All branches of law, constituting in its totality the system of law of the state, are distinguished on the basis of the subject criterion, implying a certain range of social relations regulated by the rules of a particular branch of law.
It can be said that the subject of legal regulation is what legal norms affect, what their regulatory potential is aimed at, i.e. those social relations that should be subject to the action of legal norms. The scope of labor law is the whole of social relations organized by the rules of the various branches of law that arise in connection with entrepreneurship.
In other words, the subject of business law is a special range of social relations, emerging in the process of professional entrepreneurial activities to perform work for the purpose of profit, sale of goods, provision of services, performance of work for profit, related other social relations of non-commercial nature, as well as public relations on the state impact on entities engaged in business.
Thus, the subject of business law is social relations, which can be divided into two subgroups.
The first subgroup of social relations regulated by Business law includes relations that develop in the course of business activity of its subjects, as well as other closely related to the implementation of business relations, including non-commercial nature.
In the second subgroup should be included in the public relations impact on business activities.
The main among the relations included in the first subgroup are the relations arising in connection with the direct implementation of entrepreneurial activity. To reveal their identity, will look at what constitutes entrepreneurial activity.
Entrepreneurship activities are individual or corporate activities that are carried out under certain risks, aiming to obtain a systematic profit in accordance with the procedure determined by law from the sale of property, property use, business performance or service delivery.
On the basis of this legal definition, the majority of researchers distinguish the following main features of entrepreneurial activity:
1) Entrepreneurial activity is independent. Independence of business activity means that its subject itself, without undue interference of anyone, makes all decisions relating to the conduct of business, performs all actions that make up its content.
In the concept of “self-sufficiency of entrepreneurial activity” quite rightly distinguish two conditionally independent components; property and organizational independence.
Property independence of the entrepreneur is based on the presence of his own separate property as the economic base of entrepreneurial activity. Moreover, the amount of property independence depends on the legal basis of ownership of the property to the entrepreneur. Thus, the right of ownership of property gives the greatest amount of independence in comparison with the right of economic management or operational management.
Organizational independence means the possibility of making independent decisions in the process of entrepreneurial activity; this is the intention to engage in such activities, and the choice of activity, organizational and legal form, the circle of founders.
2) Entrepreneurial activity is risky, i.e. it is carried out by its subjects at their own risk.
Although the different types of social relations included in the subject of business law do not constitute an organically unified relationship, they are closely related to each other and can be considered as a holistic entity.
Thus, business law has a complex subject of legal regulation, which includes social relations that develop in the process of professional entrepreneurial activity for the sale of goods, services, works for profit, related other social relations of a non-commercial nature, as well as public relations on the state impact on entities engaged in entrepreneurial activity.