Subjects and objects of commercial activity - Studiopedia.

business processes related to the product, which acts as the main subject of sale. In all the variety of objects of commerce, goods play a dominant role.

Product concept

The concept of "goods" is multifaceted. It includes:

functional purpose;
the aesthetics of the product itself and its packaging;
safety in use, harmlessness.

Perfect only that product, which is characterized by all the signs and indicators of high quality.

Product- a product of activity (including works, services) intended for sale or exchange.

Deal object(goods) must, first of all, due to its properties, arouse the interest of the buyer and ultimately satisfy certain needs, i.e. possess .

In addition, most products (with a few exceptions such as land plot, reservoir, etc.) are products of labor, their sellers are either the producers themselves or intermediaries who, as a result of the transaction, turn their potential income into real.

A commodity can be a product of both physical and mental labor, the result of a service, the very ability to work, land and its subsoil - everything that has use value and value and can be exchanged for another commodity (money) by the owner of this use value.

In a narrow sense subcommodity is understood product of labor produced for sale in order to exchange for other products of labor or money in the market.

Product - it is everything that can and is offered to the market for the purpose of acquisition, use or consumption.

Types of goods

All products can be divided into two large groups:

tangible (physical goods);
intangible (intangible) - various consultations.

The types of goods are schematically shown in fig. 3.1.

Goods in immaterial (intangible, intangible) form quite varied and very specific. Among them stand out: cash and non-cash money, currency and securities, information, rights, services.

Rice. 3.1. Types of goods

Cash And non-cash money, and (shares, bonds, bills, government treasury bills) that are the object of transactions in financial business. main feature of these goods lies in the exposure to a rapid change in the exchange rate depending on many conditions (both related and not related to the activities of the entrepreneur).

Information (information about something) which often becomes the most sought-after and expensive product, evaluated depending on its content, novelty, reliability and timeliness. The entrepreneur is faced with primary and secondary information. He extracts the primary one himself as a result of any research, uses it and can act as a seller; receives the secondary from other persons and organizations (research, analytical, statistical, etc.) on a paid basis.

Information acts as a specific commodity. This specificity is determined by the indivisibility of information and its relativity (it does not always bring profit to its owner). When transferring information, its owner does not lose the right of ownership. Only reliable, complete and up-to-date information is economically efficient.

Thus, as a product, information has a number of specific properties:

in the process of consumption, it is not destroyed and has the possibility of repeated consumption by many users. In the process of transfer to the consumer, it is not lost on the day of the producer;
the manufacturer does not know the consumer in advance;
an unambiguous valuation of the amount of information produced is impossible;
uncertainty and subjectivity of usefulness of information;
special mechanism of information aging. It does not wear out, but over time (except in special cases) its usefulness decreases. Therefore, its relevance is important;
information is characterized by reliability, reliability and availability.

At the same time, its availability is different for different economic agents, i.e. these agents have incomplete, limited information. “Information is the more valuable, the smaller the number of its owners.”

Services of various kinds - any activity or benefit that is provided by one party (supplier) to another party (customer). Utility makes the service a commodity, i.e. goods.

The production of services may or may not be associated with the commodity in its material form.

material goods- goods having a material form:

solid materials - steel, wood, coal;
liquid materials - varnish, oil, gasoline;
gaseous materials - hydrogen, carbon dioxide, helium.

Product characteristics

A product as an object of commercial activity has four fundamental characteristics:

assortment;
quality;
quantitative;
cost.

The first three characteristics satisfy the real ones (physiological, social, psychological, etc.). Thanks to these characteristics, the product acquires utility for certain consumer groups and becomes a commodity.

The main components of the product are:

a set of physical and consumer properties;
related products (laces, floppy disks);
brand name (trade mark);
quality packaging;
accompanying services;
guarantees.

A commodity has two fundamental properties—use value and value.

Rice. 3.2. Product components

Use value - this is the ability of a product to satisfy any human need, i.e. be a social good.

A distinctive feature of use value is that it acts as a carrier of exchange value, i.e. the ability of a commodity to be exchanged in a certain proportion for other commodities. Exchange value is a form of value, outward manifestation all in the act of exchange.

The seller and the buyer have different interests in the market. For the buyer, the value of a product lies in its usefulness. The seller, on the other hand, seeks to obtain the maximum benefit in the form of income when selling the goods. Commercial activity must ensure the connection of these interests, i.e. in the process of buying and selling goods, the losses and gains of the seller and the buyer must be averaged.

A set of goods formed according to certain characteristics and satisfying a variety of individual needs is range. The diversity of the range of goods is subject to classification, which includes division into groups, subgroups, types and varieties.

Goods classification

Among all the signs of classification, the main sign is the appointment.

By appointment goods are divided into categories:

goods of individual (final) consumption (consumer). These goods are purchased to meet their personal needs, family or household consumption;
goods of intermediate consumption;
goods for industrial (production) purposes - goods intended for the production of other goods, for economic activity enterprises. They create its raw material and technological support.

Consumer goods, taking into account the nature of consumption (from the degree of durability):

durable goods, i.e. used for a long time (cars, refrigerators, Cell Phones, furniture, TVs);
non-durable goods, i.e. those that are consumed immediately (bread, cigarettes, drinks) or in several doses (soap, toothpaste, washing powders):
disposable goods - consumed once;
- the object of sale in the form of actions, benefits or satisfaction.

Types of goods by raw sign(depending on the raw materials from which they are made):

food (fish, dairy, grocery);
non-food (knitwear, shoes, household goods, haberdashery).

This grouping is then detailed. This classification is necessary in order to be able to provide the necessary conditions storage of goods, their sale and operation. Sometimes a raw sign serves as a characteristic of the quality and safety of the goods (Chinese toys).

By production feature The goods are considered in terms of the complexity of manufacturing and operation:

complex technical (special knowledge is needed for implementation and operation - TV, split systems);
not complex technical (electric iron, kettle) - no preparation is needed for sale and operation.

Depending on the modes and periods of storage:

perishable;
long-term storage (non-perishable).

During transportation, storage and sale of perishable goods, special conditions of temperature and humidity are provided. In addition, there are products:

hygroscopic (salt, sugar);
with a high water content (meat, fish).

Such goods are stored separately from each other and sold at different points (distance not less than 10 m).

Types of goods by frequency of demand and stability:

consumer goods (mass) - these are the goods most often bought by consumers (foodstuffs, household goods) with minimal effort to compare them with each other due to established habits and preferences. Commercial operations for these goods are carried out on an ongoing basis under long-term contracts;
goods of periodic demand - when the demand of the population is formed in the absence of goods in consumption (light bulbs);
goods preselection- usually durable goods, when it becomes necessary to replace the goods (electrical goods, furniture). Buyers in the selection process compare products with each other in terms of quality, price, external design. Commercial transactions for these goods are carried out under long-term contracts with prepayment and with unstable frequency;
goods of rare demand (selective or special demand) - products from precious metals, antiques, electronic equipment, furs). Such products are practically not compared, since they are characterized by special unique properties. For the sake of acquiring such goods, some buyers are ready to spend additional efforts.

seasonal goods - clothes, shoes, Sports Equipment. Commercial operations for these goods are also carried out seasonally.

Types of goods by interchangeability:

interchangeable, having the same purpose and suitable for use or consumption of one product instead of another (ice cream, soft drinks). They can be either one product group (TVs, refrigerators) or different (cereals and vegetables). In the absence of one product, the buyer is offered substitute types of goods;
compatible - goods, the simultaneous storage, consumption or use of which does not cause undesirable interactions (tea and cake, fish and vegetables), are incompatible, for example. tea and coffee, fish and dairy products;
complementary - goods, the use of one of which requires the simultaneous use of another product (toothbrush and paste, shoes and laces, computer and software, cars and tires).

Types of goods by nature of reuse goods:

recyclable, i.e. recyclable after use;
not utilized - are subject to destruction, burial.

Types of goods according to the nature of the interaction:

substitute goods that satisfy the same need, but differ in composition;
twin products that satisfy one need;
derivative goods - similar on the basis of the main predecessor, more effectively satisfying needs.

Behavior is:

leading products (most often appear as new items);
goods-locomotives;
tactical goods (support or additional goods);
"Inviting" goods - attract buyers because they are cheap.

Goods can be subdivided according to the complexity of the purchase, when, in addition to one type of product, it is planned to purchase several more types of goods. For example, when purchasing a computer - monitor, keyboard, mouse, printer.

By stability, by consumer perception (identical, new, similar, differentiated), etc.

In accordance with the marked signs, a portfolio of orders of trade enterprises with supplier enterprises is formed.

For industrial or industrial goods, it is typical that the supplier is obliged to meet delivery dates. They are acquired by organizations (entrepreneurs) for use as fixed or working capital.

Goods industrial use are divided into:

capital property - stationary structures, equipment (for trade organizations - cars, commercial equipment, stationary structures; for industrial - machine tools, equipment);
materials and parts (raw materials, semi-finished products and parts);
auxiliary materials and services (not present in the finished product, but providing the production process - power cord, stabilizer).

These goods are usually purchased after a preliminary technical and economic assessment (especially capital property) in relatively large lots (primarily raw materials and materials) by specially trained people.

For the convenience of finding the right products in conditions of market saturation and expanding the range, their nomenclature was developed and an international Harmonized Commodity Description and Coding System (HS), which is used in 50 countries.

A distinctive feature of this system (as opposed to classification) is that the HS provides for six coding bits goods: sections (there are 21), groups (there are 96), subgroups (there are 33), commodity items (there are 1241), subitems (there are 3558) and subitems (there are 5019).

To bring domestic goods to uniformity and competitiveness on the basis of information support was used system(there are about 50 of them in the world).

Content

Introduction

In a market economy, commodity-money relations are dominant. Therefore, almost every product of labor produced at enterprises is necessarily sold and bought, i.e. goes through the exchange phase. Sellers and buyers of goods conclude purchase and sale transactions, carry out sales and purchases of goods, provide intermediary and other services.
Commerce as a kind of human activity, most of us associate with trade. This is quite natural, since this term comes from the Latin commercium (trade). However, such an interpretation of commerce as a term is too narrow and clearly insufficient to clarify the concept and essence of commercial activity.
Commercial activity is a part of entrepreneurial activity in the commodity market and differs from it by and large only in that it does not cover the process of manufacturing a product or providing a service. In a broad sense, any organization that offers the products of the labor of its employees to the market, and, therefore, participates in the exchange process, can be classified as a sale entity. It is important to bear in mind that if a given entity assumes the receipt of income from the sale (marketing) of goods or the provision of services that exceed the cost of their creation, then its activity is usually classified as commercial. Similarly, an idea is formed about the activity of acquiring raw materials, materials and products for the production of goods and the provision of services.
The construction and development of the commercial activity of a trading enterprise depends on the provision of its various means: financial and commodity and material resources, material and technical base, investments, information systems and labor in the form of labor activity of employees.
The object of research is commercial activity.
The subject of the research is the legal characteristic of commercial activity.
The purpose of the work is to study the legal characteristics of commercial activity.
To achieve the goal, it is necessary to solve the following tasks:
- consider the concept of commercial activity;
- explore the concept and characteristics of subjects and objects of commercial activity;
- to characterize the organizational and legal norms of subjects of commercial activity.
Research methods are:
- analysis;
- study and generalization of scientific literature;
- comparison of the received data.
The structure of the control work is expressed in its content.
The following structure is defined for the disclosure of the set topic: the work consists of an introduction, three chapters, a conclusion and a list of references. The title of the chapters reflects their content.

1. The concept of commercial activity

Commercial activity is a type of entrepreneurial activity carried out independently and at their own risk by individuals and legal entities registered in the manner prescribed by law as an entrepreneur, aimed at systematically making a profit by selling goods, performing work or providing services in wholesale markets in order to promote goods from manufacturers to wholesalers.
In retail trade, the seller undertakes to transfer to the consumer goods intended for personal, home, family use, not related to entrepreneurial activity, therefore retail trade does not apply to commercial law (clause 1, article 491 and article 596 of the Civil Code of the Russian Federation). One of the features of retail trade is that the product finds the final consumer, after which the product leaves commodity circulation, and the product is already perceived as a thing. Retail trade is not classified as a commercial activity, but is classified as an entrepreneurial one, because there is a systematic profit-making by a special entity.
A sign of the loss of commodity properties by a thing when it is sold in a retail trade network is the main criterion for the impossibility of classifying retail sale and purchase as a type of commercial transactions. 1
Conclusion: economic relations for the production of goods and retail trade are not the object of commercial relations.
Commercial activity, as entrepreneurial, can be carried out in several ways:
1) By alienating and acquiring goods that are in trade;
These transactions must meet several criteria:

the subject of these transactions is a tradable commodity having individually defined properties;

the legal status of the seller and the buyer must satisfy the requirements for the validity of such a transaction.

The transaction must be aimed at the alienation of ownership of the goods.

On this basis, lease and trust management agreements cannot be classified as commercial agreements;
- compensation of the transaction.
According to this criterion, a gift or donation agreement is not a commercial transaction.
- performance of works directly related to the goods.
Logistics, technological work, loading work, marketing research, production and distribution of advertising.
- provision of services mediating and organizing commodity relations.
Transportation, storage, insurance, paid services (for example, warehouse security), commercial representation. 2
In the economic sense, commercial activity includes 3 areas:

sale of goods by industrial enterprises;

purchase of material and technical resources by enterprises;

commercial and intermediary activity.

The trade turnover does not begin with the act of buying a batch of goods, but with the sale by the manufacturer of the product produced by him.
The sale of the created product is the first necessary element promotion of goods to the end consumer. Selling comes before buying, not the other way around.
The product can be sold without the participation of intermediaries.
Commercial activities should include acts of purchase of goods by buyers. The largest group of buyers of goods - retail trade organizations.
Mandatory areas of trade turnover:

sales by manufacturers of their goods;

activities of wholesale trade and other intermediary links;

the actions of subjects to purchase goods and provide themselves with the necessary resources.

Only the totality of these sections constitute the content of trading activities and the subject of regulation of commercial law.
Commercial activity is always associated with the performance of operations to bring material resources from suppliers to consumers. These operations include:

for manufacturers - preparation of products for shipment, shipment, release and its documentation;

in the warehouses of intermediary and transport enterprises in the process of product movement - its acceptance, storage, formation of complete batches, shipment;

in the warehouses of consumer enterprises - acceptance of products in terms of quantity and quality, storage, bringing the purchased materials to a high degree of technological readiness for production consumption, issue and delivery of materials to workplaces. 3

In general, all these operations, depending on specific situation can be divided into two categories - marketing and supply. Sales operations and processes are related to the production and delivery of products. The production process ends with the sale of products. Supply operations are associated with the production consumption of material resources, obtaining material resources and providing them to enterprises in the production and non-production sectors.
So, commercial activity is an essential condition of the consumer market, the sphere of commercial entrepreneurship, where money is exchanged for goods and goods for money. It should be understood as the processes associated with the purchase and sale of goods, meeting customer demand, developing target markets for goods, minimizing distribution costs and making a profit. When purchasing and supplying goods, the market is studied, economic relations are established with suppliers, commercial operations are carried out aimed at commercial transactions, conclusion of contracts and commodity-money exchange. Commercial work must be accompanied by commercial actions and decisions based on the conditions of a specific external environment and market conditions. When performing commercial functions, one should be based on the economic laws of the market, financial policy and commercial law. 4
The objectives of commercial activity determine its content:
- establishment of economic and partnership relations with market entities;
- study and analysis of sources for the purchase of goods;
- coordination of the connection between production and consumption of goods oriented to the demand of buyers (range, volume and renewal of products);
- the implementation of the purchase and sale of goods, taking into account the market environment;
- expansion of existing and prospective development of target markets for goods;
- reduction of costs of circulation of goods.

2. Concept and characteristics of subjects and objects of commercial activity

A subject of commercial activity is a person registered in accordance with the procedure established by law, acting in trade on a professional basis, acquiring rights and obligations on its own behalf and bearing independent property liability for its obligations. The subjects of commercial activities are individuals engaged in entrepreneurial activities without education legal entity as well as legal entities.
He can be engaged in this activity from the moment of obtaining civil capacity, i.e. upon reaching the age of 18. The Civil Code of the Russian Federation establishes two exceptions: 1) a citizen acquires legal capacity in full from the moment of marriage; 2) emancipation - a minor who has reached the age of 16 can be declared fully capable if he works under an employment contract, including under a contract, or, with the consent of his parents, adoptive parents or guardian, is engaged in entrepreneurial activity (Article 27 of the Civil Code of the Russian Federation).
A citizen has the right to engage in entrepreneurial activities without forming a legal entity from the moment of state registration as an individual entrepreneur (Article 23 of the Civil Code of the Russian Federation).
A special type of commercial activity is the conduct of a peasant (farm) economy regulated by the Federal Law of June 11, 2003 “On a peasant (farm) economy” (FZ RF. 2003. No. 24. Art. 2249).
It is an association of citizens related by kinship and (or) property, having property in common ownership and jointly carrying out production and other economic activities (production, processing, storage, transportation and sale of agricultural products) based on their personal participation. It is considered created from the date of its state registration in the manner prescribed by law.
Non-profit organizations participate in trading activities to a limited extent. Non-profit organizations may engage in commercial activities if they serve the purposes for which the organizations were created and are consistent with these purposes. Such activities are recognized as profitable production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies, in limited partnerships as a contributor (clause 2 of article 24 of the Federal Law " About non-profit organizations).
Circle of subjects of commercial activity. It does not coincide with the general composition of subjects of civil law. The commercial and civil legal capacity of certain types of persons also turns out to be different. 5
The rules of the Civil Code of the Russian Federation, which regulate the activities of legal entities that are commercial organizations, are accordingly applied to the entrepreneurial activities of citizens carried out without forming a legal entity, unless otherwise follows from the law, other legal acts or the essence of the legal relationship, paragraph 3 of Art. 23 of the Civil Code of the Russian Federation.
Entrepreneurial and non-entrepreneurial organizations have the right to act as subjects of commercial law from the moment they are registered in the Unified State Register of Legal Entities (EGRLE).
Commercial organizations are formed mainly in the form of business partnerships and companies.
Civil Code of the Russian Federation Article 50 of the Civil Code of the Russian Federation establishes an exhaustive list of types (organizational and legal forms) of commercial organizations. Types (organizational and legal forms) of non-profit organizations are defined in the Civil Code of the Russian Federation, Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations” and other federal laws.
Commercial organizations, as well as individual entrepreneurs, can fully participate in the trade turnover.
Legal entities can create branches and open representative offices, which can significantly expand the opportunities for participation in the trade turnover, speed up and facilitate the promotion of goods to various parts of the country. Branches and representative offices are not legal entities, they are endowed with property by the legal entity that created them. Commercial and non-profit organizations can create associations in the form of associations, unions, etc. Associations are non-profit organizations and are supported by deductions (contributions) from their members. Associations are formed for the purpose of coordinating the activities of their members, for the implementation of joint programs, representation in legislative and executive authorities, and assistance in protecting the interests of members. 6
Assisting participants in solving economic problems, the unions and associations themselves are not entitled to engage in trade and other entrepreneurial activities. The exception is unions of consumer societies, which, along with entrepreneurial activities, can also perform control and administrative functions in relation to lower unions and consumer societies, art. 31 of the Law of the Russian Federation of July 19, 1992 N 3085-1 “On consumer cooperation (consumer societies, their unions) in the Russian Federation”. Along with domestic organizations, commercial organizations with foreign investments participate in the trade turnover. To create a commercial organization with foreign investments, it is necessary for a foreign investor to acquire at least 10% of a share (contribution) in the authorized (share) capital of a business partnership or company established in Russia. Organizations with foreign investments enjoy additional legal protection, guarantees and benefits provided by Federal Law No. 160-FZ of 09.07.99 “On Foreign Investments in the Russian Federation”.
Goods and services are the main objects of commercial activity in trade. The effectiveness of the commercial activities of trade organizations largely depends on how the set of goods and services offered to customers meets their needs. In the conditions of competition in the market, the correct choice of objects of commercial activity plays a special role.
Goods as an object of commercial activity. A commodity is a product of labor produced for sale. It can be any thing that is not limited in circulation, freely alienable and passing from the seller to the buyer under a contract of sale.
Depending on the purposes for which goods are purchased, they can be divided into two groups:
- Common consumption goods;
- industrial goods.
Consumer goods are intended for sale to the public for the purpose of personal, family, home use, that is, not related to business activities. 7
Goods for industrial purposes are intended for sale to various organizations or individual entrepreneurs in order to use them in economic activities. Such goods are, for example, technological equipment, road construction equipment, public transport vehicles, fuel and raw materials, etc.
All goods have consumer properties, i.e., the ability to satisfy certain needs of the consumer. The combination of consumer properties of a product determines its quality.
Since the quality of a product is a measure of its usefulness, one of the main tasks of trade is to provide consumers with precisely such goods. To this end, commercial services of trade organizations must constantly interact with manufacturers of purchased goods, influence them so that they improve and update their product range.
The content of commercial work with a particular product largely depends on how long ago it appeared on the market, how well it is known to the buyer, i.e. we are talking about the need to take into account the life cycle of the product.
The trading company, based on changes in the rate of sale and profit, determines at what stage life cycle the product is currently located, and takes various measures to help maintain demand for it (carries out promotions, lowers prices, etc.).
Trade services. The service is the result of direct interaction between the contractor and the consumer, as well as the contractor's own activities to meet the needs of the consumer. Services rendered to the population, according to their functional purpose, are divided into material and socio-cultural. 8
Material services satisfy the material and everyday needs of the consumer. They ensure the restoration, change or preservation of consumer properties of products or the manufacture of new products, as well as the movement of goods and people, the creation of conditions for consumption. Therefore, material services, in particular, include household services related to the repair and manufacture of products, catering services, and transport services.
Socio-cultural services satisfy the spiritual, intellectual needs and support the normal life of the consumer. With their help, spiritual and physical development, professional development, maintenance and restoration of the health of the individual are ensured. Socio-cultural services can include medical services, cultural services, tourism, education, etc.
The trade service is the result of the interaction between the seller and the buyer, as well as the seller's own activities to meet the needs of the buyer when buying and selling goods.
Trade services can be divided into two groups:
- wholesale trade services (provided by wholesale trade enterprises);
- retail trade services (provided in stores and other retail outlets).
The main service of trade is the sale of goods. However, in order to profitably sell goods, it is necessary to carry out a whole range of activities related to the purchase of goods, their storage, delivery to wholesale buyers, pre-sale preparation in retail trade, etc. In other words, it is the provision of various services that precede the sale of goods and related to it. , form the basis of the commercial activity of any trade enterprise.

3. Organizational and legal norms of business entities

A trading enterprise is currently understood as an independent business entity with the legal status of a legal entity or individual, whose activities are related to the purchase and sale of goods, as well as other activities not prohibited by law. A legal entity is an enterprise that has a charter, a bank account, a seal and has passed the state registration procedure. When registering, its company name is indicated, which does not give an idea of the nature of the enterprise's activities, but only certifies and protects its fame. The company designation is indicated in the trademark, signboard, contracts, letterheads, which determines the distinguishing feature of the trade enterprise. 9
With the transition to market economy private (personal, collective), state, municipal and other types of property appeared, which created the basis for the construction and functioning of various forms of commercial enterprises. Based on personal and collective ownership, individual, partnership and corporate forms of commercial enterprises have arisen, operating on a commercial basis.
An individual trading enterprise is an economic entity with the rights of a legal or natural person, created at the expense of the capital of only one owner or members of the same family. Such enterprises can operate in the following organizational and legal forms.
An individual enterprise is the personal property of one person who bears full responsibility for his activities. The use of hired labor in such enterprises is excluded.
A family business is based on family ownership and the use of the labor of members of the same family who live together. In this form of activity, the use of hired labor is also prohibited.
A private enterprise is personally owned by one owner and acting on his behalf. For its development, the right to hire labor is granted.
Individual trading enterprises can be created as a result of both the privatization of state or municipal enterprises, and the organization of new ones. The formation of the latter is largely determined by the availability of start-up capital for applicants for an individual enterprise.
Business partnerships and companies are commercial organizations with an authorized (share) capital divided into shares (contributions) of founders (participants). In commercial practice, these forms are divided into partnership and corporate enterprises.
A partner trading enterprise is an economic entity with the rights of a legal entity, formed to conduct joint commercial activities by several founders (participants) who have pooled their capital and act on the principles of partnership. Each of the partners is a representative of the enterprise and is liable for its obligations. Partner trading enterprises include the following organizational and legal forms: general partnership, limited partnership, limited and additional liability companies.
A general partnership is a partnership whose participants (general partners) act on its behalf. It acts as an independent subject of economic turnover. The entrepreneurial activity of the partnership is carried out and regulated on the basis of the founding agreement. By the time of registration of a full partnership, participants are required to make at least half of the due contribution to the share capital. The rest of the contribution is made within the terms stipulated by the memorandum of association. A participant in a general partnership has the right to transfer his share in the share capital to another participant. With the transfer by the participant of the share of the contribution, his participation in the partnership is terminated. The management powers of a general partnership are exercised by all participants. When performing these functions by one or more participants, the written consent of the other participants in the company is required. Profits and losses among the participants are distributed in proportion to their contributions.
A limited partnership (limited partnership), along with general partners liable for the obligations of the partnership with their property, includes one or more contributors, called limited partners. They bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of contributions made and do not take part in the activities of the partnership. A limited partnership operates on the basis of a memorandum of association. The status and responsibility of general partners are similar to those of participants in a general partnership. The management of the activities of the partnership is carried out only by participants with full responsibility. Limited partners are not entitled to participate in the management, conduct of business and act on behalf of the partnership. The resulting profit is distributed among the participants, including limited partners, in accordance with their contributions to the capital of the partnership. 10
A limited liability company is a company founded by two or more persons, the statutory fund of which is divided into shares determined by the founding agreement. Its participants are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the limits of the amounts invested by them. The current management of the company's activities is carried out by the executive body created on a collegiate or single-head basis. The executive body is accountable to the general meeting of the company's participants.
In a company with additional liability, the statutory fund is divided into shares between the participants, indicating the size in the memorandum of association. Its participants are jointly and severally liable for its debts in a multiple of the amount of their contributions. In case of bankruptcy of one of the participants, his liability for the obligations of the company is distributed among the other participants in proportion to their contributions. The management and management of an additional liability company is carried out on the same terms as a limited liability company.
etc.................

1 Subjects and objects of commercial activity………............………3

2 Merchandising: the essence and means of merchandising…………………5

3 The essence and content of the Law “On consumer cooperation (consumer societies, their unions) in the Russian Federation”…………………….….10

4 Ways (legitimate) to increase profits in trading……………...….13

References………………………………………………………....15

1 Subjects and objects of commercial activity

Commercial activity is a set of processes and operations aimed at the purchase and sale of goods in order to satisfy consumer demand and make a profit.

The key difference between commercial activity and other types of activity is the extraction of profit in the process of relationships between entities that implement their actions through the objects of a trading enterprise: the main production assets(passive - buildings, active - equipment) and inventory items.

The differentiation of business entities on the basis of their functional specialization determines the following classification:

1) Producer - a legal or natural person that produces a product / service for further sale through sale.

2) A consumer is a person who purchases a product in order to satisfy his own needs.

3) Seller - a person who carries out the process of selling a product / service for money in order to make a profit.

In the process of sale, there is a category of resellers who are a link in the chain "producer - consumer": trading companies; distribution channels. One of the key elements in the system of commercial relations is a commercial enterprise and especially its variety - a trading enterprise (trading company).

The subjects of commercial activity in the sphere of commodity circulation are also non-profit organizations that can engage in entrepreneurship. These include consumer cooperatives, associations and unions.

The objects of commercial activity are goods, services, money, documents of sale, securities. A product or service is sold for profit, and the money paid for it, which serves as a source of profit.

A product is a means of satisfying consumer needs. According to the Armstrong-Kotler model, a product consists of three components or sets of qualities:

core qualities - the benefits that the product provides;

tangible qualities - material qualities;

Reinforcing (augmented) qualities - related services (service, warranty, good delivery etc.).

A service is a type of non-productive activity that satisfies the needs of consumers.

A prerequisite for the creation and development of a commercial business is the availability and growth of capital with its ability to reproduce itself on an expanded scale.

Capital is

Value capable of creating new, larger value;

The funds that an individual or legal entity has, its property, consisting of the amount of contributions made during the organization of the enterprise (authorized capital), buildings, structures that are on the balance sheet, other material and monetary resources and intellectual values (patents, licenses, know-how etc.), as well as part of the profits invested in the business.

The capital is divided into own, which is owned by the enterprise itself, and attracted (borrowed).

The source of maintaining and increasing capital, generating profits and covering current costs is turnover, i.e. sale of goods, commercial process of exchanging goods for money.

Trade, satisfying the needs and demands of consumers, is the final link in the activities of market entities. A special role belongs to commercial activities related to the implementation of a set of measures to bring goods from the manufacturer to the buyer.

2 Merchandising: the essence and means of merchandising

Throughout the history of commodity-money relations, the seller each time tried to highlight his product, to make it more attractive. Today, the task is to ensure that the product is in demand, so that it has the properties that the consumer needs. Much has been done for this: a brand has been created, the thing optimally meets the “price-quality” criterion, packaging is ready, methods of communication with the consumer have been developed to create the necessary demand, and promotional activities are being carried out. However, there is one last chance to highlight your product and, accordingly, make it sell better or sell at all. This work in the marketing communications system is called merchandising, that is, promotion trademarks in the retail network.

Merchandising has evolved in the last twenty years, but is developing especially rapidly in last years. This happened due to the improvement and saturation of the market, and, of course, the intensification of competition. feature Russian market in this case is that merchandising was developed with the advent of American and Western multinational corporations such as Coke, Mars, Nestle. This is where the etymology of the word comes from. Translated from English, "merchandising" means "the art of trading" in the field of retail.

Merchandising is always focused on a certain result: stimulating the desire of the end consumer to choose and buy the promoted product. Its goal is to increase sales through retail chains and attract new customers.

As a result of its evolution, merchandising has also become a tool that gives tangible competitive advantages. Many corporate manufacturers have made merchandising part of their marketing strategy. When organizing merchandising in a company, the following criteria are usually considered: the number of stores that the company wants to cover with merchandising work; the time required for merchandising one outlet; required frequency of visits to retail outlets.

The functions of a merchandiser at a point of sale are:

Inspection of points of sale, visits to the warehouse and export of products to the trading floor,

Displaying products at points of sale in accordance with the company's merchandising concept;

placement of price tags at points of sale;

Merchandising tools:

Store design (both external and internal);

Store planning (planning of customer traffic flows);

Color blocking;

Comprehensive measures.

Store design

Store design is a key factor in developing an image. To maximize sales, a retailer must have a clear business philosophy focused on two types of target customers: existing and potential. He must constantly direct his efforts to create a window display and atmosphere consistent with the image of the store. The appearance of the store must clearly and quickly indicate its essence, otherwise customers will pass by in search of more suitable place for shopping. Signboard with the name - should not be misleading and should be remembered by the buyer.

Store layout

Depending on the system for arranging equipment, use different kinds technological layout of the trading floor:

Linear (lattice);

Box (track, loop);

mixed;

Free (arbitrary)

Design rules are an equally important part of product promotion in a retail network. The fundamental principle of design is the constant updating of materials. Promotional (P.O.S.) materials must:

a) be located directly near the point of sale of the goods or on the way to it;

b) be appropriate and not cause confusion or irritation, be clearly visible to a potential buyer;

d) be relevant, as the materials of a certain advertising campaign work only for a limited time.

Color blocking

On average, a supermarket visitor scans the shelves of goods at a speed of 1.2 m/s from a distance of 2.5 meters. To make the right package stand out from hundreds of others, retailers and designers sometimes use color blocking. Its essence is that goods with packaging of the same color on the shelf are placed together. As a result, a one-color block of goods is created. At the same time, blocks that combine different colors can give rise to associations that are useful for selling. For example, blocks of white, green and blue flowers can be associated with a relaxing and refreshing surf. This combination is good to use in the department that sells shower gels and other detergents.

The opposite way to attract can be contrast - not only in color, but also in shape. For example, a familiar product - a liter pack of juice - clearly stands out on the shelf with a narrower and more elongated package.

Comprehensive measures

Many supermarkets have a system of advertising alerts to consumers through the display of commercials on a large video screen. This system has been used for many years. The only problem with high-tech tools is that the buyer is focusing on them instead of thinking about the purchase. On the other hand, this system allows the customer to be attracted to specific products that would otherwise go unnoticed among several thousand others in the supermarket. The use of sound effects is widespread. Moreover, it is not limited to the transmission of oral announcements. Sound effects can create an appropriate atmosphere in different departments of the store (for example, dynamic music in the sports department and loud sounds from the video walls) or an appropriate mood (forcing, say, the buyer to move faster or, on the contrary, relaxing). To change the mood of the buyer and provoke him to buy, various smells are often used inside the store (in the UK, individual sellers of home goods use the smell of a bakery / cafe to encourage customers to enter the store and buy goods that have nothing to do with food: clothing, lighting equipment, etc.).

· the effect of using different colors.

Using certain colors to create the desired effects, you can significantly increase sales. Colors can be used to create accents. For example, blue color symbolizes calmness and relaxation. White color- a feeling of purity, clarity and new beginnings. Red color - motivation, acceleration. Yellow- stimulation.

· the effect of lighting.

The winning features of the product can be emphasized by the right lighting. Lighting emphasizes the variety and quality of the presented products, and also makes them visible. Commercial equipment should be illuminated in such a way that all the main products and information about them are clearly and clearly visible. At the same time, it is necessary to try to avoid vertical, bright lighting of products, harsh shadows, but also the absence of shadows;

New and high-end products can be presented with lighting directed at them in order to highlight their significance. The general illumination also affects the reaction of the buyer.

There are many definitions of merchandising, one of them: merchandising - " Silent Seller". This is the essence of merchandising - how to arrange the product in the store so that it is sold most effectively and without the participation of the seller. In order to increase sales, retailers must be able to predict the behavior of the visitor and rely primarily on his ability and perception of goods.

In the current economic situation, any company that strives to successfully operate in the consumer goods market should focus not only on the quality and relevance of its products, on their timely delivery to retail outlets, but also think about the merchandising of their products. The use of merchandising is as important for the successful sale of product development as the creation of a brand product, promotions of various kinds.

3 The essence and content of the Law "On consumer cooperation (consumer societies, their unions) in the Russian Federation"

In connection with the adoption of the Civil Code of the Russian Federation, Federal Law No. 97-FZ of July 11, 1997 amended and supplemented the Law of the Russian Federation “On Consumer Cooperatives in the Russian Federation”. In addition, its name has also changed: the Law of the Russian Federation “On consumer cooperation (consumer societies, their unions) in the Russian Federation” (as amended by Federal Laws No. 97-FZ of July 11, 1997, No. 54-FZ of April 28, 2000).

The concept of consumer cooperation is defined as a system of consumer societies and their unions created in order to meet the material and other needs of their members.

In turn, the law understands a consumer society as a voluntary association of citizens and (or) legal entities, created, as a rule, on a territorial basis, on the basis of membership by combining property share contributions by its members for trade, procurement, production and other activities in order to meet material and other needs of its members.

At the same time, this law does not apply to consumer cooperatives operating on the basis of the Law "On Agricultural Cooperation", as well as to other specialized consumer cooperatives (garage, housing construction, credit, and others). In the names of these consumer cooperatives, the use of the words "consumer society", "union of consumer societies" is not allowed.

A consumer society is created at the expense of entrance and share contributions, carries out trade, procurement, production, intermediary and other activities.

Citizens who have reached the age of 16 and (or) legal entities may be founders of a consumer society. The number of founders should not be less than five citizens and (or) three legal entities.

Decisions on the creation of a consumer society and joining the union are made by the constituent assembly, which approves the list of shareholders, the charter of the consumer society and the report on the expenditure of entrance fees.

A consumer society is considered established from the moment of its state registration in accordance with the procedure established by law.

A citizen or a legal entity wishing to become shareholders submits an application to the council of a consumer society writing about admission to the consumer society. The citizen's application must indicate his last name, first name, patronymic and place of residence. The application of a legal entity must indicate its name, location and bank details. Citizens who do not have independent earnings, as well as receiving state benefits, pension or scholarship, report this in the application.

An application for admission to a consumer society must be considered within 30 days by the council of the consumer society. The entrant is recognized as a shareholder from the moment the decision is made by the council of the consumer society and the entry fee and the share fee are paid.

At the same time, the charter of a consumer society may provide that for citizens who do not have independent earnings, as well as for citizens who receive only state benefits, pensions or stipends, the general meeting of the consumer society may establish a smaller share contribution than for other shareholders.

The law provides for the following cases of termination of membership in a consumer society:

Voluntary exit of the shareholder;

exclusion of a shareholder;

liquidation of a legal entity that is a shareholder;

death of a citizen who is a shareholder;

liquidation of the consumer society.

The management of the consumer society is carried out by the general meeting of the consumer society, the council and the board of the consumer society.

The supreme body of the consumer society is the general meeting of the consumer society.

In the period between general meetings of a consumer society, management in it is carried out by a council, which is a representative body.

The executive body of the consumer society is the board of the consumer society.

4 Ways (legitimate) to increase profits in trading

There are the following ways to increase profits:

1) By increasing the volume of sales in rubles

Selling more goods in kind;

Price management and price growth (in this case, it is important to develop price matrices, setting prices in inverse proportion to “ruble activity”);

Optimization of the level of service included in the plan.

2) By reducing the cost of goods sold

Reducing the cost of goods (for example, the possibility of organizing groups of buyers to provide discounts for the volume of the purchased lot is being considered);

Analysis of the possibility of reducing the cost of transportation and net prices.

3) Through the release and additional use of capital (expansion of the range, construction of a new warehouse, purchase of a new vehicle etc.).

Reducing the unit cost of storage;

Organization of a pre-order system and reduction of demand variation (which will ensure a reduction in the required safety stock);

Reducing the time and variation in the time of the period of transportation and preparation of the order.

4) By optimizing the assortment.

5) By reducing other commercial expenses (not included in the scope of immediate consideration for logistics).

6) By improving the efficiency of the enterprise marketing products. More attention must be paid to increasing the speed of circulation of working capital, reducing all types of stocks, and striving to move finished products from the producer to the consumer as quickly as possible.

7) Through an ambitious and effective training policy, which is special form capital investment.

8) Through strict observance of the concluded contracts for the supply of products. It is especially important to interest the enterprise in the production of prestigious and most needed products for the market.

9) Transfer the emphasis in profit management to enterprise income management.

10) Introduction into practice of operational cost accounting for production.

11) The use of the most modern mechanized and automated tools for solving problems of profit analysis.

Bibliography

1. Commercial Law: Textbook / A.Yu. Bushev, O.A. Gorodov, N.S. Kovalevskaya and others; Ed. V.F. Popondopulo, V.F. Yakovleva. - SPb., 1997. S. 88 ..

2. Golyshev V.G. Commercial Law: Lecture Notes. M., 2005. S. 9 ..

3. Commercial law of the Russian Federation: Textbook / B.I. Puginsky. - 3rd ed. - M., 2005.

4. Vinnikova L. Merchandising: every product has its own time, place and atmosphere // "Gorod N", 2002, No. 45

5. Kotlyarenko M. Merchandising is an art. Marketing and Marketing Relations. 2001. #7

6. Makashov D. Merchandising. The art of selling goods.

7. Paramonova T. Store layout as the most important element of merchandising. practical marketing. 2000. №4

8. Constitution of the Russian Federation. M., 2005.

Definition of the concepts of "commerce" and "commercial activity". Subjects, objects, tasks and stages of commercial activity

Lecture #1

Topic: "The concept and essence of commercial activity"

The number of hours in accordance with the work program of the discipline: 2 hours

Lecture plan

1. Definition of the concepts of "commerce" and "commercial activity". Subjects, objects, tasks and stages of commercial activity

2. Functions and principles of commercial activity

3. Classification of commercial enterprises

Definition of the concepts of "commerce" and "commercial activity". Subjects, objects, tasks and stages of commercial activity

Commerce in Latin means "trade":

Commerce - bargaining, trade turnover, merchant crafts (from explanatory dictionary V. I. Dahl);

Commerce - trade, trading operations (from the Explanatory Dictionary of S.I. Ozhegov).

Thus, commercial activity is understood as the purchase and sale of goods for the purpose of making a profit while meeting the demand of buyers for goods and services.

Commercial activity is a part of entrepreneurial activity and differs from it only in that it does not cover the process of manufacturing goods. The entrepreneur always seeks to acquire resources and services in accordance with his own commercial interests. The task of the entrepreneur is to create a quality product and the benefits from its sale. Therefore, logistics, advertising, conclusion of a contract, bringing the goods to the consumer are important elements of commercial activity. In addition to knowledge in the field of economics, a merchant must know the theory and practice business communication negotiating, being able to accept non-standard solutions, possess analytical skills to identify highly profitable areas of labor application.

However, in pure form commercial activity is present in trade organizations. Therefore, “Commercial activity” as an economic discipline considers the organization of commercial processes mainly at enterprises in the sphere of circulation, that is, it uses a narrow interpretation of the concept being defined. Thus, commercial activity is the activity of legal entities and individuals associated with the implementation of purchase and sale operations in order to meet demand and make a profit.

The subjects of commercial activity are legal entities and individuals who have the right to perform it, the objects of commercial activity are goods and services. IN modern conditions conducting business, commercial activity is not limited to the completion of a trade transaction. Commercial success directly depends on the knowledge of the market situation, understanding the needs of consumers and the ability to satisfy them by offering the appropriate range of products. Therefore, commercial activities cover the study of consumer demand, product range management, advertising and information work and service organization. In addition, commercial workers must be able to search for and select profitable suppliers, establish contractual relationships with them, organize the transportation of goods, and create and maintain optimal inventory.

Commercial activity is a set of sequentially performed trade and organizational operations that are carried out in the process of buying and selling goods and providing trade services for the purpose of making a profit.

Both trade organizations and enterprises and individual entrepreneurs can act as subjects of commercial activity, that is, carry it out. Goods and services should be considered as objects of such activity (Fig. 1).

Figure 1 - Business basics

A commodity is an integral product of the market, having a use value; the form of exchange is money. Service refers to the service and delivery of goods to the consumer. The basis of commercial activity is capital (financial support), material and technical base and information and computer tools that form a data bank for making managerial decisions. Market entities that affect commercial activity include: commodity producers - product suppliers, intermediaries, creditors (banks), control and inspection institutions, audit services, insurance agencies, etc. With the development of market relations, these components will undergo quantitative and qualitative changes, introducing thereby an adequate change in commercial activity.

Computer science and computerization adjoin commerce. They are aimed at managing commercial activities. To do this, information flows are received, processed, analyzed, and the results are used in management.

It is known that the resources of the enterprise and the requirements of cost-effective work to a certain extent limit the maneuvering of the assortment of goods and their prices. But it is the focus on customer demand and its active formation that should determine the use of available resources. Successful sale of goods ensures the efficiency of the enterprise. Commercial work in trade is the activity of an enterprise aimed at solving a specific set of problems. Studying the processes of their implementation - important element operational research at the level of the trade enterprise and the region.

The main participants in commercial activity are not only entrepreneurial structures, but also consumers (whose participation in the limit-distributive economy was insignificant). This statement is based on the fact that for entrepreneurs the most important factor when concluding transactions, it is income (economic benefit), and for consumers, the benefit is the product (service) he needs if it satisfies his needs (consumer interests) to a greater extent. The consumer is not a passive buyer, but a full participant in commercial activities, its regulator. Thus, the most important subject of business relations between suppliers of goods and the retail link is the consumer (Fig. 2).

Figure 2 - A set of tasks of commercial activity in the market of goods and services

The subjects of the consumer market should be considered through the satisfaction of the needs of the population.

The consumer, realizing his interests, has a decisive influence on the behavior of entrepreneurs in the market when concluding transactions, choosing a market segment, organizing sales and sales of goods, forming an assortment, pricing policy.

Commercial activity can be divided into several stages. These stages are:

Study of demand and determination of needs for goods;

Identification of suppliers of goods and establishment of economic relations with them;

Commercial activities for the wholesale of goods;

Commercial activities for retail goods;

Formation of assortment and management inventory;

Provision of trade services.

At each of the listed stages, certain commercial operations are performed. At the same time, it should be borne in mind that the content of operations may differ depending on at what stage of the product distribution process they are carried out.

Thus, the nature and content of the operations performed in the course of commercial activities will depend on the chosen form of product promotion and the stage at which this product is located.

Efficient implementation commercial work is possible only if there is complete and reliable information about the market situation, that is, socio-economic, trade, organizational and other conditions for the sale of goods that have developed in certain period time and in a specific place. To obtain such information, it is necessary to collect information about both the product itself and its manufacturers.

It is also important to have information about the social, economic, demographic and other factors that determine the demand for goods, and about the purchasing power of the population. Along with this, it is necessary to have reliable information.