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Legal Presumptions of Good Faith and Reasonableness of Entrepreneurial Activity

  • Agnessa O. Inshakova,
  • Tatiana V. Deryugina,
  • Tatiana N. Litvinova,
  • Nikolay I. Litvinov

摘要

When creating a model of entrepreneurial activity, it is necessary to study the main elements of the structure of such a model to identify their legal essence, distinguish them from similar legal categories, establish key features, and formulate proposals aimed at improving the current legislation. The key means and ways to achieve the goal is to study the categories of good faith and reasonableness of entrepreneurial activity using system approach, determinism, modeling, abstraction, concretization, analogy, formal-legal method, comparative-legal method, and the method of legal forecasting. The research raises problems related to the fundamental categories of realization of the subjective right to conduct entrepreneurial activity and the categories of good faith and reasonableness. A comparative analysis with antagonisms (bad faith and unreasonable behavior) is carried out. The study of good faith and reasonable exercise of the right by subjects of entrepreneurial activity regulation made it possible to express a negative attitude to the used legal means in the form of establishing prohibitions, as well as the applied legislative technique. The authors formulated proposals to optimize the system of legal regulation of relations.