Правовое регулирование социального предпринимательства в России

Abstract

We consider the issues of entrepreneurship and social entrepreneurship correlation; analyze the concepts definitions of “social entrepreneurship”, “socially oriented noncommercial organization”, “social enterprise”; comprehend the issues of the social entrepreneurs legal status, consider the regulatory procedure for recognizing a small or medium-sized business as a social enterprise. It is noted that the difference between “entrepreneurship” and “social entrepreneurship” depends on the goal that guides the participant in civil relations. We analyze and correlate the private-legal and public-legal foundations for social entrepreneurs support, we study the issue of social en-trepreneurship in foreign countries; attention is paid to the aspect of state support for social entrepreneurs, socially oriented noncommercial organiza-tion. We emphasize the necessity of developing a legal concept for the devel-opment of social entrepreneurship in Russia, which underlies the selection of projects that could qualify for one of the forms of state support in the field of social entrepreneurship. We consider the issue of social contract. We outline the idea of agreements differentiation concluded in the field of social entrepreneurship on the basis of the state participation in such relations. It is emphasized that agreements can be the result of proactive entrepreneurship aimed at achieving a socially beneficial result and not claiming financial support from the state, but, on the contrary, can be of a cascading nature and include no less than three parties, one of which is the state.