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As mentioned above, an important element of the physical capacity of personality are the business activities - an opportunity to engage in business (commercial) activities.

Entrepreneurship - is a direct independent, systematic activity that is in production, works, services for profit, carried out at your own risk individuals and legal entities registered as business entities and aimed at the systematic profits.

The basis of this provision is Article 42 Constitution establishes the general rule that everyone has the right to engage in business activities not prohibited by law. However, it should be borne in mind that the constitutional rights to engage in business as a fixed element of standing, that is, as a general abstract possibility. In order to realize it, a person must have a business activity.

Conditions for the existence of business activity determines article 50 of the Civil Code, which establishes that the right to exercise is not prohibited by the law business is a natural person with full civil capacity. Hence, independently engaged in entrepreneurial activities can not every individual, but only that which has reached 18 years of age (majority) and not limited in capacity.

Natural persons who wish to do business and have reached 16 years, you must first obtain written consent to register as an entrepreneur from the parents (adoptive parents), guardian or guardianship authority. With the consent of such person may be registered as an entrepreneur. In this case, it acquires the full civil capacity of the state of his registration as an entrepreneur.

In addition, in other cases the provision of full legal capacity (emancipation) to persons under 18 years of age, they acquire it in this volume. So, if in accordance with Part 2 of Article 34 of the Civil Code a person has entered into marriage before age 18, she recognizes the full capacity and were able to engage in entrepreneurial activity.

In st.st.35, 50 CC no mention of the importance of membership in the production cooperatives for the purchase of business activity. However, obviously, such membership is a person who has attained the age of 16, similar to an employment contract may be grounds for granting full civil capacity.

Some categories of citizens are limited to business activities. For example, a limited right to engage in business activities of deputies, officials and officers of public authorities and local authorities, etc.

Availability of business activity as such is not sufficient to get the status of entrepreneur. A prerequisite for doing business is state registration of an individual as an entrepreneur, which is held the justice system.

Grounds of refusal to register may be incapable person expressed the intention to engage in activities prohibited by law, etc. Denial of state registration, as well as the delay in registration may be appealed in court.

An individual who engages in business, loses that right from the moment of termination of state registration, its cancellation, etc.

An individual may engage in such activities as Legal Services and Legal Advice only after obtaining permission, he highest legal institutions in Ukraine.

If an individual is the beginning of business activity without state registration, an appropriate agreement, this person has no right to challenge them on the grounds that it is not an entrepreneur. Court in a dispute may apply to these contracts rules on obligations related to business activities.


Hence a number of conclusions

First, the legal personality of the individual entrepreneur is practically equivalent to legal entities - commercial organizations.

Secondly, to the business of a natural person, the rules of general civil (GC) and special (GC) legislation. However, the latter situation can not be applied to cases of entrepreneurial activity, sufficiently and specifically regulated by GC. For example, the rules of sale and other agreements are fairly presented in gl.54 CC, and therefore the corresponding obligations of entrepreneurs may be regulated by GC in the part which is not regulated by rules of the Civil Code.

Third, the regulations governing business entities do not apply in cases where it stems from the essence of relations. For example, do not apply the rules of civil capacity of legal entity (st.92), branches and representative offices (st.95 GC), etc.

 

 
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