Ershova, I.V. Definition of a subject of small and medium scale business enterprises: legislative, statistical and doctrinal approaches

Abstract: The article presents analysis of legal definition of subjects of small and medium-scale business enterprises. The author points out the incorrect use of term «economic subject» and «enterprise» within this definition. The author also analyzes the range of potential subjects, which may be included into the category of subjects of small and medium-scale business enterprises. The author expresses a negative opinion towards including noncommercial organizations into the list of subjects in question. The author analyses the criteria for recognition of entrepreneurs as small or medium — scale businesses. While evaluating the criterion of limitation to property formation (independency criterion), the author pays attention to the changes in the legislation, coming into force on October 1, 2013, and she offers to change the formula of the criterion by reference to the 25% combined participation share. The author also supports the position on keeping the existing criteria for the maximum number of number of employees of small and medium-scale entrepreneurs, in spite of the fact that it does not comply with the Russian practice. The author proves the position on the narrow interpretation of the book value of assets and its failure to comply with the current legislation on accounting. The author draws a conclusion that unification of the definition apparatus and formation of unified conceptual approaches towards the contents of the main categories may be regarded as key goals of the doctrine, legislation, and legal practice. The article includes doctrinal positions on topical issues and references to statistical data.

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