What is illegal business activity?
Unfortunately, it happens that in the searchadditional sources of existence, people resort to illegal methods of activity. With some, this happens because they do not know the laws of doing business, for others, such activities become a professional occupation or even a way of life. Today, during the active development of entrepreneurship, violations of its rules have become quite widespread.
This concept is not directly defined, but itsit is easy to understand the method from the reverse, considering the category of entrepreneurial activity. It, according to the law, represents the initiative activity, which is conducted by citizens with the purpose of profit making. One particular sign of entrepreneurship is its management on behalf of an individual or by organizing an enterprise (legal entity). The second sign is that a person who has taken up entrepreneurial activity organizes and conducts this work on his own fear and risk. The acquisition of the status of an entrepreneur is the initial legal act of carrying out the work, and the absence of a fact of registration or establishment of a business entity is a violation of the existing legislation that qualifies as illegal business activity.
The law clearly prescribes all types of activities,which can not be attributed to entrepreneurship: grazing, handicraft activities, rental housing for a period of not more than 5 days a month and a number of others. All other ways of earning without formalizing labor relations or registering entrepreneurship are treated as illegal entrepreneurial activities.
The average person may think that the lawprovides everything that to find loopholes in it and engage in illegal activities is almost impossible. However, practice shows that illegal entrepreneurial activity is not something supernatural. But most often there are episodes when such grieving entrepreneurs are absolutely frankly surprised at how the competent authorities managed to establish the fact of violation of the law. It turns out that for this there are numerous technical and statistical resources. Let us consider some examples within the framework of specific activities.
The excise is based on the fact that the source of incomethere is a minibus available for a person in which he carries passengers, for example, abroad. It goes without saying that this is done without proper registration, money for transportation is not taken into account, no information is submitted to the tax authorities. Already in this one seemingly action, there is a whole bunch of offenses that constitute the content of the concept of illegal entrepreneurial activity.
Passage is a type of activity whenthe natural person, at the request or request of another person, "drives" the car from abroad and resells it, without paying taxes at the same time - this is also illegal business, the Criminal Code of the Russian Federation in some circumstances provides strict liability for this offense.
At this time,conducting various activities through the Internet. A natural person places on any resource (site) information about the sale of something with delivery. As a rule, such goods are delivered without the necessary documents both for the goods and for the service. In this case, the claims are made first to the courier, and then to the entrepreneur, if they are not the same person. And the same actions, but where the role of goods are money (for example, currency exchange, investment in unregistered funds, etc.), is qualified as illegal banking activities.
To the person who starts to conductit is important to firmly assimilate that liability for violation of existing rules is stipulated by the legislation of the Russian Federation. Moreover, if these violations are of a multiple nature, involve considerable damage to citizens and / or the state, then it will not be possible to get off with administrative or penal sanctions. The fact is that illegal entrepreneurship is subject to jurisdiction in all branches of law, and this is quite natural, in view of the broadest nature of this phenomenon.