Discussion about the legal regime for execution of entrepreneurial activities in the sphere of social services

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The article raises the problem of legal regulation of social entrepreneurship. The relevance of this issue is increasing in connection with the growing commercialization of the social services sector and the involvement of socially-oriented organizations in the commodity-money turnover. However, the preservation of the social orientation of the system of social services requires the development of a special legal regime for the implementation of entrepreneurial activity. It is concluded that commercial innovations in the field of social services should be provided with a proper legal regulation mechanism that allows balancing the economic interests of the participants in relations with the principles of social policy. The author thinks that the development of a special legal regime of the relations under consideration should, first of all, be aimed at determining the peculiarities of the implementation of the principle of freedom of entrepreneurial activity in relation to participants in the social services market, acting on the supply side. These features should be reduced to the fact that, having the right to exist, the private system of social assistance and social services should not be on an equal step with the state system of social services. As part of the social sphere of society, the private system of social assistance and social services must have legislatively defined boundaries for its activities in order to ensure the quality and safety of social services. Summing up, the author of the article concludes that social entrepreneurship will only then have a beneficial effect on the development of a particular social sphere if the goal of making a profit is secondary in relation to its social orientation.

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Social entrepreneurship, legal regime of entrepreneurial activity, restriction of the principle of freedom of entrepreneurial activity, medical services, educational services

Короткий адрес: https://sciup.org/147235298

IDR: 147235298   |   DOI: 10.14529/law210307

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