Legal basis for information support of business activities. The role of information support in business

Know: the concept and features of the legal regime of various types of information used in entrepreneurial activity; mechanisms for the implementation and protection of information rights of entrepreneurs.

To be able to: correctly interpret and apply the norms of legislation governing information relations in the field of business and corporate governance.

Possess: skills in working with regulatory legal acts and materials judicial practice in the area of information support entrepreneurial activity.

General characteristics of the legal regime of information

The concept of information and its legal regulation.

Information (from Lat. Informatio - explanation, presentation) is a complex general scientific concept, defined in the legislation as information (messages, data), regardless of the form of their presentation (Art. 2 of the Law on Information).

According to the Law on Information, it can be the object of public, civil and other legal relations (clause 1 of article 5). Information is an intangible good, therefore its accessibility for perception is ensured through an external, objectified form of expression - through oral speech or by fixing it on a material medium (paper, disk, etc.). The law (Art. 11) distinguishes between the legal regime of information and its material carriers, the rights to which are regulated by civil law.

Relations regarding the search, receipt, transfer, production and distribution of information (information relations) in the field of business are governed by big amount regulatory legal acts of both information and business legislation, which are based on the norms of the Constitution of the Russian Federation, which establishes the basic principles of legal regulation and protection of information (Articles 23, 24, 29, 71).

The fundamental act in this area is the Information Law. The sources of legal regulation of information relations include the Civil Code of the Russian Federation (Ch. 37, 38, 54, 75, etc.), the Law on providing access to information on the activities of state bodies, the Law on State Secrets, the Law on Commercial Secrets, the Law on Electronic Signatures " and others, as well as practically all federal laws regulating entrepreneurial activity. Information is present in the results of creative activity, the legal regime of which is determined by the legislation on intellectual property.

Part of the national legal system are the agreements of the Russian Federation related to its participation in international associations (WTO, Customs Union, EAEU). For example, the Treaty on the EAEU (Astana, May 29, 2014) contains Appendix No. 3 "Protocol on information and communication technologies and information interaction within the Eurasian Economic Union." In order to implement the Concept of creating an Integrated information system Foreign and Mutual Trade of the CU and Priority Measures for Its Implementation 1 The Rules for Electronic Data Interchange in the Integrated Information System of Foreign and Mutual Trade have been adopted.

In the field of entrepreneurial activity and its state regulation, documented information plays the main role. According to the Law on Information, documented information (document) is information recorded on a tangible medium by documenting information with requisites that make it possible to determine such information or, in cases established by the legislation of the Russian Federation, its tangible medium (Article 2).

Requirements for documenting information, that is, for the form and details of documents, are established by the legislation of the Russian Federation or by agreement of the parties. The rules and standards for documenting information provided for by legislation primarily relate to documents that are circulated in the public sphere, for example, when registering business entities, in the field of statistical, accounting and tax reporting.

Acts of state bodies in the field of standardization are of great importance for streamlining the workflow. So, the All-Russian Classifier of Management Documentation OK 011-93 (OKUD) includes the Unified System of Organizational and Administrative Documentation, which includes forms of documents for the creation, reorganization, liquidation, operational information regulation of the enterprise.

Along with traditional written documents made on paper, electronic documents are increasingly used. Electronic document - documented information presented in electronic form, that is, in the form suitable for human perception using a computer, as well as for transmission over information and telecommunication networks or processing in information systems (Article 2 of the Law on Information).

In accordance with the Civil Code of the Russian Federation, the document acquires legal force after it is signed by an authorized person. Confirmation of the legal force of a document transmitted using information and telecommunication networks can be carried out with an electronic signature or another analogue of a handwritten signature (clause 2 of article 160 of the Civil Code of the Russian Federation). Concept, types and order of use electronic signatures are determined by the Law on Electronic Signatures.

The possibility of processing and transferring information in the form of electronic documents is provided for by many regulatory legal acts that regulate entrepreneurial activity. In particular, the Tax Code of the Russian Federation (Article 80), the Law on Accounting (Article 9.10), the Regulation on the Rules for Making a Transfer Money(ch. I) 1, etc.

Electronic document flow is more and more widely used between entrepreneurs in the civil law sphere. Exchange of electronic documents in accordance with paragraph 2 of Art. 434 of the Civil Code of the Russian Federation is equivalent to the conclusion of contracts in simple written form.

Implementation of the Development Strategy information society in the Russian Federation involves increasing the efficiency of interaction between the state and business through the use of information technology. One of the directions of this process is the creation and integration of information systems in various areas of state regulation of entrepreneurial activity.

Information system - a set of information contained in databases and information technologies ensuring its processing and technical means(Art. 2 of the Law on Information). Information systems include information funds, databanks, libraries, archives, etc. For example, the Federal Data Bank of Tax Legislation Violations, established by decree of the Government of the Russian Federation of February 10, 1998. No. 169, non-state information and reference legal system "ConsultantPlus" etc. Information systems in various branches of government are presented in the form of such systems for accounting and registration of information as registers, registers, cadastres, etc.

Data on business entities and their activities are reflected in various information systems, for example, the Unified State Register of Legal Entities (USRLE), the trade register, the register of government contracts, the state cadastre of real estate, etc.

In recent years, information systems have been actively formed to ensure business development in various sectors of the Russian economy - the fuel and energy complex, industry, trade, public procurement1, etc. Thus, the creation of information systems is provided for by Federal Law No. 382-ФЗ dated December 3, 2011 "On the state information system of the fuel and energy complex", Art. 20 of the Law on Trade, Art. 3 of the Law on the Contract System, Art. 14 of the Law on Industrial Policy, etc.

The subjects of information legal relations are physical and legal entities, as well as public entities (RF, constituent entities of the RF, municipalities), on behalf of which powers are exercised by state bodies or local self-government bodies.

The listed subjects can act as owners or recipients of information, as well as other subjects in cases established by law.

Information owner - a person who independently created information or received, on the basis of a law or an agreement, the right to authorize or restrict access to information determined by any criteria. The rights and obligations of the owner of the information are provided by law. In particular, he has the right to determine the procedure and conditions for access to information; use and transfer it to other persons at their own discretion, take measures to protect information (clauses 3, 4, article 6 of the Law on Information).

Information is the basis for making any management decisions in business. It is necessary starting from the decision to create an enterprise, ending with the distribution of the profits. The efficiency of the managerial decisions made by the entrepreneur depends on the efficiency and accuracy of information.

It should be recalled that according to the theory of the periodization of society in economic science, 7 periods are distinguished. The industrial era is considered to be the 18th-20th centuries, the post-industrial era - from the 80s of the 20th century. In this era, the decline in the role of material production and the development of the services and information sector are noted. Therefore, for an entrepreneur, issues related to obtaining information and its use are very important.

The collection, processing, accumulation, storage, search, distribution and provision of information to the consumer, as well as the creation and use of information technologies and means of their support, are regulated by the Federal Law of February 20, 1995 No. 24-FZ "On information, informatization and information protection".

This law defines the basic concepts used in the information support of entrepreneurial activity:

• 1. - information - information about persons, objects, facts, events, phenomena and processes, regardless of the form of their presentation;
• 2. - informatization- organizational socio-economic and scientific and technical process of creating optimal conditions for meeting information needs and exercising rights to use information resources;
• 3. - information processes - the processes of collection, processing, accumulation, storage, search and dissemination of information;
• 4. - Information system- an organizationally ordered set of documents (arrays of documents) and information technologies;
• 5. - informational resources- documents and arrays of documents in information systems, i.e. in libraries, archives, funds, data banks, other information systems;
• 6. - confidential information- documented information, access to which is limited in accordance with the legislation Russian Federation.

Entrepreneurial activity is closely related to concepts such as obtaining information, accumulating, storing, processing and using information. When determining the value of entrepreneurial information, it is necessary to be guided by such criteria as the usefulness, timeliness and reliability of information. The usefulness and timeliness of information lies in the fact that it creates favorable conditions for making a correct and timely decision, in the subsequent receipt of economic and other efficiency. In this case, the information must necessarily be reliable, because inaccurate information nullifies both the usefulness and reliability. As a rule, information of interest to the entrepreneur is double-checked by him. The value of information also depends on its safety, i.e. from the possibility of information leakage. Information leakage leads to its depreciation.

According to the decree of the Government of the Russian Federation, the following are not trade secrets:

• · Organizational information (charter, licenses, etc.);
• · Financial information(documents on the calculation and payment of taxes and other payments);
• · Information about the staff of the enterprise and the conditions of activity;
• · Information about ownership (size of property).

Have the right to familiarize themselves with the listed information:

• · Law enforcement authorities on the initiated criminal case;
• · Tax services;
• · Auditing firms;
• · Business enterprises and individuals entering into a transaction with them.

Under the information support of the company's activities is understood the activity of collecting information about the state of the internal and external environment of the company, on the basis of which operational and strategic decisions are made. The success of the decisions made depends on the quality of information support, which must meet the following requirements:

• accuracy(messages contain information that corresponds to reality);
• objectivity (the selection of information does not depend on the personal views and inclinations of both the source of information and its recipient);
• completeness (the content of information is sufficient for analysis and decision-making);
• relevance (timely information received).

Sources of information may relate to the general environment, the work environment and the internal environment of the firm (Section 5.2).

The main source of information about the state of the general environment is the means mass media, which provide operational information about the inflation index, exchange rates, rates and conditions of bank loans. The data of the State Statistics Committee of the Russian Federation make it possible to assess the trends in the development of production, commodity circulation, and the population's ability to pay. For an entrepreneur, official materials on taxation, accounting, the procedure for conducting foreign exchange transactions, etc., published in relevant publications (for example, "Financial Gazette"), are always relevant.

For an entrepreneur in the book business, information about the working environment is extremely important (see, for example, Fig. 6.1), since it is based on operational solutions in the field of assortment policy, procurement and supply. The information is presented in the form of long-term plans, price lists and catalogs of companies, information on balances. The aggregate of the specified information forms information base data from the book industry in general.

Information about the dynamics of book production and book trade, ratings, prices for printing materials and services can be found in the materials of the Russian Book Chamber, industry periodicals ("Book Review", "Book business", etc.), industry reference books. Information about the state of the general and working environment is the basis for making strategic decisions, developing a company's marketing policy.

Sources of information about the state of the internal environment of the company are divided into reporting, monitoring and forecasting.

Reporting (scanning) sources contain retrospective information in the form of generalized information for a certain period. The most important source reports include:

• Economic: reports on the implementation of the company's plans for various indicators: costs; prices and margins; stocks and turnover; implementation of plans by individual departments; efficiency of equipment use.
• Marketing: implementation of the assortment plan, size and market share, data from marketing research of competitors and buyers, organization of sales and service, advertising efficiency.
• Financial: the company's balance sheet, income statement, calculated indicators of liquidity, creditworthiness and solvency, non-sales transactions, etc.
• Personnel: movement of personnel, labor productivity.
• Situational: a comprehensive report on the selected direction of development.

The abundance of reporting information can lead to its redundancy, the lack of effective structuring of reports - to difficulties in finding and analyzing the necessary information. In both cases, such reports are difficult to use for decision making.

Monitoring sources allow for almost continuous monitoring of newly emerging information about ongoing business transactions. To obtain such information, data collection is applied "in real time" using information technologies of local and industry networks, specialized sites on the Internet.

Forecast information is generated by calculation and expert analysis as information about the future (therefore, we can refer to it as planned information). Forecasts are based on economic and financial analysis using statistical (dynamic), index, factor, correlation and other methods of processing initial information. Forecasts are formulated by extrapolation, regression, economic models (linear programming, queuing, etc.). In turn, forecasts serve as the starting point for planning.

The effective activity of an entrepreneur in the book business cannot be imagined without the use of modern information technology collection, processing and transmission of information.

In our tutorial, we will not consider technologies used in word processing and preparation of original layouts, in other production publishing processes of prepress preparation, implemented with the help of computers and related, together with the corresponding printing processes, to information technology support technological processes.

By information technology we mean a complex of computational processes, personal computers and means of electronic communication, united in a computer network and constituting the information base of the company's management. A distinctive feature of the use of information technologies is the adoption of a control decision and its implementation directly by software modules, i.e. inclusion of the network into the control loop.

For information support of internal processes, the company organizes local computer network consisting of primary registrars (scanners) of operations for receiving, moving and selling book goods; computers that prepare and generate income and expense documents (invoices, invoices, specifications, price tags); specialized computers (servers) that accumulate information about commercial transactions and provide access to it for analysis and generalization.

As an example, consider the local network of the Biblio-Globus Trading House and the principles of its operation. The source for computer registration of commercial transactions is a barcode (barcode) printed on each incoming book, in which an individual publication identifier - ISBN is encoded as a combination of lines and spaces between them. Another source of registration is an incoming electronic invoice, which arrives on a diskette along with the goods and contains an invoice for the incoming batch of books in an agreed format. Acceptance of goods, data about which have already arrived in in electronic format, is performed using a scanner that reads a barcode and is connected to a computer. All data about the goods received (name, quantity, price) are compared with the data of the electronic invoice (Fig. 7.1), which in turn is compared with the order stored on the server.

All information about the accepted product is transferred to the "commodity base" server, its bibliographic description is compiled and fed to the "bibliography" database. The calculation of the number of books required in the trading floor is done by special program based on a given standard and threshold of availability and leftovers of a particular book in the trading floor.

Before entering the sales area, the goods undergo pre-sale preparation (PPP) in the warehouse or at the supplier.

Pre-sale preparation in the warehouse before sending the book to the trading floor, upon request from the server, on a specialized bar-coding printer, a label (price tag) with a barcode and retail price for the book is issued for printing. The latter is calculated automatically when the manager places an order on a computer. The warehouse is remote from the store at a considerable distance and is connected to the store server by fiber-optic communication lines, thanks to which the local network of the store has access to the local network of the warehouse.

After acceptance in terms of quantity and nomenclature, the consignment that came from the warehouse, accompanied by an internal electronic invoice, is delivered to the trading floor. The placement in the hall is carried out in accordance with the code of the heading of the classifier assigned when compiling the bibliographic description. The code sets the selling area of ​​the book (rack, shelf). The buyer, who has chosen the book for purchase, makes payment for the purchase through the cashier. The cashier reads the label with a scanner, the retail price is displayed on the electronic cash register, the cashier accepts the money and punches the check. All cash desks of the trading floor are connected to the cash server according to a special scheme (Fig. 7.2).

Sales information is stored on cash register servers and transmitted to the main server at regular intervals. From the latter, information about new arrivals of goods is taken to update the cash database.

Information technologies used to organize technological processes in the working environment of a company give an entrepreneur the opportunity to move to e-business... Business at the Speed ​​of Thought is based on information about the books on offer, the progress of a particular vendor's book sales in the store, recurring payments for books sold, and the supply of literature based on delivery standards (auto-order and auto-order). To implement such a system, the store and the supplier, in addition to the supply agreement, conclude an information exchange agreement between themselves, which provides for certain requirements for information exchange formats, exchange standards and regularity of information exchange.

In this case, the supply agreement may stipulate which of the parties carries out pre-sale preparation and additional payments for pre-sale preparation.

There are two operational commercial processes between the supplier and the recipient:

• according to the scheme offer, order, delivery;
• implementation, auto-ordering, re-delivery.

The first diagram is shown in Fig. 7.3. Basic actions:

1. The supplier forms an offer in the form of an electronic price list of the agreed format;
2. The supplier sends an offer to e-mail(other options for electronic data exchange are also possible);
3. The retail manager analyzes the offer;
4. The manager of the retail company selects and approves the order, sets the delivery standards, and sets the retail price according to the established algorithm;
5. The ordered titles go to the electronic database of the bookseller;
6. The supplier receives an order of items for delivery;
7. The order enters the supplier's database;
8. The supplier forms and delivers the order.

The second diagram is shown in Fig. 7.4:

1. The recipient's manager (administrator) accesses the database and generates an additional order in accordance with the amount of balances, divergence and delivery standards;
2. The additional order is sent by e-mail to the supplier;
3. The supplier receives an additional order;
4. The supplier's manager analyzes the additional order in accordance with the balances in his warehouse;
5. The supplier's manager records the additional order in the database and transfers it to his warehouse;
6. The recipient's manager receives an approved backorder;
7. The additional order is recorded in the recipient's manager's database;
8. The supplier delivers an additional order.

A promising embodiment of the second scheme is the supplier's access directly to that segment of the buyer's database, which contains information about the balances of the items supplied by him and the independent formation of an additional order.

Advantages of auto order and auto order:

• minimization of the volume of warehouse operations of the recipient in connection with the transition to deliveries to the trading floor;
• prompt response to demand;
• dynamic regulation of the volume of supplies in accordance with demand;
• minimization of inventory of the trading floor;
• acceleration of inventory turnover and payments for goods sold.

The disadvantages are associated with the undeveloped algorithms for the formation of threshold values ​​of the order, low discipline in the formation of additional orders, unresolved issues of pre-sale preparation and their cost; lack of industry-wide standards for electronic exchange. The experience of Biblio-Globus Trade House shows that with painstaking work with suppliers, mutual trust and a desire to cooperate, these issues can be resolved, and the parties receive mutually beneficial commercial cooperation.

The design of information technologies for commercial supply processes is impossible without the use of logistics approaches and methods (for more details, see subsection 8.6).

The development and implementation of information technologies required large capital investments, which paid off, since without a significant increase in the number of personnel, the movement of stocks accelerated, since 1996 the number of items on sale increased three times, which accordingly affected the mass and percentage of profit ... The most important management principle was confirmed: the more information a firm has, the less it risks making decisions based on it.

Implementation of information technologies and logistic methods of material and information flows should fully cover commercial business ties between most of the subjects of the book market, since the effective interaction of partners in the book business is based on a single information space. In turn, a single information space requires the development of rules for information exchange of data, general principles ensuring interoperability of in-house technologies, i.e. creation unified information platform book business.

The information platform is designed to combine information resources into a single information space. You can point to the following benefits and opportunities from the use of such information technology.

• electronic market of author's proposals;
• electronic copyright market.

For publishers:

• electronic market for publishing offers;
• accumulation of information about authors and promising publications;
• accumulation of applications for publications and reprints from wholesale and retail trade;
• electronic market of the remainder of the circulation.

For wholesale companies:

• electronic wholesale market;
• accumulation of publishing offers;
• electronic market for wholesale leftovers.

For retail:

• accumulation of publishing and wholesale offers;
• electronic bibliographic search;
• electronic stock market in retail.

The creation of an information platform does not lead to a violation of trade secrets, since contracts, delivery orders are carried out using a technology that does not allow interference from firms not participating in the book-selling process.

Investments in information technology are divided into capital (development of an information system and its adaptation, purchase of electronic equipment, laying of internal communication channels, staff training, development of internal standards) and variables (mainly depend on payments for using communication channels, access to the Internet, etc.). NS.).

Internet trade. The capabilities of information technology allowed them to be used not only as one of the elements of the wholesale trade, but also directly for the retail trade of books. Internet commerce carries out in electronic form the entire cycle of commercial and financial transactions related to the purchase / sale of books, excluding delivery. Trading operations via the Internet can be carried out by both publishing and wholesale and retail bookselling firms. The functioning of the online store is possible in several ways.

A schematic diagram of e-commerce is shown in Fig. 7.5. A server is installed in the office of the company - a hardware and software complex for accessing the Internet. The server is connected to local area network the company that provides the buyer with access to the database of the online store through the Internet page (site).

In fig. 7.5 shows a security block that is mandatory for this kind of operations, which provides strict protection of financial electronic flows from hackers.

The scheme requires about 15 thousand dollars for its implementation. A cheaper scheme provides for the lease of hardware and software (server, security system, dedicated channel) from a provider. It is best to choose a provider with the largest possible number of users, which will ensure a significant expansion of the online store's customer base.

1. What does information about a firm's work environment include?
2. What does information about the general environment of the firm include?
3. What is included in the information about the internal environment of the company?
4. Who is the reporting information for?
5. Who is the monitoring information intended for?
6. What does the expression " information technology included in the control loop ”?
7. What is meant by the expression "business at the speed of thought"?
8. What is the purpose of the local network?
9. Prospects for the implementation of an information platform?
10. What is the role of the provider?

Business support- a set of measures and activities aimed at optimizing entrepreneurial activities, establishing relationships inside and outside the company in order to achieve maximum efficiency of the enterprise, increase the level of earnings, optimize trade and foreign economic processes. Business support affects many main areas and areas of activity - information, legal, financial, security and software.

Business information support

At the present stage, one of the most important is the information component of the business. The development of the enterprise, the efficiency of the production process, the position of goods on the market, and so on, directly depend on it. without information support, it is provided for failure, because it is with the help of timely received data that it is possible to estimate its saturation, the possibility of obtaining resources, production conditions, and so on.

All information that comes to can be roughly divided into three categories .