the representative of one party with the other party, as well as transactions,

committed by citizens under the influence of a combination of difficult circumstances, at an extremely

unfavorable conditions (Article 179 of the Civil Code of the Russian Federation).

Under deception means intentionally misleading another person. Fraud usually consists of making a false statement, spreading false information, or omitting essential elements of the transaction. To recognize the fact of fraud, it is not required that it come from the other party to the transaction. A third party may also resort to deception at the request of one of the parties or with her knowledge.

6. Relatively invalid (disputable) is a transaction made under the influence of

violence. The basis for recognizing such a transaction as invalid is that the will

participant was not formed freely.

Violence - unlawful influence on the other party to the transaction, by virtue of which it enters into the transaction under pain of causing property or personal harm to the party itself or relatives.

7. About a transaction made under the influence of a threat is relatively invalid (disputable).

A threat - mental abuse, which is characterized by the severity, significance and likelihood of its implementation.

The basis for declaring the transaction invalid, the threat must be

real, executable.

8. From relatively invalid (disputable) transaction concluded as a result of

malicious agreement of the representative of one party with the other.

The basis for the recognition of such a transaction as invalid is that in

as a result of deliberate collusion of the representative with the other party,

adverse consequences for the represented.

9. Relatively invalid (disputable) transaction made by the subject

due to a combination of difficult circumstances at extremely disadvantageous

conditions.

The grounds for invalidating such a transaction are two

interrelated facts: finding the subject making the transaction in difficult

circumstances and extremely unfavorable terms of the transaction. Under the confluence of heavy

circumstances should be understood as the illness of a loved one, the absence

sources for the material maintenance of the family, etc.

In accordance with the Civil Code, 4 groups of legal consequences of the invalidity of transactions can be distinguished:

one). The general rule is the return of the parties to the property status

that took place before the execution of the invalid transaction. Each side

is obliged to return to the other party everything received under an invalid

deal. Such a return of the parties to their original position is called

bilateral restitution.

2). The consequence of the invalidity of transactions is also unilateral

restitution, in which one of the parties returns what it received under the transaction

to the other party, and that party transfers everything that she received or should have received by

transaction, to the income of the Russian Federation.

3). Civil Code as one of the consequences of invalidity

transactions provides for the prevention of restitution.

Non-restitution means that everything that both parties received or

should have received under the transaction, is collected in the income of the Russian Federation.

4) the imposition of an obligation to compensate for the damage suffered by one of the parties as a result of the conclusion and execution of an invalid transaction. Compensation as a legal

the consequences of the invalidity of the transaction are provided only by special

norms (Art. 171, 178, 179 of the Civil Code of the Russian Federation).

22 Procedure for concluding, amending and terminating the contract.

Process conclusions any agreements, consists of three stages:

1. sending a proposal by a person to conclude an agreement (offers) to one or several specific persons;

2. acceptance by them this proposal;

3. receipt by the person who sent the offer of a response on consent to conclude an agreement (acceptance).

According to Art. 433 of the Civil Code of the Russian Federation, the contract is recognized as concluded at the time of receipt of the acceptance by the person who sent the offer.

A person who has made an offer indicating a time limit for a response is bound by it during this period. Until its expiration, it cannot cancel or change the offer, withdraw the offer.

When the deadline for acceptance is specified in the offer, the contract is recognized as concluded if the acceptance is received by the person who sent the offer within the period specified in it (Article 440 of the Civil Code of the Russian Federation). If such a period is not defined, different consequences occur depending on the form in which the offer was sent. If the offer is made in writing, the contract is considered concluded if the acceptance is received before the expiration of the period established by law or other legal acts; in the absence of such a period, within the time normally necessary for this. When an offer is made orally without specifying a deadline for acceptance, the contract is considered concluded if the other party immediately declared its acceptance (Article 441 of the Civil Code of the Russian Federation).

Article 445 of the Civil Code of the Russian Federation provides for the possibility of an interested person to achieve forced conclusion of a contract if the person, for whom the conclusion of the contract is obligatory in accordance with the laws, evades from its conclusion. In such a case, another person has the right to apply to the court with a demand to compel the conclusion of the contract.

Along with the most general rules of the Civil Code of the Russian Federation related to the conclusion of contracts, Ch. 28 also contains rules governing the conclusion of a contract in a special manner by bidding.

Bidding is carried out in the form of an auction or competition. The form of conducting is determined by the owner of the thing being sold or the owner of the right to be exercised, unless otherwise provided by law. The person who offered the highest price is recognized as the winner of the auction at the auction, and the person who, according to the conclusion of the tender commission appointed in advance by the organizer of the auction, offered the best conditions.

Notification of the auction, unless otherwise provided by law, must be made by the organizer at least 30 days before the auction.

During the term of the contract, in accordance with the law, the parties have the right, by their agreement change or cancel it, unless otherwise provided by the Civil Code of the Russian Federation, other laws or an agreement. In addition, the Civil Code of the Russian Federation allows the amendment and termination of the contract by the court at the request of one of the parties under certain conditions (violation of the contract by the counterparty or a significant change in the circumstances from which the parties proceeded when concluding the contract), as well as a legitimate unilateral change and termination of the contract without recourse to court (Article 450 of the Civil Code of the Russian Federation).

The parties may, by their agreement, change or terminate the agreement concluded between them, unless otherwise provided by the Civil Code of the Russian Federation and other laws. Such a limitation is possible in cases where the contract affects the interests of third parties who did not participate in the conclusion of the contract.

If one of the parties does not agree to terminate or amend the contract, the other party (under certain circumstances) has the opportunity to terminate or change the contract either by going to court or by unilateral full or partial waiver of the contract (when such a waiver is permitted by law or by agreement of the parties).
A party has the right to apply to the court with a claim to change or terminate the contract, subject to the provisions of paragraph 2 of Art. 452 of the Civil Code of the Russian Federation on the procedure for pre-trial settlement of the dispute.
The deadline for responding to a proposal to amend or terminate the contract may be specified in the proposal, as well as provided for by law or the contract. If the term is not established either in the proposal, or by law, or by agreement, then it is considered to be equal to thirty days.

The Civil Code of the Russian Federation (clause 2, article 450) recognizes its significant violation as the basis for changing or terminating the contract, i.e. a violation entailing such damage to the other party that he is largely deprived of what he was entitled to expect when concluding the contract.

If the parties do not come to an agreement on the further fate of the contract in the light of a significant change in the initial circumstances, the dispute may be referred to the court.

Due to a significant change in circumstances, the contract is usually terminated rather than amended. Changing the contract is possible by a court decision only in two cases: when the termination of the contract is contrary to public interests and when the termination will cause damage to the parties that significantly exceeds the costs necessary to fulfill the contract on the conditions changed by the court.

Change and termination agreement form the contract must be the same as the form of the relevant contract (clause 1, article 452 of the Civil Code of the Russian Federation).
In the event of a unilateral refusal to perform the contract in whole or in part, the interested party only needs to declare to its counterparty (counterparties) about the refusal to perform the contract and, accordingly, the moment when one party learned or should have known about the unilateral refusal of the other should be considered the moment of termination or change of the obligations of the parties parties to the performance of the contract.

The party initiating the change or termination of the contract may demand compensation for losses caused by its change or termination, but only if the contract is changed or terminated due to its material violation by the counterparty (clause 5, article 453 of the Civil Code of the Russian Federation).

Industrial and economic activity (PCB) is all activity industrial enterprise, including, along with work related to the production of products and the development of the enterprise, such work as maintaining in due order the condition of the assigned equipment, the assigned territory, safety and industrial sanitation, labor, production, technological and performance discipline etc.

Production activity is dual in nature: on the one hand, it reflects the technological purpose associated with the manufacture of products that meet market requirements in terms of quantity, quality and delivery time, and on the other hand, it must ensure the implementation of the above requirements while minimizing production costs. The main thing in this model is the production process, since it is on it that the success of the implementation of the purpose of the enterprise depends.

Setting up and launching this process, which would be able to produce products required by the market, is the prerogative of the current production and technological activities.

In solving this problem, an important role is played by such factors as the state of the production base, the sufficiency production capacity, its technical and organizational level, the degree of progressiveness of the organization of production and labor.

The area of current production activities includes: inventory management, planning of repair and replacement of equipment, design and implementation of the most productive and resource-saving technologies, regulation of the quality and quantity of products, scheduling production progress, etc.

The sphere of production and economic activity of the enterprise includes the processes of production, reproduction and circulation. Production processes ensure the implementation of the tasks of preparing and mastering the process of implementing other services, Maintenance production process. Main renovation works production assets, expansion and technical re-equipment of motor transport enterprises, training and retraining of personnel belong to the processes of reproduction. Circulation processes include logistics and service delivery.

The enterprise independently plans its production and economic activities and determines the development prospects based on the demand for the service provided, and the need to ensure the production and social development of the enterprise, increase the personal income of its employees. The plans are based on contracts concluded with consumers of services and suppliers of material and technical resources.

The economic aspect of production activity is set by the marketing department and economic services. It is they who inform the department (service) of production what and how much to produce, what quality, in what time frame and at what price to produce products.

A positive result of the production and economic activities of the enterprise should be considered the fulfillment of the profit plan. The main profit at the enterprise is formed from the sale of products.

The activity of any enterprise is connected not only with organizing production, providing it necessary resources, but also in order to constantly monitor the current activities of the enterprise, make adjustments to management decisions in order to achieve planned results. All this implies a constant comparison of the main economic and financial actual results of the enterprise with pre-calculated and planned indicators.

High production efficiency is a necessary and decisive prerequisite for systematic expanded reproduction.

Production efficiency is one of the key categories of a market economy, which is directly related to the achievement of the ultimate goal of the development of production in general and each enterprise separately.

There are several definitions of the effectiveness of the production and economic activities of an enterprise in order to represent its essence in more detail. Economic theory defines the category of efficiency of production and economic activity as performance production process, production system or specific form of business. In the most general view the economic efficiency of production is a quantitative ratio of two quantities - the results of economic activity and the costs incurred (in any proportion). The essence of the efficiency of production and economic activity is interpreted by most economists as the achievement of maximum results in the interests of society at the lowest possible cost. Therefore, the definition of this indicator should be based on a comparison of the result of production with the total costs of living and past labor that determined this result. Historically, with all modes of production, regardless of the form of ownership, the producer is interested in the ratio between the costs and results of their activities.

Increasing the efficiency of the production and economic activities of an enterprise is one of the central problems of the economy. To successfully address the diverse economic and social tasks there is no other way but to dramatically increase the efficiency of everything social production. The process of generating results and production efficiency (system performance) is shown in Figure 1.1

Interactions

and costs Results

Figure 1.1 - Schematic diagram of the formation of results and performance efficiency of the production and economic system.

Among the factors affecting the efficiency of the production and economic activities of an enterprise, one can note an increase in the process of planning its activities and strengthening control over the production and social development of an enterprise. What is the essence economic efficiency And what determines its special significance for the country's economy? The essential characteristic of production efficiency (system performance) is reflected in the general methodology for its determination, the formalized form of which has the following form, represented by the formula:

Efficiency (productivity) = Re / Rz, (1.1)

where P e - results;

R s - resources (costs).

The effectiveness of production as the most important component for determining its effectiveness should not be interpreted unambiguously. It is necessary to distinguish: the end result of the production process and the end result of the work of an enterprise or other integration structure as a primary autonomous link in the economy.

The first one reflects the materialized result of the production process, which is measured by the volume of production in natural and value forms. The second - includes not only the quantity of manufactured products, but also its consumer value. The end result of the production process (production and economic activity of the enterprise) for a certain period of time is the net product, that is, the newly created value, and the financial result commercial activities- profit (profitability). The essence of the efficiency of production and economic activity is interpreted by most economists as the achievement of maximum results in the interests of society at the lowest possible cost. Therefore, the definition of this indicator should be based on a comparison of the result of production with the total costs of living and past labor that determined this result. The special significance of the problem of production efficiency predetermines the need to correctly take into account and analyze the level and scale of the efficiency of all means and elements of production. Determination of efficiency requires the use of methods of quantitative analysis and measurement, which involves the establishment of a criterion of economic efficiency. Economic efficiency is ultimately expressed in an increase in labor productivity. Consequently, the level of labor productivity is a criterion for the economic efficiency of production. The higher labor productivity and, consequently, lower production costs, the higher the economic efficiency of labor costs. The production process at any enterprise is carried out with the interaction of three defining indicators: personnel (labor), means and objects of labor. Using the available means of production, the personnel of the enterprise produces socially useful products or represents production domestic services. This means, on the one hand, there are costs of living and materialized labor, and on the other hand, these or other results of production (activity). The latter depend on the scale of the means of production used, the human resources potential and the level of its use.

In foreign practice, as a synonym for the term "management efficiency", the term "productivity of the production and service system" is usually used, when productivity is understood as effective use resources (labor, capital, land, materials, energy, information) for the production of various goods and services.

In the market practice of managing there are a variety of forms of manifestation of economic efficiency. Depending on the nature of the labor process, production efficiency can act as technical, economic and socio-economic efficiency. Technical and economic aspects of efficiency characterize the development of the main factors of production and the effectiveness of their use. According to the objects of definition, the following forms of efficiency are distinguished: the efficiency of existing production; efficiency of technical re-equipment, reconstruction, expansion and new construction; efficiency of capital investments and new technology; efficiency foreign economic activity; security effectiveness environment etc. From a theoretical point of view, all these forms of efficiency are considered as one-time investments in production, and their measurement is based on general principles determining the economic efficiency of existing production.

The production of products is impossible without the cost of living labor, therefore, in any sphere of management, both one-time and current costs are necessary for the production of products. At the same time, the amount of costs is not a constant value, but depends on many factors. Each type of product can be produced from various kinds raw materials and materials, using various technical means, at enterprises that differ in size, profile, structure, with various forms of organization of labor and production.

It is also necessary to correctly take into account and analyze the level and scale of efficiency of all means and elements of production. Determination of efficiency requires the use of methods of quantitative analysis and measurement, which involves the establishment of a criterion of economic efficiency.

The criterion is the main distinguishing feature and a certain measure of the reliability of knowing the essence of production (activity) efficiency, according to which a quantitative assessment of the level of this efficiency is carried out: a correctly formulated criterion can most fully characterize the essence of efficiency as an economic category and be the only one for all links of economic activity.

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Business contract

INTRODUCTION

Entrepreneurial activity on the territory of the Republic of Belarus is carried out through civil law transactions, since in the process of entrepreneurial activity business entities produce products, sell them, provide various services, perform work and carry out other activities related to entrepreneurship.

In the process of making a transaction and carrying out actual actions aimed at establishing rights and obligations, business entities reach an agreement on their establishment, which is called a contract, a universal legal means used to give the agreement of the parties legal force.

The contract is one of the most ancient legal constructions. Earlier in the history of the emerging law of obligations, only torts arose.

The development of various forms of communication between people put forward the need to provide them with the opportunity, according to the will agreed by the parties, to use the proposed by the legislator or to create legal models themselves. Contracts became such models.

In the conditions of developing market relations, the contract is the most common and economically most significant basis for the occurrence of circumstances.

1. BUSINESS AGREEMENT

1.1 The concept and features of a business contract

Compensatory relations (for example, legal entities) in the conditions of commodity production are clothed in a commodity-money form and require that their economic relations be mediated by a contract as a legal form of exchange and legally formalized in the form of civil law obligations. The fulfillment of the obligations undertaken by the parties will be guaranteed if the obligations of each party are embodied in the form of an agreement between them and mutual rights and obligations are specified in these agreements with the establishment of property liability for their failure to fulfill them. In other words, the meaning of the contract lies in the fact that it is a means of stimulating the fulfillment of obligations.

The term "contract" in the legal literature denotes a legal fact, with which legal norms associate the emergence of legal relations between business entities. (Vabishchevich 2007, p. 79)

In the science of civil law, there is an understanding of the contract not only as a legal fact, but also as a contractual obligation or civil legal relationship arising on the basis of the relevant contract. It should be noted that the concept of "contract" is not identical to the concept of "obligation". The contract is only one of the grounds for the emergence of obligations that arise from other legal facts (Article 7 of the Civil Code). The general provisions on obligations shall apply to obligations arising from a contract, unless otherwise provided by the general rules on contracts and the rules on certain types of contracts.

The term "agreement" also refers to a document fixing the agreement of the parties. As a document, the contract consists of a set of clauses and other details.

The general concept of the contract is enshrined in paragraph 1 of Art. 390 of the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code), which states that an agreement is an agreement between two or more persons aimed at establishing, changing or terminating civil rights and obligations.

the subject composition of the economic contract, i.e. parties or one of them are commercial organizations in various organizational and legal forms, non-profit organizations engaged in entrepreneurial activities within the rights granted to them by law and constituent documents, individual entrepreneurs. Consequently, the same contract can be economic (if both parties to the contract are entrepreneurs), civil law (if both parties to the contract are not entrepreneurs), economic for one party - the entrepreneur and civil (domestic) for the other party, not being an entrepreneur (Vabishchevich 2002, p. 176). In the latter case, the rules of economic legislation apply to the entrepreneur, and the rules of civil law apply to the non-entrepreneur.

the business contract is planned, as business entities plan their activities, and the plans have been preserved in the form of orders for state needs (Reutskaya, p. 135);

a business contract is always aimed at achieving the main economic goal - making a profit, since the goal of entrepreneurial activity is a systematic profit. The indicated sign of economic contracts implies the reimbursable nature of the relations mediated by them for the transfer of material and intangible benefits. Any contract in accordance with paragraph 3 of Art. 393 of the Civil Code is supposed to be compensated, unless otherwise follows from the legislation, the content or the essence of the contract.

A business contract should be understood as an agreement of the parties (business entities) aimed at establishing, changing or terminating economic legal relations regulating relations in the field of logistics, wholesale trade, capital construction, transportation of goods, rent, storage, franchising, lending and others. areas related to the implementation of entrepreneurship and not related to the goals of personal, family, home or other similar use [Fursa].

1.2 Functions of a business contract

The direction of the influence of a civil law contract on the relations regulated by it is manifested through its functions. They are usually divided into general and special.

Common features include:

essence special functions manifests itself in specific types (types) of contracts (for example, in a business contract for a construction contract), i.e. what kind of contract it is, what type it is and what its specific purpose is. Thus, the contract is one of the types of legal facts expressing the agreed will of the parties, aimed at goals that do not contradict the legislation of the Republic of Belarus. The scope of its application is currently extremely diverse, and as we move towards market economy, the development of the service sector, entrepreneurial activity, it is further expanding.

According to the candidate of legal sciences, associate professor Vabishchevich S.S. The functions of a business contract include the following:

The contract acts as a means of expressing the common will of the commodity producer and consumer, which determines the correct accounting of supply and demand and serves as a guarantee for the sale of products,

The contract is the most convenient legal means that fixes the relations that develop in the process of doing business on the basis of the principle of mutual interest of the parties to these relations,

The contract gives these relations the form of obligations and determines the procedure and methods for their implementation,

The agreement provides for ways to protect the subjective rights and legitimate interests of the participants in these relations in the event of non-fulfillment or improper fulfillment of obligations by their counterparties [Vabishchevich 2003, p. 205].

2. SYSTEM OF BUSINESS AGREEMENTS

The system of business contracts is constantly evolving, which is due to the development of business relations themselves. New types of contracts are fixed in the legislation (a contract for the sale of an enterprise, a contract for the assignment of a claim (a factoring contract)), previously fixed contracts become independent types (a contract for the provision of paid services). To identify and use in entrepreneurial activity one or another type of business contract, its most optimal conditions, is carried out on the basis of various criteria, depending on the goals pursued, the classification of business contracts.

The division of contracts into separate types is carried out according to certain signs of differentiation, indicating certain features of the contract, i.e. criteria for such a division can be very different. Delimiting them from each other helps to navigate the whole mass of various contracts, and therefore, contributes to the identification and study of the most acceptable and significant for the participants in civil circulation.

Based on the subject of business contracts, three groups are distinguished. Within the framework of these groups, separate types of contracts are distinguished, corresponding to the names of the chapters of the Civil Code.

1. Contracts aimed at the transfer of property. There are the following types of these contracts:

contract of sale,

lease contract,

barter agreement,

supply,

contracting,

power supply.

2. Contracts aimed at performance of work. Types:

work agreement,

contract for the performance of research, development and technological work.

3. Service contracts. Types:

contract of carriage,

transport expedition contract,

contract for the provision of services,

storage agreement,

assignment agreement,

Commission agreement, etc.

Within the limits of the type, types of contracts are distinguished, that is, contracts that, along with the features common to the whole type, have specific features. Features may relate to the subject composition of the contract, its subject matter, content and other points. The Civil Code provides for the division into types of the following types of contracts - sale, rent and life maintenance with a dependent, lease, contract, loan and credit, storage. Certain types contracts within the relevant type are retail sale, supply of goods, contracting, energy supply, sale of real estate, rental, lease Vehicle, lease of buildings and structures, lease of an enterprise, leasing, household contract, construction contract, contract for design and survey work, etc.

Some authors also distinguish a fourth group of business contracts: contracts for joint activities(Reutskaya, p. 136), which includes the constituent agreement, agreements on scientific and technical cooperation

1) agreements on the paid sale of property (purchase and sale (except for retail), supply, contracting, energy supply, etc.);

2) agreements on the transfer of property for temporary use (rent, leasing, etc.);

3) contracts for the performance of work (construction contract, design contract, etc.);

4) agreements for the transfer of the results of intellectual activity (licensing agreements, franchising, etc.);

5) contracts for the provision of services (transportation, storage, commission, etc.);

6) agreements on joint activities (constituent agreement, on scientific and technical cooperation, etc.).

This attempt to classify business contracts is more successful, since previously enough criteria were combined according to one criterion. a large number of types of business contracts. This was done despite the fact that the features of numerous contractual species are so diverse that grouping them into separate groups on a single basis causes serious practical difficulties and, at the same time, was not productive enough, since the varieties grouped in this way turned out to have little in common and too much individual, specific.

Since business contracts are a type of civil law contracts, and those in turn - a variety of transactions, they are subject to the classification of transactions.

1. According to the ratio of rights and obligations between the participants:

- unilateral Contracts where one party only has rights and the other party only has obligations. For example, a loan agreement, at the conclusion of which one party has the right to demand the timely return of funds transferred under the agreement Money, and the second party has an obligation to return them in a timely manner.

- mutual (bilateral or synagmatic)- contracts, at the conclusion of which each of the parties has both rights and obligations (purchase and sale agreement, upon the conclusion of which the buyer simultaneously acquires the right to demand the transfer of the acquired thing and the obligation to pay the purchase price, and the seller acquires the right to demand payment the purchase price and the obligation to hand over the thing). Most of the contracts concluded by business entities are mutual.

In civil circulation, there are also multilateral agreements concluded by more than two parties. The latter may include agreements on joint activities (simple partnership, memorandum of association). General provisions on the treaty apply to multilateral treaties, unless this contradicts the multilateral nature of such treaties.

2. Depending on the moment when the contract is considered to be completed:

- consensual- contracts that are considered concluded after the parties have reached an agreement on all its essential terms and made it in the form prescribed by legal norms. For example, a loan agreement, which is considered to have entered into force upon agreement of all essential conditions contracts. In most cases, consensual agreements apply.

- real- agreements that are considered concluded from the moment of transfer of money or other property provided for by the terms of the agreement (loan agreement, which is considered concluded from the moment the lender transfers to the borrower the amount of money or other things stipulated in the agreement).

3. If possible, receive consideration:

- compensated- an agreement under which the obligation of one party to transfer property, perform work, provide a service corresponds to the obligation of the other party to pay for what was received under the agreement (supply agreement, work contract, etc.)

- gratuitous- an agreement under which one party provides the other party with material benefits, performs work, provides services without receiving any visible compensation for this, both in material terms and in the form of rendering services or providing non-property benefits. For example, a loan agreement, a donation agreement.

Some contracts can be both paid and non-paid. For example, an agency agreement can be paid, if the attorney receives remuneration for the services rendered, and free of charge, if such remuneration is not paid (Article 862 of the Civil Code)

4. According to the degree of certainty that the parties to the agreement will achieve the desired result:

- ordinary- contracts, at the conclusion of which the parties know for sure that the performance under the contract will come, and know when (consensual contract), or such performance occurs at the time the contract enters into force (real contract). As a general rule, business entities conclude ordinary contracts with each other, since in the course of business activities precise definition the moment of fulfillment of contractual obligations is essential.

- conditional - contracts concluded under a resolutive or suspensive condition. A distinctive feature of conditional contracts is that the parties who signed the contract make the emergence or termination of rights and obligations under the contract dependent on some condition, in respect of which it is not known whether it will come or not. When concluding a contract under a suspensive condition, the rights and obligations of the parties at the time of signing the contract do not arise until the conditions specified in the contract occur. When concluding a contract under a resolutive condition, the rights and obligations of its parties arise at the time of signing the contract and terminate in the event of the occurrence of the condition specified in the contract. Due to the uncertainty of the desired legal result, the use of conditional contracts in business activities is limited.

5. According to the presence in the agreement of the terms agreed by the parties for its entry into force and expiration:

- urgent - contracts that specify either the term for the entry into force of the contract, or the term for the expiration of its validity, or both of these terms at the same time. The term from which the contract enters into force is called suspensive, since the moment of the emergence of rights and obligations under the contract does not occur immediately after the signing of the contract, but from the date specified in the contract, i.e. postponed. The expiration date of the contract is called revocable, i.e. cancels the contract from the date specified in it. If the contract specifies the term for its entry into force and does not specify the term for its expiration, then the specified contract will be considered a fixed-term contract concluded for an indefinite period.

- perpetual- contracts that do not specify the period of entry into force and the period of termination. The specified contracts come into force immediately after the agreement of all essential conditions, if the contract is consensual, or from the moment of transfer of the property specified in the contract, if the contract is real, and are valid until the parties decide to terminate it.

6. According to the method of negotiating contractual terms:

- mutually agreed- contracts, at the conclusion of which both subjects took part in the development and harmonization of its terms. In this case, the principle of legal equality of participants in economic legal relations is manifested. Most business contracts are mutually agreed upon and are concluded by the parties on voluntarily agreed terms.

- accession agreement- an agreement, the terms of which are determined by one of the subjects of law in formularies or other standard forms and could be accepted by the other party only by joining the proposed agreement as a whole. When concluding such an agreement, the interested subject is forced to fully accept the conditions offered to him and is deprived of the opportunity to supplement or change them. In the event that the terms of the accession agreement do not suit the acceding subject, he has the right not to conclude this agreement.

7. Taking into account the significance of the agreement for determining the circle of full participants:

- main (final)- contracts that directly give rise to the rights and obligations of its parties related to the transfer of property, the performance of work, the provision of services. It should be noted that in the process of doing business, business entities in most cases conclude basic contracts

- preliminary- agreements under which the parties undertake to conclude an agreement (main agreement) in the future on the terms stipulated by the preliminary agreement (clause 1 of article 399 of the Civil Code). The preliminary contract must contain all the essential terms of the main contract. If the party that entered into the preliminary contract evades the conclusion of the main contract, the other party has the right to apply to the court for compulsion to conclude the contract on the terms determined by the preliminary contract, as well as to demand compensation for losses caused by the delay in concluding the contract.

Preliminary agreements should be distinguished from agreements of intent, which fix only the desire of the parties to enter into contractual relations in the future, but do not give rise to legal consequences for the parties.

8. On the basis of the conclusion, there are:

- free - contracts concluded at the discretion of the parties, i.e. citizens and legal entities are free in the very conclusion of the contract, in the choice of their counterparties, in determining the subject and other conditions of the contract, rights and obligations under the contract. Coercion to conclude an agreement is allowed only in cases where the obligation to conclude an agreement is provided for by law. (part 1 of article 391 of the Civil Code).

-obligatory- contracts, the conclusion of which is conditioned by the legislation or the conditions of their participation, for example, in tenders. Mandatory should include a public contract, which is a contract concluded commercial organization and establishing its obligations to sell goods, perform work or provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who applied to it (Article 396 of the Civil Code of the Republic of Belarus). For example, a contract for the carriage of goods or passengers, retail trade, transportation by public transport, communication services, a contract for the storage of things in storage rooms, etc. (Reutskaya, p. 137).

Also, according to Art. 11 of the Law of the Republic of Belarus dated November 24, 1993 No. 2588-XII, as amended. and additional "On the Supply of Goods for State Needs" monopolist enterprises are not entitled to unreasonably refuse to conclude state contracts for the supply of goods for state needs. Thus, when deliveries for state needs, the conclusion of an agreement is mandatory for monopoly enterprises.

Also, the conclusion of an agreement is obligatory in the following cases: the conclusion of the main agreement provided for by the preliminary agreement, the conclusion of an agreement with the person who won the auction, in other cases provided for by law. (plenum of the Supreme Court of the XC)

9. Depending on the entity that acquires the right under the contract:

- agreement in favor of the creditor- This is a typical civil law contract, which is based on taking into account the interests of the participants in the future obligation.

- contract in favor of a third party- an agreement in which the parties have established that the debtor is obliged to perform performance not to the creditor, but to a third party specified or not specified in the contract, who has the right to demand from the debtor the performance of the obligation in his favor (clause 1 of article 400 of the Civil Code). For example, such is a life insurance contract and some other civil law contracts.

10. There is also a division of contracts into exchange and risk (aleatory).

Both exchange and risk contracts are paid. The difference between them is as follows. An exchange contract takes place when the amount of mutual provision is determined by the parties directly at the conclusion of the contract and does not depend on any event or circumstance (for example, the sale and purchase of a residential building for a certain amount, renting a building for an appropriate fee, etc.).

The contract will be risky if the amount of consideration or the possibility of receiving it at all is determined by some event (circumstance). A typical example of risky contracts is the holding of games and bets based on risk (Articles 931, 932 of the Civil Code), in which, depending on the occurrence or non-occurrence of the established circumstance, one party wins and the other loses. A property or life insurance contract is also risky, when the payment of insurance compensation (collateral) and its amount depend on certain circumstances. Risk contracts can be considered a type of conditional transactions (Article 158 of the Civil Code), since the emergence of rights and obligations of the parties is made dependent on a circumstance regarding which it is not known whether it will occur or not. Accordingly, the rules of paragraph 3 of Art. 158 of the Civil Code on the consequences of unfair obstruction or unfair assistance to the occurrence of a condition (circumstance). (Martynenko I.E.).

11. Citizens and legal entities may enter into contracts both provided and not provided for by the current legislation. The former are referred to in the literature as nominal (named), the latter - unnamed (unnamed) contracts (Martynenko I.E.).

12. The parties are also entitled to conclude an agreement that contains elements of various agreements provided for by regulatory enactments.

Such contracts are called mixed contracts. To the relations of the parties under a mixed contract, the rules on contracts, the elements of which are contained in the mixed contract, are applied in the relevant part, unless otherwise follows from the agreement of the parties or the essence of the mixed contract.

The terms of the contract are determined at the discretion of the parties in the manner and within the limits provided for by law (Article 392 of the Civil Code). In cases where the terms of the contract are provided for by a norm that is applied in so far as the agreement of the parties does not establish otherwise (dispositive norm), the parties may, by their agreement, establish a condition different from that provided for in it, if this does not contradict the law. In the absence of such an agreement, the terms of the contract are determined by a dispositive norm.

The form of the contract is important in the relationship between the parties. She obeys general rules on the form of transactions, a variety of which is a contract, and special rules on the form of a contract.

An agreement may be concluded in any form provided for transactions, unless a specific form is established by law for agreements of this type. In cases where the parties have agreed to conclude a contract in a certain form, it is considered concluded after giving it the established form, even if such a form is not required by law for contracts of this type.

For many contracts, the law determines the mandatory form of their execution - a simple written or notarial one (Articles 162 and 164 of the Civil Code). At the same time, the parties are not deprived of the right to choose. They have the right to express the permitted oral transaction in a simple written form, and replace the simple written form of the transaction required by law with a notarial one. For example, a contract of donation of movable property containing a promise of donation in the future can be notarized, although this is not required by law (paragraph 2 of article 545 of the Civil Code). Bodies performing notarial acts are required to certify such transactions. However, the parties to the contract cannot replace the written form of the contract prescribed by law with the oral one, and the notarial form with a simple written one.

The form of the contract is inseparable from the method of its conclusion, that is, certain actions through which the agreed will of the parties is achieved. As a rule, the method of concluding a contract is chosen by the parties themselves.

In writing, the most common form of registration contractual relations is the drawing up of one document signed by the parties. Its essence lies in the signing by the parties of one document expressing their mutual will. Having received a draft agreement drawn up by one party, the other party signs it and returns one copy to the originator of the agreement. Drawing up and signing of one document can also be carried out jointly by representatives of both parties.

Written execution of contractual relations through the exchange of documents by postal, telegraph, teletype, electronic or other communication is not so widespread. In this case, the party that received the letter, telegram, teletype, fax, etc., signed by the other party, responds to them in the same way.

The performance in response to a written proposal to conclude a contract of actions by the other party to fulfill the terms of the contract proposed to it (clause 3 of article 404 of the Civil Code) is equated to the written form of the contract.

commercial business contract

The contract, as a legal act, has its own content, through which its essence, the goals of the conclusion, and the specific tasks to be solved are manifested.

1. Essential, i.e. those conditions in the absence of which the contract is considered not concluded. These include:

Conditions on the subject of the contract - the name of the goods, works, services and other quantitative and quality characteristics, allowing to specify the subject,

Conditions that are named as essential in the legislation for contracts given - the price of the goods, the purpose of the acquisition, the timing of performance, the amount of property,

Conditions that are defined as essential by the parties themselves at the conclusion of the contract or at the request of one of the parties, and at the same time an agreement has been reached between the parties;

Conditions that follow from the essence of the contract of this type

The legal significance of the essential conditions lies in the fact that the law connects the very conclusion of the contract with their presence. In the absence of at least one of the essential conditions, the contract is considered not concluded.

2. Ordinary - the terms of the contract established by legal norms, which do not require their agreement by the parties and automatically come into effect from the moment the contract is concluded. Such conditions are not subject to separate agreement by the parties, since the subordination of the contract to these conditions is confirmed by the very fact of its conclusion. Their absence in the contract does not affect the decision whether the contract is concluded or not. For example, the obligation of the debtor to compensate for the damages caused. Conditions on the price and term of performance of the contract should be included among the usual ones, if they are not named in the legislation as essential in relation to certain contracts and neither of the parties has declared the need to reach an agreement on these conditions.

3. Random - conditions that are included in the contract by agreement of the parties, since one of them required this in order to regulate the relations of the parties on this condition otherwise than provided by the dispositive norm of the legislation. Unlike essential ones, the absence of random conditions in the contract does not affect its recognition as concluded. However, random conditions may acquire the character of significant if they were followed by a proposal from one of the parties to be included in the contract.

Some contracts contain all three groups of conditions, others - only two groups. But any contract must contain all the essential terms of a given type or type of contract. In the absence of at least one of the essential conditions in the contract, the agreement of the parties does not give rise to a contractual legal relationship.

CONCLUSION

The agreement concluded by business entities is of great importance, as it is the main regulator of the relationship between equal business entities in the conditions of market relations.

The contract is the main regulator of the behavior of counterparties. Regulations create the legal basis for entrepreneurial activity. The agreement also establishes a specific legal regime for economic relations between partners. It determines the procedure and conditions for the fulfillment of contractual obligations, the forms of interaction between the parties, control over the fulfillment of obligations, and takes into account the specific features of specific relationships between the parties. The contract also performs the function of evaluating the results of entrepreneurial activity.

The contract has become the main legal form of organization economic relations between peers. It acts as a planning tool. On the basis of the concluded contracts, manufacturing program enterprises, an investment program is being developed.

REFERENCES

1. Vabishchevich, S.S. Economic law (legal regulation of entrepreneurial activity): textbook / S.S. Vabishchevich, I.A. Mankovsky. - Minsk: Youth, 2007. - 366 p.

2. Vabishchevich, S.S. Entrepreneurial (economic) law of the Republic of Belarus: textbook / S.S. Vabishchevich. - Minsk: Youth, 2002. - 398 p.

3. Civil Code of the Republic of Belarus: adopted by the House of Representatives on October 28, 1998: approved. Council of the Republic November 19, 1998.: the text of the Code as of March 10, 2008// Expert: Belarus [Electron. resource] / ODO "ExpertCenter", Nat. register of legal information of the Republic of Belarus. - Minsk, 2008

4. On the supply of goods for state needs: Law of the Republic of Belarus, November 24, 1993, No. 2588-XII: as amended. Law of the Republic of Belarus dated July 20, 2006 No. 162-З// Expert: Belarus [Electron. resource] / ODO "ExpertCenter", Nat. register of legal information of the Republic of Belarus. - Minsk, 2008

5. About the application of the norms Civil Code of the Republic of Belarus regulating the conclusion, amendment and termination of contracts: Resolution of the Plenum of the Supreme Economic Court of the Republic of Belarus, December 16, 1999, N 16: as amended by the Resolution of the Plenum of the Supreme Economic Court of the Republic of Belarus, April 6, 2005, No. 7// Expert : Belarus [Elec. resource] / ODO "ExpertCenter", Nat. register of legal information of the Republic of Belarus. - Minsk, 2008

6. Kruglova, N.Yu. Economic law: textbook / N.Yu. Kruglova. - Moscow: Russian Business Literature, 1998. - 608 p.

7. Martynenko I.E. Civil law contract / I.E. Martynenko / / Journal "Industrial and Trade Law" [Electronic. resource].- 1999. - № 7.- Access mode: http://pravo2000.by.ru/baza35/d34040.htm. -Date of access: 04/10/2008.

8. Reutskaya, E.A. Economic law: intensive course. prepared / E.A. Reutskaya. - Minsk: TetraSystems, 2007. - 352 p.

9. Fursa P.A. Business contracts: concept, features and classification / P.A. Fursa// [Electronic. resource]. - Access mode: http://www.miu.by/temp/Pravo_Facult/fursa.htm. - Access date: 04/10/2008

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