Chapter 12 Legal regulation securities market 12.1. concept state loan. Types of securitiesCurrently, a securities market has been formed in Russia. In addition to civil circulation, securities serve the public interests of the state. Through the release and

Commodity market - the sphere of circulation of goods that do not have substitutes or interchangeable goods on the territory of the Russian Federation or its part, determined on the basis of the economic ability of the buyer to purchase goods in the relevant territory and the absence of this opportunity outside it.

As the most important object market economy a commodity is a product of labor that satisfies one or another social need through purchase and sale or exchange. It has two properties:

1) satisfy the needs of people (this is use value);

2) to exchange (the proportions in which one commodity is exchanged for another is its exchange value).

The definition of goods is carried out according to indicators characterizing its consumer properties, the conditions of consumption (operation) of the goods by buyers, the conditions for the sale of goods, the level of satisfaction of demand; the composition of these indicators is differentiated depending on the type and purpose of the goods. Initially, the belonging of the goods to the classification group is established using both the existing classifiers of products (works, services), types of activities, and commodity dictionaries, reference books of commodity experts, taking into account GOSTs for the corresponding types marketable products, data of commodity expertise, opinions of industry independent experts, materials from customer surveys.

The legislation contains such characteristics of goods as: interchangeability, identity and homogeneity. Interchangeable goods are goods that can be compared in terms of their functionality, application, quality and technical specifications, price and other parameters in such a way that the buyer really replaces or is ready to replace them with each other in the process of consumption (including production).

Homogeneous are recognized goods that, while not identical, have similar characteristics and consist of similar components, which allows them to perform the same functions and (or) be commercially interchangeable (clause 7, article 40 of the Tax Code of the Russian Federation), which makes them related to interchangeable goods. When determining the homogeneity of goods, in particular, their quality, presence of a trademark, reputation in the market, country of origin, manufacturer are taken into account.

Identical goods are goods that have the same basic characteristics characteristic of them. When determining the identity of goods, account shall be taken, in particular, of their physical characteristics, quality and reputation in the market, country of origin and manufacturer. Minor differences in the appearance of identical goods may not be taken into account (clause 7, article 40 of the Tax Code of the Russian Federation).

For a complete characterization of commodity markets and assessment of the state on them competitive environment The following indicators are sequentially determined:

1) product (commodity) boundaries of the commodity market - a group (set) of interchangeable goods;

2) geographical (territorial) boundaries of the commodity market - the territory in which buyers purchase or can purchase the product under study (substitute products) and do not have such an opportunity outside it;

3) market structure - a set of quantitative and qualitative indicators, which include: the number of economic entities (the number and composition of sellers and buyers) and the shares they occupy in this product market; indicators of market concentration; market entry conditions; openness of the market for interregional and international trade;

4) barriers to entry into the market - circumstances that impede the opportunities for new economic entities to enter the commodity market;

5) the market potential of an economic entity - the economic (market) power of the enterprise.

The interaction of sellers and buyers takes place in certain forms, the content of which is specific socio-economic relations in the sphere of exchange. Through these relations, the sale of goods is carried out. It is in the market that entrepreneurs are recognized as commodity producers.

The allocation of a commodity market is based on the processes of movement special kind goods - goods from the sphere of their production to the final consumer.

Like any market, the commodity market is territorially defined. In the norms of law, the territory of Russia and the territory of foreign countries. Sometimes it is required to take into account the territories of certain states or certain geographical regions; for example, in connection with the introduction of international legal restrictions on trade. On the territory of Russia, from the considered point of view, only the administrative-territorial division usually has legal significance, which is easily explained by the unity of the economic space. Based on the administrative-territorial division, statistical information, operational information and economic forecasts are formed. The exception is extraordinary situations that require the intervention of the Government, as well as long-term government and presidential federal programs aimed at the development of individual regions (see, for example: Decree of the Government of the Russian Federation of August 9, 2006 No. 478 “On federal program“Socio-economic development of the Kuril Islands (Sakhalin Region) for 2007-2015”//SZ RF. 2006. No. 34. Art. 3671).

One of the signs of the market is a certain specificity of objects (goods) circulated in the corresponding market segment. In relation to the commodity market, the commodity is usually understood in a broad sense, i.e. not only as material things completed by production, but also as works and services rendered to their direct consumers. This approach is consistent with the modern understanding of the goods, in particular, the General Agreement on Trade in Services of the WTO (GATS, Marrakech, April 15, 1994 // World Trade Organization / Edited by S.A. Smirnov. M., 2001).

In accordance with sub. paragraph 1 of Art. 2 FZ of November 21, 2011 No. 325-FZ "On organized trading" (SZ RF. 2011. No. 48. Art. 6726) goods are understood as “things (with the exception of securities, foreign currency) of a certain kind and quality, of any aggregate state, not withdrawn from circulation, admitted to organized auctions”. As you can see, the exchange itself determines the goods that can be sold on the exchange. For these purposes, standard indicators of goods are determined, the production of which is quite volumetric, and consumption should be massive. At the same time, both the quality and the conditions of storage, transportation and measurement of goods are standardized. The quantity of goods presented on the exchange must also meet a certain standard; Thus, on the Chicago Mercantile Exchange, the exchange unit for cattle is 34 bulls, and on the London Metal Exchange, the exchange unit of copper, zinc, and lead is 25 tons. Thus, the composition of exchange units (lots) on different exchanges and listing (inclusion of goods in quotation lists) is subject to certain objective rules.

Quite often, the specificity of the objects of the commodity market is expressed in the establishment of a special legal regime for a group of goods. Thus, the customs legislation provides for the possibility of establishing various customs regimes based on the ongoing procedures (Article 202 of the Customs Code).

A universal act for the sphere of the commodity market, which makes it possible to identify goods, is the Commodity Nomenclature of Foreign Economic Activity (see: Decree of the Government of the Russian Federation of November 27, 2006 No. 718 “On customs tariff Russian Federation and Commodity nomenclature used in the implementation of foreign economic activity” // SZ RF. 2006. No. 50. Art. 5341).

In Russia, markets for new goods that were not previously involved in normal circulation are being formed rather quickly. Such, for example, is the electricity market, the creation of which should be associated with the reform operating system distribution of electricity, the division of RAO "UES of Russia", the establishment of new principles for the wholesale electricity market in accordance with the Federal Law of March 26, 2003 No. 35-FZ "On the Electric Power Industry" (SZ RF. 2003. No. 13. Art. 1177) and relevant decisions of the Government of the Russian Federation.

The specificity of the subject composition of the commodity market is mainly associated with the significant role of such formations as large business associations providing vertical integration and covering a significant part of commodity flows, as well as the special organizing significance of specific market institutions: trading, stock exchanges, fairs, exhibitions, electronic trading floors(business).

Not all new market segments are developed and properly regulated to the required degree, but they have significant potential.

Bidding (competitions and auctions) has become widespread, primarily in connection with privatization processes and other cases of sale of state and municipal property. In particular, tenders are mandatory for the implementation of the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state or municipal needs" (SZ RF. 2005. No. 30 (part D). Art. 3105). By general rule following the results of the auction, the right to conclude contracts for the extraction or use of limited resources is also acquired (for example, the Ministry of Agriculture of Russia periodically establishes rules for holding auctions on the procedure for determining quotas for catching aquatic biological resources).

Holding public auction also subject to the rules of art. 447-449 GK. The possibilities of bidding as a form of establishing the terms of contracts, their optimization (including relatively economic effect) in the sphere of the commodity market still remain unrealized.

There is also a certain specificity in the activities of fairs, a traditional form of trade organization, very popular in pre-revolutionary Russia(for example, the Irbitskaya and Makarievskaya fairs are widely known), but almost forgotten during the Soviet period. Fairs are characterized by the stability of the time and place of the auction, the opportunity to directly evaluate the product (buyers usually bring it with them) and the conclusion of contracts for the future. Modern fairs are also distinguished by increased comfort for potential sellers and buyers, the provision by organizers necessary conditions to develop the terms of agreements, communication services, experts, lawyers, etc. However, in practice, fair organizers usually do not create separate organization(with rights legal entity) to perform the functions of the fair, since the solution of emerging problems is provided by the efforts of the organizers themselves, the temporary structures created by them ( boards of trustees, fair committees, etc.).

Fairs can be combined with exhibition activities, but in the latter case, the focus is on the presentation and information effects of events. Legal support exhibition activities very weakly, represented mainly by acts of an organizational and administrative nature executive power.

Some general (framework) rules for organizing and holding fairs are provided by the Federal Law of December 28, 2009 No. 381-FZ “On the Basics state regulation trading activities in the Russian Federation" (SZ RF. 2010. No. 1. Art. 2).

As a general rule, patronage and coordination of exhibition and fair activities are carried out by chambers of commerce and industry, as well as sectoral ministries (see, for example: order of the Ministry of Industry and Energy of the Russian Federation dated August 20, 2004 No. 76 “On the improvement in the Ministry of Industry and Energy of the Russian Federation of work in the field of coordination of exhibition and fair activities on the territory of the Russian Federation and abroad” // Industrial Weekly. 2004. No. 35).

The specifics and needs of the market, which requires not only the act of sale, but the entire cycle of services from packaging to informing the consumer, have brought to life special forms of concentration of such activities. Service and terminal centers can be recognized as a kind of structural unit of the commodity market, providing a range of services for the reception, placement, transportation, "customs clearance" and storage of goods. The development of such centers (in Nizhny Novgorod, Moscow region, Samara and other regions) is also provided for by the Comprehensive Program for the Development of the Infrastructure of the Commodity Markets of the Russian Federation for 1998-2005. (SZ RF. 1998. No. 25. Art. 2910). However, such complexes only in economic terms act as independent formations, since, as a general rule, they do not have legal personality and only organizations that are part of them are participants in the relevant legal relations.

The advent of the Internet has caused a boom in related commerce, although the impact electronic form business communication is not limited to buying and selling: negotiations are held on the Internet, various contracts are concluded, presentations of business and specific goods are held, etc. Essentially, a fundamentally new business platform has been created.

This type of trade is developing rapidly, sales volumes are growing. And although in Russia this segment of trade is only being formed, the volume of sales today is 10-11 billion dollars, and in the coming years - according to research East West Digital News - will reach $50 billion. Its obvious entrepreneurial and economic advantages (reducing material costs, expanding the circle of buyers, etc.) make it possible to predict further growth in sales volumes. The conclusion of contracts using the Internet, in our opinion, does not have any special differences: they are also based on the legal institution of sale. The main problems arise in the sphere of fulfillment of obligations and protection of consumer rights. That is why the plans of the State Duma of the Russian Federation include the adoption of the federal law "On Electronic Commerce", which could fix the specifics of this business.

The exchange commodity market is represented by the corresponding commodity exchanges. The previously mentioned Federal Law “On organized trading” classifies exchanges as trading organizers, they can only be business companies, the organizers of the auction are prohibited from engaging in production, trade, insurance, as well as some other types of activities (Article 5). However, the exchange itself does not have the right to participate in trading and in this sense acts only as an organizer of exchange trading. The activity of the exchange is licensed and controlled by the authorized bodies of the state.

Features of exchange activities and exchange transactions are quite fully described in the relevant literature, there are also explanations of higher judicial and other government agencies. The main problems of exchange transactions are related to the presence of such transactions in which the transfer of the relevant goods is not provided at all. (futures, "premium" transactions, option transactions, "trades for difference" etc.).

General requirements for the organization and conduct of auctions for commodity and financial markets(with the exception of trades held in the form of an auction or competition in accordance with the law (see Article 447 of the Civil Code) and trades on the wholesale electricity market), the Federal Law “On Organized Bidding” is established.

The retail market is also an independent segment. In accordance with the Federal Law of December 30, 2006 No. 271-FZ “On retail markets and on amendments to Labor Code Russian

Federation" ( SZ RF. 2007. M 1 (part D). Art. 34) Under the activity for the sale of goods (performance of work, provision of services) in the retail market is understood the sale of goods, the performance of work, the provision of services, carried out, respectively, under a retail sale and purchase agreement and a work contract, and the retail market itself is considered as Property Complex, intended for the implementation of the specified activities on the basis of prices freely determined directly at the conclusion of retail purchase and sale contracts and consumer contracts and comprising trading places. At the same time, it stands out universal a retail market in which less than 80% of the trading places of their total number are intended for the sale of goods of one class, specialized the retail market, where the number of sales places exceeds 80%, and agricultural market, trade in which agricultural products are carried out according to the list determined by the Government of the Russian Federation, as well as agricultural cooperative market, which is managed by a market management company registered in accordance with the legislation of the Russian Federation in the form of an agricultural consumer cooperative and where the sale of agricultural products is carried out in accordance with the list determined by the Government of the Russian Federation.

The specified Federal Law also introduced significant changes to the rules for organizing this kind of trade, defined the basic concepts {« trading place», « Management Company”, “registry of sellers” etc.).

The development of retail commodity markets is also provided for by the Trade Development Strategy in the Russian Federation for 2011-2015 and for the period up to 2020 (approved by the Ministry of Industry and Trade of the Russian Federation on March 31, 2011).

Among the means of interaction in the commodity market, relevant bilateral, onerous contracts ( purchase and sale, contracts, etc.), including such specific, specific forms for the commodity market as a contract for the supply, commercial concession, simple partnership, etc. unnamed agreements (for example, a distribution agreement).

The system of state influence on the commodity market has common features with the management of economic (entrepreneurial) activities in general (see § 2 section I and § 1 section III of the textbook). The various functions of the state are dispersed among numerous ministries and federal services specializing in legal regulation, strategic planning, operational management, supervision and control over the state of the commodity market in the relevant areas. The only universal body in this respect is the Ministry of Economic Development, which performs the functions of developing state policy and legal regulation in the field of analysis and forecasting of socio-economic development, development of entrepreneurial activity, including small and medium-sized businesses, etc. (cm.: Decree of the Government of the Russian Federation of June 5, 2008 No. 437 "On the Ministry of Economic Development of the Russian Federation" // SZ RF. 2008. No. 24. Art. 2867).

The main methods of state influence on the commodity market are methods of indirect influence based on monitoring data of the situation (see, for example: Methodological provisions for monitoring consumer prices for goods and services and calculating consumer price indices, approved. Federal State Statistics Service dated December 30, 2005 No. 110). However, in necessary cases, the state directly affects the market.

In connection with the unification of the functions of sanitary supervision and the State Trade Inspectorate and the creation of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (usually it is carried out by segments, see, for example, Article 23 of the Federal Law “On the Electric Power Industry”), this particular body is the main specialized trading activity inspection body (see: Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the system and structure of federal executive bodies" // SZ RF. 2004. No. 11. Art. 945).

In the context of the problem of the issue of state influence on the commodity market Special attention should refer to the Federal Law of December 30, 2006 No. 281-FZ "On Special Economic Measures" (SZ RF. 2007. No. 1 (part D). Art. 44), for the first time providing for the legitimate introduction of temporary restrictions in the form of prohibitions on certain actions (including a ban on foreign economic transactions).

Trading activity (trade) forms the basis of the commodity market, although it does not coincide with this concept, if only because the content of the market is represented not only by acts of sale, but also by other components (see Chapter 1, Section I of the textbook). Systematizing value for various legal relations is the Federal Law of December 28, 2009 No. 381-FZ "On the basics of state regulation of trading activities in the Russian Federation" (SZ RF. 2010. No. 1. Art. 2). It defines trade as a type of entrepreneurial activity associated with the purchase and sale of goods, discloses the main types of such activities and certain terms. In this act, an attempt was made to link the forms and types of trading activities with the tasks of its state regulation. Also, special attention is paid to the methods of regulation, the development of regional programs for the development of trade, the maintenance of trade registers, the activities of stationary and non-stationary (tents, stalls, etc.) trade facilities are especially regulated, requirements for the organization of fairs and the sale of goods, antimonopoly regulation, etc. d. (see, for example: Grishaev S.P. Commentary on the Law on the basics of state regulation of trading activities in Russia // Laws of Russia: experience, analysis, practice. 2010. No. 10).

A number of definitions of trade and related concepts (“commodity circulation”, etc.) are also given in GOST RF R 51303-99 “Trade. Terms and definitions” (approved by the resolution of the State Standard of the Russian Federation of August 11, 1999).

Selection certain types trade can also be carried out in connection with the differentiation of trade in the implementation of its legal regulation by the Government of the Russian Federation; Thus, it is possible to single out trade on credit, trade on samples, commission trade (see, for example: Decree of the Government of the Russian Federation of June 6, 1998 No. No. 569 "On Approval of the Rules for Commission Trade in Non-Food Goods" // SZ RF. 1998. No. 24. Art. 2733).

The modern commodity market reflects certain trends in the development of society and, accordingly, is constantly changing. In some cases, this leads to fundamental changes in the legal regime, in other cases, the changes are predominantly terminological. Thus, the need to ensure the promotion of goods to the consumer caused increased attention to marketing, advertising of goods, consumer protection,

as well as gave rise to relevant studies and led to the emergence of special legislation, new types of contracts (for example, to conduct a forecast state of the market).

There are also organizational innovations and terms that are of a highly specialized nature and do not affect or have little effect on legal regulation. For example, the emergence of vending (sales through vending machines) is curious, apparently, only from the point of view of the process of organizing trade and accounting. The word "merchandising" (from English - "the art of trading"), which has become very popular, is just a way of selling goods, when the emphasis is shifted to the moment of communication with the buyer and drawing his attention to a particular product (for example, a tasting offer). Merchandising is very effective in terms of the end effect (two-thirds of all buying decisions are made in front of the counter), but from a legal point of view this direction is of no interest.

In recent decades, such a direction as logistics has been vigorously developing, i.e. activities to optimize the "movement of material and information flows in space and time from the primary source to the final consumer. In relation to the sphere of commodity circulation, logistics approaches are usually used to minimize losses in supply, transportation, warehousing, ensuring the timely supply of materials and goods to points of sale, etc. However, in terms of legal regulation, this direction is also of little substance.

• See: Maslennikov V.V. Exchange business. M., 2000. S. 79.226
• This means the introduction different rules organization and activities of the wholesale and retail electricity markets, which is absolutely necessary in domestic conditions; see, for example, the Rules of the Wholesale Market for Electricity and Power, approved. Decree of the Government of the Russian Federation of December 27, 2012 No. 1172 (SZ RF. 2011. No. 14. Art. 1916). In general, the powers of the Government in this area are determined by the norm of Art. 21 given federal law.
• For more information about fairs, see: Sidorova T.E. Fairs and exhibitions-sales as participants in the trade turnover // Actual problems commercial law / Ed. B.I. Putinsky. M., 2002. S. 162-169.
• Nevertheless, a significant part of the exhibitions (Moscow "Regions of Russia", the All-Russian exhibition-fair of products of the forestry complex in the city of Vologda, "Russian food products", the exhibition-fair "Cottage" on Frunzenskaya embankment in Moscow, etc.) as a result of organizational efforts actually become permanent and have a special status.
See, for example: Vsevolozhsky K.V., Medinsky V.R. Legal bases of commercial advertising. M., 1998; Strauning E.A. Some problems of the general theory of advertising relations. M., 2004; Izmailova E.V. New law about advertising // Actual problems of commercial law / Ed. ed. B.I. Putinsky. Issue. 3. M., 2007. S. 112-130. See also ch. Section 5 IV textbook.
• See: Shulygina O. Merchandising: increasing volumes in retail//Financial newspaper. 2005. No. 44.
• This is not the only definition of logistics; see: Stukov S. Logistics and organization of production // Financial newspaper. 2001. No. 7.