The conceptual issue of the unity of active economic activity as a social and legal phenomenon

Today, one of the main priorities of the state should be the establishment of a legal regime capable of increasing the economic activity of citizens. The emerging forms of active economic activity need to be assessed, institutionalized and legally regulated in order to ensure the necessary sustainability and dynamism of the economy. Purpose: to develop uniform criteria used to distinguish an independent form of active economic activity, which requires legal regulation, separation from the actual entrepreneurial activity. Methods: the author applies general scientific methods: analysis, induction and deduction; as well as specific scientific methods: formal-logical, the method of unity and differentiation. Results: it is concluded that all types of active economic activity are connected with civil law relations (one-order (of the same type)). They are also of a property nature, based on legal equality, autonomy of will and property independence (clause 1, article 2 of the Civil Code of the Russian Federation). The existing differences are due either to the emergence of externalities or specific legal status, or to the implementation of public law obligations. However, this does not negate their fundamental unity.