The value of determination in civil law research on the example of active economic activity

The article is devoted to the importance of determination in civil law research on the example of active economic activity. In the process of defining the "active economic activity" term author proceeds from determination as a doctrine that recognizes the existence of a universal interdependence and allows to identify the distinctive features of the phenomenon under study. Due to the absence of normative statutorization of the "active economic activity" concept, the legislator uses the closest legal regime (of entrepreneurial activity), applies an analogy or postpones the resolution of problems for the future. This circumstance leads to the formation of gaps in civil law regulation, as well as to contradictory law enforcement practice and negative phenomena in the economy. Determination of active economic activity is impossible without researching it in conjunction with the existing legal category of "entrepreneurial activity". Analyzing the distinguishing features of entrepreneurial activity, the author comes to the conclusion that they are close to the main signs of active economic activity, but do not completely coincide. Therefore, in addition to the main type of active economic activity (entrepreneurial activity), another profitable activity should be determined.