FAMILY ENTERPRISE: APPROACHES TO FORMALIZATION

Abstract

Actual problems of legal regulation of family entrepreneurship, arising at the junction of family and civil, family and business law, actualize the legislative agenda in this area. Legalizing family entrepreneurship can be carried out both along the way of giving it a unique legal personality form and creating a special legal regime for carrying out entrepreneurial activities by family members. The article analyzes both methods of formalizing business relations with the participation of family members. In the first case, in a historical retrospective, the experience of regulating family enterprises according to the law of the RSFSR dated 25.12.1990 N 445-1 "On enterprises and entrepreneurial activity," peasant (farmer) households, the foreign experience is considered. In the context of the legal regime of a family business, the draft law "On Amendments to the Federal Law" On the Development of Small and Medium-Sized Businesses in the Russian Federation "in terms of consolidating the concept of" family business "was analyzed.