Problems of creation and development of marketing divisions at domestic enterprises. Development of regulations for the activities of the marketing service of an entrepreneurial firm Marketing is the development of regulations for the work

The structure of most organizations is based on division by function. Over the decades of its existence, marketing has evolved from simple sales to one of the most important functional areas of the enterprise. In addition to marketing, functional areas also include:

• Production;
• Personnel Management;
• Financial management;
• R&D;
• Accounting.

It seems appropriate to compare marketing with the central nervous system of an enterprise, which receives signals from the external and internal environment, analyzes and processes them. Among other things, the marketing service is a linking and coordinating body for all departments of the company

2. Organizational structure of the marketing service

The most common types of marketing organization are:

• functional;
• Commodity;
• Market;
• Regional;
• Mixed.

Functional organization see illustrations

commodity organization

Companies with multiple products and multiple brands are often organized around single product or brand management. Such an organization does not replace the functional one, it only has additional levels of management.

Recently, in progressive marketing organizations, product managers are being replaced by teams. There are three types of such commands:

Vertical command Triangular command Horizontal command see illustrations

Regional (market) organization

The structure of a regional organization is similar to that of a commodity organization, the only difference is that it is based on the division into markets. A regional organization is preferable when there are many sales markets, their geography is extensive, and the product range is not too large or rather of the same type. Particularly suitable for multinational firms.

segment organization

The segment orientation of the marketing department is that groups are organized within the department that are responsible for working with a certain segment of potential buyers, regardless of the geographic market in which this segment is located.

Mixed structures:

• Functionally - commodity;
• Functionally - market;
• Functionally - regional;
• Commodity market;

In the conditions of developed marketing, the commodity-market organizational structure is the most promising. For a transitional economy, the functional-commodity structure is of interest, since in this structure, in contrast to the functional one, responsibility is specified.

3. Normative documents regulating the activities of the marketing service.

When organizing the activities of the marketing service, as well as any functional division of the company, it is necessary to rely on a certain regulatory framework developed taking into account the specifics of the activities of this division and approved by the top management of the company. A package of regulatory documents defines the goals, objectives and functions of the department, subordination and relationships with other departments, job responsibilities, subordination and relationships of employees within the department. Among the whole set of normative documents, the main ones can be distinguished:

• Staff schedule. Determines the staff, the amount and form of remuneration, the main functions;
• Job instructions. Determine the subordination, rights and obligations of the employee and the employer;
• Regulations on the department. Determines the purpose of the department, rights and obligations, distribution of responsibility, functions of the department;
• Marketing Standard. Determines the goals, the procedure for carrying out and the required scope of work, the methods of marketing research necessary for the activities of this company, the methods for collecting internal information and the mechanism for exchanging it between departments.

1.1. The marketing department is an independent structural subdivision of the enterprise.

1.2. The department is created and liquidated by the order of the director of the enterprise.

1.3. The department reports directly to the director of the enterprise.

1.4. Marketing Department Leadership:

1.4.1. The department is headed by the head of the marketing department, appointed to the position by order of the director of the enterprise.

1.4.2 The head of the marketing department has ____ deputy(s).

1.4.3 The duties of the deputy (s) are determined (distributed) by the head of the marketing department.

1.4.4. Deputy (s) and heads of structural divisions in the marketing department, other employees of the department are appointed to positions and dismissed by order of the director of the enterprise on the proposal of the head of the marketing department.

1. 2. The structure of the marketing department

2.1. The composition and staffing of the marketing department is approved by the director of the enterprise based on the conditions and characteristics of the enterprise's activities on the proposal of the head of the marketing department and in agreement with

2.2. The department includes

2.3. The head of the marketing department distributes responsibilities between the employees of the department and approves their job descriptions.

1. 3. Tasks and functions of the unit

No. p / p	Tasks	Functions
3.1	Development of a marketing strategy.	Organization of the marketing research process, including the following operations: Identification of the problem associated with the sale of products; Obtaining primary information (external and internal); Analysis of secondary information (external and internal); Analysis of data characterizing the market of the considered type of product; Using the results of marketing research; - ... Search and systematization of information about: Indicators of economic development of industries and regions, directions of state policy that determines the production and marketing of manufactured products and consumed types of raw materials; The current level of domestic production, the volume of imports and exports of similar manufactured products and consumed raw materials, as well as the production and import of substitute products; Consumers and market segmentation; The main characteristics of the market for each of its segments (elasticity of prevailing prices, potential and real market capacity, its saturation); Geographical distribution of the product, its export markets; - ... Collection of information about competitors in the following areas: Sales volumes in general and by market segments; Total market share; Goals and behavior in the market; Self-esteem; - ... Determination, in accordance with the chosen strategy of enterprise behavior, of an interconnected system consisting of: Supply and marketing policy: choice of marketing strategy and tactics throughout from the appearance of products to their sale, after-sales service; monitoring of operational information about the market; transition to direct deliveries of products; creation of a marketing network. Production-technological and innovation policy: minimization of production costs; bringing the quality of products in line with the needs of consumers; creation of an optimal system for providing services; increasing competitiveness based on the improvement of manufactured products and existing production technology; creation of fundamentally new products and industries. Pricing policy: setting prices for the company's products as part of its sales management policy in order to achieve the most profitable sales volumes, average production costs and the highest possible level of profit. Financial policy: analysis and planning of cash flows; choice of a strategy for attracting external resources (loans, issuing form of capital attraction); management of receivables and payables; development of accounting and tax policies; cost control and management. Investment policy: determination of the total investment of the enterprise; determination of ways of rational use of savings, combination of various sources of financing; programs to attract borrowed funds. Personnel policy: formation of ideology and principles of personnel work; planning, attraction, selection and release of employees; organization of work and personnel management; advanced training and training of employees of the enterprise; introduction of a system to stimulate their activities; development of social partnership.
3.2	Analysis of the position of the enterprise in the market, its financial and economic activities and the effectiveness of enterprise management.	Identification of the strengths and weaknesses of the enterprise relative to its competitors in the following areas: Marketing (market activity of the enterprise, pricing policy, product promotion, sales organization, the level of effective demand, the availability of export products, etc.); Production (state and level of use of existing capacities, productivity, technological structure, availability of suppliers producing products that are affordable and of acceptable quality, etc.); R&D (research activities, "know-how", patents, licenses, etc.), new developments, issued by patents, copyright certificates, etc.; Finance (capital and its structure, indicators of profitability, liquidity, sustainability, turnover, etc.), the state of settlements and payments; Personnel composition (professional and qualification composition of the enterprise's employees, motivation for work, relationships in the team, social partnership, social benefits, benefits, etc.); Management and organization (organizational structure of the enterprise, information flows, planning and control, financial management, etc.); the presence and scale of non-productive activities (objects of socio-cultural and household purposes and housing and communal services, etc.); - ...
3.3	Development of an enterprise development strategy.	Creation of conditions and programs for the transition of enterprise management from a reactive form (making managerial decisions as a reaction to current problems) to a form of management based on analysis and forecasts. Development of an enterprise development strategy based on forecasts for the development of markets for manufactured products, assessment of potential risks, an analysis of the financial and economic condition and efficiency of enterprise management, as well as an analysis of the strengths and weaknesses of the enterprise. Drawing up a list of activities necessary for the formation of an enterprise behavior strategy in the market, taking into account the following parameters: The region or territory to which the sale of products is directed, the degree of geographical differentiation of this sale; Market share to be taken; The group of consumers to which the sale of products is directed; Communication "product-market" as the basis of the concept of marketing (the choice between differential and niche marketing); Basic pricing strategy (cost leadership, differentiation, niches, etc.); Type of enterprise activity strategy (competition strategy, market expansion strategy, etc.); Qualification and practical experience of the personnel necessary for successful competition; Possibility of cooperation with other enterprises and organizations; Development of proposals for the efficient distribution and use of all resources - material, financial, labor, land and technology.
3.4	Identification of key internal and external problems of the enterprise and development of optimal ways to solve them.	Identifying the strengths and weaknesses of competitors by: The quality of manufactured products; pricing policy; promotion of goods; Sales policy; after-sales service; Forms of settlements: "live" money, prepayment, in installments; Determination of the level of competition in the product sector of manufactured products (pressure through substitute products, the ability of buyers and suppliers to come to an agreement). Drawing up, based on the results of marketing research, optimistic, pessimistic and weighted average forecasts for the development of the market, which determine the phases and duration of the life cycle for each type of product manufactured by the enterprise, and also provide an assessment of the potential risks of the enterprise. Conducting an analysis of the financial condition of the enterprise and the effectiveness of financial management, which includes: Analysis of costs, their structure and dynamics; Analysis of proceeds from the sale of products, profits (including non-operating profits and losses), profitability; Analysis of the correlation between the growth rates of the physical volume of production, the growth of wages and proceeds from the sale of products, stocks, their structure and dynamics; Analysis of the effectiveness of pricing policy; Analysis of accounts payable and receivable of the enterprise, identification of bad debts; Conducting an analysis of the effectiveness of the existing organizational structure of the enterprise and its compliance with the areas of activity of the enterprise. Identification of key internal and external problems for the enterprise. Coordination of programs of measures to reduce costs, energy and material consumption of products, its certification, solving environmental problems. Coordination of the activities of all functional units for the collection and analysis of commercial and economic information, the creation of a data bank for marketing the company's products (supply requests, production contracts, availability of stocks, market capacity, etc.).
3.5	Study of existing distribution networks and supply systems.	Conducting an analysis of existing distribution networks for products, which includes: Analysis of the effectiveness of the existing sales strategy; Analysis of the effectiveness of the use of various sales channels (direct sales, retail sales, exchange or auction sales, distribution and dealer sales schemes, etc.), including exports; Conducting an analysis of the existing supply chain, which includes: Analysis of the effectiveness of the existing supply strategy; Analysis of the effectiveness of the use of various supply channels (direct connections, through the exchange network, through intermediaries, etc.), including imports; Analysis of the development of the market for consumed types of products; Identification of more efficient suppliers; Conducting an economic analysis of the range of products, which includes: Analysis of the existing organization of production processes, supply and marketing for each type of product; Analysis of production efficiency indicators for each type of manufactured product, including on the basis of determining direct costs, as well as the costs of organizing supply and marketing, the structure of production and marketing costs, including in the context of fixed and variable costs; Preparation of proposals for optimizing the range of manufactured products, taking into account the requirements of product certification, as well as antitrust laws;
3.6	Analysis of consumer properties of products manufactured (sold) by the enterprise and the requirements imposed on it by buyers.	Definition: consumer needs for products manufactured by the enterprise, as well as products manufactured by competitors; the likelihood of new customers appearing; solvency of consumers and their compulsion in payments. Identification of consumer needs for new types of products. Participation in the development of proposals and recommendations for changing the technical, economic and other characteristics of products in order to improve their consumer qualities.
3.7		Organization of the development of a strategy for conducting promotional events in the media using outdoor, illuminated, electronic, postal advertising, advertising in transport. Organization of participation of the enterprise in regional, all-Russian, international exhibitions, fairs, sales exhibitions, which includes the following stages: Collection of information about planned exhibitions, fairs, trade shows; Participation cost analysis; Preparation of necessary materials, documents for applications for participation in exhibitions; Selection of product samples for presentation to consumers; Planning activities to offer goods to customers (display, demonstration, provision of advertising materials (posters, brochures, booklets, posters, etc.), design of exhibition pavilions, location indicators for company representatives, etc.); Preparation of proposals for the formation of the corporate identity of the enterprise. Development of proposals to improve the efficiency and quality of after-sales service for products. Managing the work of service centers for warranty service and repair of the company's products, preparing proposals for technically sound planning and production of spare parts (in terms of quantity and range).

1. Regulatory documents

4.1. External Documents:

Legislative and normative acts.

4.2. Internal documents:

Civil defense standards, the Charter of the enterprise, Regulations on the division, Job description, Internal labor regulations.

5. The relationship of the marketing department with other departments

To perform the functions and exercise the rights provided for by this regulation, the marketing department interacts:

No. p / p	Subdivision	Receipt		Providing
5.1	with general accounting	Accounting data on the movement, sales, stocks of products; Results of the inventory of material and technical resources; Standards for hospitality, travel and advertising expenses; - ...	Reports on the costs incurred for marketing research; Calculations of costs for after-sales service of products; Information about prices for material and technical means from suppliers, tariffs for transportation services, promotional activities;
5.2	with finance department	Agreed cost estimates for demand generation and sales promotion with financial justifications; Analysis of costs incurred per month (quarter, year); Information about accounts payable and receivable; - ...	Generalized data on the demand for the products manufactured by the enterprise; Marketing plans; Estimated costs for demand formation and sales promotion, advertising campaigns, participation in exhibitions, fairs, sales exhibitions;
5.3	With planning and economic department	Plans for the production of products (performance of work, provision of services) for a month, quarter, year; Changes in production plans for individual items of the commodity nomenclature, made on the basis of marketing research; Projects of wholesale and retail prices for products (tariffs for works and services) for marketing analysis; - ...	Generalized information on the demand for products manufactured by the enterprise (work performed, services rendered), including for individual items of the nomenclature; Information about the competitive environment on pricing policy, turnover volumes, competitiveness, speed of product sales; Information about the state of the market for goods (works, services); Data necessary for the formation of the commodity nomenclature of the enterprise; Proposals for changing prices for certain types of products due to changes in demand;
5.4	With the department of the chief technologist	Applications to search for information about a competitive product; Inquiries about the conjuncture of production technologies; Information about the scientific and technical capabilities of the enterprise; Conclusions on samples of competitive products; Conclusions on the possibility of production technology proposed by the marketing department of products;	Data on consumer demand for manufactured products; Information about competitive products; Proposals for the development of technology for new products; Proposals for product design; Documents and materials for participation in exhibitions, fairs; Information about new technological developments;
5.5	With a quality control department	Information about defects in manufactured products; Information about technological changes in products; Information about measures to improve product quality; Reports on checking samples of products manufactured by competing enterprises; - ...	Information about the discrepancy between the declared quality of products during the warranty period; Acts of external acceptance by the counterparty; Representations on the statement or withdrawal from warranty service; Information from the after-sales and warranty service about product deficiencies identified in the course of its use or operation;
5.6	With the production and dispatching department	Production plans and production schedules; Information about the norms of backlogs at sites and in workshops and their observance; Information about violations of the production process and the reasons that caused them;	Data on claims made to product quality;
5.7	with transport department	Operational, monthly, quarterly and annual schedules of transportation and transfer to buyers of products manufactured by the enterprise, as well as material and technical resources from suppliers; transport routes; Calculations of transport costs for delivery; Information about the routes and terms of delivery of products to buyers by competing enterprises; - ...	Proposals for changing delivery routes; Proposals for changing loading and unloading schedules; Information about the wishes of buyers and suppliers regarding changes in delivery and shipment schedules; Applications for the allocation of vehicles for the transportation of products, promotional materials, equipment for participation in exhibitions, fairs; Data on the development of new types of loading and unloading facilities, the introduction of which will reduce downtime during the loading and unloading of vehicles;
5.8	With Logistics Department	Information on concluded contracts for the supply of material and technical means; Reports of the quality control department, the department of the chief technologist, production units on the quality of material and technical resources; - ...	Generalized information about suppliers of materials, raw materials and semi-finished products required by the enterprise; Information about the prices for the required material and technical means from various suppliers, procurement organizations; Information about the appearance of new types of materials, raw materials, semi-finished products, components with the application of technical specifications; Information about the demand for material and technical means, its possible fluctuations and their causes; Information about major suppliers (estimated and actual volumes of turnover, stability in the commodity market, etc.);
5.9	with sales department	Information about concluded supply contracts; Sales plans for the month, quarter, year; Reports on the implementation of product sales plans; Applications for marketing analysis of wholesale and retail prices for products sold; Reviews of counterparties for the supplied products; Documents required for registration of participation in exhibitions, fairs; - ...	Generalized information about the demand for products manufactured by the enterprise, including for individual items of the nomenclature, and about the factors that determine it; Information about the competitive environment on pricing policy, turnover volumes, competitiveness, speed of product sales; Information about the state of the commodity market; Information about large buyers of products (estimated and actual volumes of turnover, financial capacity, stability in the commodity market, etc.); Information about planned exhibitions, fairs;
5.10	With the department of organization and remuneration, with the personnel department and with the personnel training department	Staffing tables and regulations on the structural divisions of the enterprise to link with marketing plans; Staff Regulations; Regulations on bonuses; business schedules; Plans for training and advanced training of employees; Reports on the implementation of applications for recruitment; - ...	Proposals for changing the organizational and managerial structure of the enterprise to be fixed in the staffing tables and regulations on the structural divisions of the enterprise; Information about the quantitative and qualitative needs of the enterprise in personnel; Applications for the selection of personnel for the department; A list of activities that are necessary to improve the skills of employees of the enterprise in certain areas;
5.11	with legal department	The results of legal expertise for compliance with the current legislation of the contracts, orders, instructions, instructions submitted for approval; Agreed claims and lawsuits against counterparties regarding their violation of contractual obligations; Explanations of the current legislation and the procedure for its application; Analysis of changes and additions to legislation;	Orders, directives, instructions, draft contracts for approval and legal expertise; Materials for filing claims and lawsuits against contractors and buyers regarding their violation of contractual obligations; Claims brought against the company by counterparties; Available information about suppliers, buyers, other counterparties; Applications for the search for the necessary regulatory documents and for clarification of the current legislation;

1. Rights of the marketing department

The marketing department has the right:

6.1.1. Give instructions to the structural divisions of the enterprise on issues related to the competence of the department and arising from the functions listed in this Regulation.

6.1.2. Demand and receive from the structural divisions of the enterprise the materials necessary for the implementation of the activities of the department.

6.1.3. Conduct correspondence on issues within the competence of the department and not requiring coordination with the head of the enterprise.

6.1.4. Represent in the prescribed manner on behalf of the enterprise on issues within the competence of the department, in relations with state and municipal organizations, as well as other enterprises, organizations, institutions.

6.1.5. In agreement with the director of the enterprise or the deputy director of the enterprise for commercial issues, involve experts and specialists in the field of marketing for consultations, preparation of conclusions, recommendations and proposals.

6.1.6. Make proposals to the management of the enterprise on bringing the officials of the enterprise to material and disciplinary liability based on the results of inspections.

6.1.7. Make proposals to the personnel department and the management of the enterprise on the movement of employees of the department, their encouragement for successful work, as well as proposals for imposing penalties on employees who violate labor discipline.

6.1.9. Conduct and participate in conferences, meetings, seminars on marketing issues.

6.2. The head of the marketing department approves all documents related to the activities of the department (plans, contracts, reports, estimates, certificates, etc.).

1. Responsibility marketing department

7.1. The head of the marketing department is responsible for the proper and timely performance of the functions of the department.

7.2. The head of the marketing department is personally responsible for:

7.2.1. Non-compliance with the legislation of the instructions and orders issued by the department.

7.2.2. Submission of false information, the use of which led to the complication of relations with counterparties of the enterprise, a decrease in profits, as well as damage to the business reputation of the enterprise.

7.2.3. Failure to provide or improperly provide the management of the enterprise with information on the work of the marketing department.

7.2.4. Untimely, as well as poor-quality execution of documents and instructions of the enterprise management.

7.2.5. Leaks of information that is a trade secret.

7.2.6. Non-compliance with the labor schedule by the employees of the department.

7.2.7. Overexpenditure of funds for the maintenance of the department.

7.3. The responsibility of employees of the marketing department is established by job descriptions.

1. Final provisions

8.1. If any point of the situation is found to be inconsistent with the actual state of affairs in the marketing department, the head of the department, employee or other person must contact

with an application for amendments and additions to the regulation. (The application form is presented in Appendix 1).

8.2. The submitted proposal is considered by the division specified in clause 8.1. of this provision within one month from the date of filing the application.

Based on the results of the review, a decision is made:

Accept the change or addition,

Send for revision (indicating the deadline for revision and the contractor),

Refuse to accept the proposed proposal (in this case, the applicant is sent a reasoned refusal in writing).

8.3. Amendments and additions to the regulation are approved

on submission

Head of structural unit
		(signature)	(surname, initials)
AGREED:
Head of the legal department
(signature)	(surname, initials)
00.00.2000
Familiarized with the instructions:
		(signature)	(surname, initials)
		00.00.00

Vandrikova Oksana Vladimirovna, Lecturer of the Department of Economics and Management of the branch of FSBEI HE "Kuban State University" in Tikhoretsk, Tikhoretsk [email protected]

Marketing Rules

Annotation. The article discusses the basic rules of marketing activities in the market that contribute to profit maximization and allow you to create a new generation business. Key words: marketing rules, profit, result, business, optimal solution.

In the modern world, the perception of a product has long become more important than its quality. The success of a brand directly depends on the ability to fix the correct idea of ​​the company and its products in the mind of a potential consumer. The basic marketing rules are shown in Figure 1.

Fig. 1. Basic rules of marketing

Marketing RulesAlways go all the wayPlan your marketingNever give upPermanently move in the marketStriving for a comfortable position in the market

Don't use moves twice Work with a product you know how to sell Trust your intuition Take risks in the market in emergency situations Don't be afraid of anyone in the market Always leave room for maneuver Don't do everything yourself Solve problems as they arise Success depends on luck Work by the rules Analyze everything and always Always think of a good rest For the worst Don't fly in the clouds The long struggle for your target audience between firms that sell similar products has taken the art of positioning to a new level. Today, it is the correctness of the marketing strategy that makes it possible to ensure stable sales growth and high profits. And this means that in order to conduct business effectively, it is necessary to study the laws of network promotion, important economic laws and the laws of marketing, based on the analysis of the components of success of world famous companies. From every second of its existence, any businessman, marketer wants to get the maximum benefit for himself, some get the maximum , while others do not get the maximum, does it really all depend on luck or does it all depend on the amount of money, on the number of connections?. Any point of view has a right to exist. Much, but not all, really depends on the factors listed above.

As a result of the research, another factor was identified that has the greatest effect on the result - to be guided by the rules of marketing. Compliance with certain marketing rules directly leads to maximum results and profits, if not observed, to the minimum.  The one who is ready to go to the end has a chance of success. , it will not be better, and if not, then there are chances of success.The market is not a place of constant stability and comfort - this is a place where creativity is needed, since it is he who drives the market.Everyone should do what he can do best and work only with the product that can sell.

In standard situations, plan the volume of what you want to get from the market, and when you get it, leave the market.  Markets are on Earth, so flying in the clouds will not help. further. Only the great ones get up and go again when they fall, the rest remain to “die.”  The result in the market can only be obtained gradually, it is not possible to embrace everything at once.  A plan is a specific intention to perform the listed actions, and not just an optional list of items on paper.  Standing on the crest of a market wave, success is guaranteed. examples when even the strongest companies lose and leave the market.

There should always be room for maneuver in the market.

It is impossible to do everything on your own, it is more efficient to allocate responsibilities to allocate more important things for yourself.

Not everything works out the first time, if it didn’t work out once, try again, luck is always on the side of persistent people.  Compliance with the marketing rules is the only 100% guarantee that you will act in your own interests. If you work according to the above rules, they allow you to create a new generation business, the result will not keep you waiting. Links to sources

1Podgorskaya S.V., Tarasov A.S. Evaluation of the effectiveness of marketing activities in an educational organization of an agrarian profile // polythematic network electronic scientific journal of the Kuban State Agrarian University. 2017. No. 125. With. 247257.2Vandrikova O.V. Intra-organizational marketing of universities: goals, methods and impact on the final results of activities// Thesis for the degree of candidate of economic sciences / Kuban State University. Krasnodar, 2015

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Regulations on the marketing department

I. General provisions
1. Marketing department is an independent structural subdivision of the enterprise and reports to the deputy director of the enterprise.
2. Marketing department headed by the head of department or deputy director for marketing.
3. The structure and staff of the department are approved by the director of the enterprise, based on the conditions and characteristics of production, as well as the amount of work assigned to the department.
II. Tasks
1. Development of a short, medium and long term strategy marketing and the orientation of developers and production to meet consumer requirements for products.
2. Research of consumer properties of manufactured products and requirements imposed on it by buyers; study of factors that determine the structure and dynamics of consumer demand for the company's products, market conditions; study of demand for the company's products and development of long-term, medium-term and short-term forecasts of the need for manufactured products.
3. Organization advertising and sales promotion.
4. Timely preparation and conclusion of contracts for the supply of finished products; enforcement plans delivery of products on time and according to the nomenclature in accordance with the contracts and accepted work orders; control over the supply of products by structural units.
5. Implementation of technical maintenance of manufactured products.
III. Functions
1. Analysis and forecasting major conjuncture-forming factors of potential markets for the products manufactured by the enterprise: commercial and economic, including the economic situation and financial condition of potential buyers, real effective demand for products and the ratio of supply and demand for specific types of products; volumes of supply, technical level and quality of competing products, their advantages and disadvantages in comparison with the products of this enterprise; availability of new sales markets and new consumers of products manufactured by the enterprise.
2. Research of consumer properties of manufactured products and collection of information on customer satisfaction with them.
3. Identification of advanced trends in the global production of products according to the profile of the enterprise.
4. Identification systems relationships between various factors affecting the state of the market and sales volume.
5. Analysis of the competitiveness of the enterprise's products, comparison of its consumer properties, prices, production costs with similar indicators of competing products manufactured by other enterprises.
6. Development on basis study of the conjuncture and capacity of the forecast market for effective demand for new and mass-produced products.
7. Calculation of the market capacity for the company's products.
8. Coordination and coordination of actions of all functional departments in the development of a single commercial policy.
9. Collection, systems atization and analysis of all commercial and economic information on the conjuncture of potential markets for the company's products; creation of an information and statistical data bank on marketing, including data on requests for the supply of products, their production, the presence of stocks, the use of these data to accelerate the sale of products.
10. Determination of the geographical location of potential consumers.
11. Determination of the specific gravity of products major competitors in total sales in that market.
12. Study of the structure, composition and organization of work, sales network serving this market.
13. Studying the level of organization of repair and maintenance and their impact on the sale of products.
14. Organization feedback from consumers: studying the opinions of consumers and their proposals for improving products; analysis complaints and their impact on product sales; development based on the results of consumer opinion research and analysis advertising of proposals for improving the technical level and quality of products.
15. Analysis of the methods of consideration and satisfaction of claims and complaints coming from consumers, monitoring their full satisfaction in a timely manner.
16. Analysis of the motives of a certain attitude of consumers to the products offered to them.
17. Analysis of the strengths and weaknesses of competing products; Participation in testing of new, mass-produced and competing products.
18. Strategy development advertising for each product and plan carrying out promotional activities.
19. Organization advertising through the media (newspapers, television, radio); organization and preparation of articles and information for magazines, newspapers, radio; preparation of scripts for film commercials, films.
20. Implementation of outdoor, light, electronic advertising, advertising by transport, direct mail advertising (plans mailings and one-time mailings of letters, parcels, parcels with information materials).
21. Organization participation of the enterprise in Belarusian and regional industry exhibitions, fairs, sales exhibitions; preparation of necessary documents and materials; organization sales exhibitions, exhibitions at the enterprise.
22. Organization during fairs, exhibitions and sales, showing products in action, demonstrating the advantages of products in operation, the range of possibilities for their use; organization other measures to form consumer demand for products manufactured by the enterprise.
23. Development of proposals for the formation of corporate identity, organization advertising using branded products (posters, booklets, posters, express information).
24. Provision of representatives of the enterprise going to exhibitions, fairs, exhibitions and sales with advertising brochures and other advertising documentation.
25. Ensuring branding of promotional materials and tools for market research and public demand; advertising registration of documents for the operation and repair of products.
26. Performance analysis advertising, its impact on the sale of products, consumer awareness of the company's products; determination of efficiency advertising; development of proposals for improving the organization advertising.
27. Methodical management of the dealer service in the field of sales, organization and training dealers and providing them with all necessary documentation and promotional materials for the sale of products.
28. Learning and using best practices advertising and stimulate demand at home and abroad.
29. Study and analysis of the effectiveness of the forms of delivery of equipment to consumers for each type of product manufactured by the enterprise.
30. Analysis of the organization of wholesale trade, distribution network, selection of the most optimal in terms of duration, cost and technical equipment of channels for selling the company's products, evaluation of the effectiveness of the distribution network.
31. Analysis of the state of sales of the enterprise's products, identification of products that do not have sufficient sales, determination of the reasons for this.
32. Participation in the development together with the technical departments of instructions for. operation manuals, repair manuals and other documentation.
33. Conducting a comparative analysis of distribution costs, identifying and eliminating economically necessary fundamentals these costs.
34. Formation of new needs in order to expand the market and search for new forms of application of manufactured products.
35. Development of proposals for the creation of fundamentally new products.
36. Development of proposals and recommendations for changing the characteristics, designs and production technology of manufactured and new products in order to improve their consumer properties, taking into account the opinions of users and advanced achievements; .submission of these proposals to the departments of the chief designer, chief technologist, other technological services; participation together with them in determining the parameters of new and modernized machines and technologies.
37. Participation, together with economic, design and technological departments, in determining the cost of new products and developing measures to reduce the cost of manufactured products, identifying possible economic benefits for consumers and the amount of profit the enterprise receives from the sale of new and mass-produced products.
38. Preparation of proposals and recommendations for the plan for the production of the enterprise's products in terms of range and quantity, based on the results of studying the market situation and demand for specific types of products.
39. Development of proposals for the organization marketing for 1 - 2 years in order to ensure the delivery of products to customers in the required time and in sufficient quantities, timely information about its consumer properties, establishing direct contacts with consumers, active participation in exhibitions and fairs, entering new markets, expanding the range of foreign buyers, increasing efficiency of corporate maintenance and repair.
40. Development of proposals to stimulate the sale of products that do not have demand, by improving the quality and technical level of products, organizing additional advertising, price reductions, improved maintenance, or, where necessary, the removal of products from production.
41. Preparation and conclusion of contracts with buyers, taking into account regulations for the supply of products.
42. Linking plans launching production and supplying products with production services and workshops of enterprises in order to ensure the delivery of finished products on time and in accordance with the nomenclature in accordance with the concluded contracts; participation in the formation of annual, quarterly and monthly nomenclature plans production and delivery of finished products to ensure deliveries on time and in the range in accordance with the concluded contracts.
43. Drawing up annual, quarterly and monthly plans deliveries of products in accordance with contracts and control over their implementation.
44. Organization and planning the shipment of finished products; taking measures to compensate for the debts of the shops for the supply of products.
45. Development with plans o-economic department and other services and the introduction of intra-factory economic accounting associated with the supply of products; filing claims against manufacturing shops for non-fulfillment of internal factory obligations for the delivery and shipment of products.
46. Organization and management of the work of service centers for product warranty service.
47. Organization in service centers for warranty service and repair of products that failed during the warranty period; organization business trips for teams to repair products, equipping them with spare parts and materials necessary for repair.
48. Collection of primary information about failures, malfunctions and shortcomings in the operation of manufactured products; participation in the consideration complaints; consideration of claims regarding the quality of manufactured equipment and preparation of a response to claims.
49. Development of proposals for improving the warranty service and warranty repair together with other services, as well as measures to improve the quality and reliability of products.
50. Development of proposals for technical fundamentals this planning and production of spare parts, participation in the development and approval of the range of spare parts manufactured by the enterprise.
51. Participation in the analysis of the effectiveness of measures implemented by manufacturers and design organizations to improve the quality and reliability of products.
52. Conducting supervision over the correctness of transportation, use and storage of products.
IV. Relationships marketing department with other departments
1. With chief designer department
Receives: list major changes made to the design of manufactured equipment; technical documentation for architectural supervision; drawings for units and parts of machines (updated copy); instructions for operation, maintenance and aggregation of equipment; test cards; reports on the reliability of equipment in normal operation; guidance material on the collection and processing of reliability information; technical documentation for the repair and operation of equipment; technical conditions and technical specifications for newly developed products for approval; approved terms of reference; information about the removal from production of obsolete machines; specifications, descriptions of benefits, test results and other data on new machines necessary to organize them advertising; sets of technical documentation; drawings of containers, packaging (as needed); regulatory and technical documentation necessary for the implementation of pre-sales and warranty service.
Provides: information and reports on the level of reliability of manufactured equipment, on identified defects and failures; analysis.and proposals for complaints and equipment failures in normal operation; certificates, lists on architectural supervision; technical documentation for approval; consumption of spare parts/warranty service; information about product quality; proposals for the development of repair and operational documentation; agreed technical specifications for newly developed products; proposals and recommendations for the creation and production of new types of equipment, improving the characteristics and designs of manufactured products, expanding the possible range of its application, developed on basis the requirements and wishes of consumers, the creation of product modifications in relation to certain geographical zones, the characteristics of soil and climatic regions, the improvement of finishing, coloring, packaging, conservation, ensuring the improvement of the aesthetic appearance of products, their safety during transportation and storage, improving maintainability and approaches to repairs , increasing the reliability of individual units, assemblies and parts, using new and improved materials, their heat treatment and hardening, increasing the level of unification and normalization of machine designs, improving technical conditions for new products, and removing obsolete machines from production.
2. With the department of chief technologist.
Receives: sets of technological documentation (as needed); sets of technological documentation for conservation, packaging, loading and unloading and transport and storage operations (technical processes and instructions), technical processes for the restoration of individual parts and assemblies.
Represents: proposals for the improvement of technological processes and the quality of manufacturing, painting, conservation, packaging, loading and unloading operations; information about complaints and defects of manufactured equipment in normal operation conditions; assignments for the development of technology for the restoration of individual components and parts; proposals for improving the quality of manufacturing, assembly and testing of equipment.
3. With the department (bureau) of technical preparation of production.
Receives: a plan for preparing the production of new products.
Represents: proposals for improving the preparation of production of new products and accelerating the equipment of individual technological operations in order to improve the quality and reliability of products.
4. With R&D department.
Receives: conclusions. about the results of the study reclamation knots and details.
Is: reclamation knots and details for research; proposals for working out the use of new materials, progressive methods of painting electroplated coatings, conservation, manufacturing and heat treatment of parts, assembling units and products.
5. With the department (bureau) of technical information
Receives: photographs for technical reports, translations of scientific and technical publications (by order), comparative data on products, production technologies, technical and economic indicators of this and relevant advanced and foreign enterprises. .
Represents: orders for the production of photographs for technical reports; applications for information search; acquisition of photocopies (microfilms, economic literature); requests for translations of foreign materials on marketing; applications for original materials for photography, for reproduction of materials from microfilms; poster advertising publications (leaflets, posters), branded souvenirs and promotional films.
6. With standardization and normalization department
Receives: draft orders and instructions for the introduction of new and change in existing standards; information on the introduction of new and changes in existing standards; regulatory and technical documentation for standardization (upon request), including for containers, packaging, painting, electroplating; draft standards for recall; work plan for standardization and unification.
Represents: reviews on draft standards, applications for normative and technical documentation on standardization; project proposals plans for standardization and unification.
7. With patent and license department.
Receives: conclusions on the verification of patent cleanliness of products.
Presents: proposals for inclusion in the work plan for inventions.
8. With foreign relations department.
Receives: orders for export deliveries with shipping details and subsequent changes; a list of work orders for execution for the planned period along the routes for ordering wagons; approved plans for international scientific and technical relations; plans for the introduction of advanced experience of foreign countries; plans for specialization and cooperation in production; proposals of foreign organizations on the establishment of cooperation; project plan deliveries of machines by groups of countries for the planned period.
Represents: copies of reports on the supply of products for export by year, quarter, month, data on the configuration and shipment of products for export in accordance with the tasks and conditions of work orders; proposals for plans for international scientific and technical relations; plans for cooperation with foreign countries; applications for obtaining from foreign organizations technical documentation and information about new equipment and technology, market conditions; conclusions on the proposals of foreign organizations on technical and scientific cooperation; offers and conditions for the purchase of licenses and samples of new foreign equipment; a list of measures aimed at improving the quality and improving the design of machines in order to meet the requirements of the external market and increase the competitiveness of products.
9. With production and dispatching department
Receives: annual, quarterly and monthly production plans, including spare parts; operational monthly plans-schedules for their delivery to the warehouse of finished products; changes to production plans; tasks for the delivery of the reserve fund of spare parts by the workshops of the plant.
Represents: information on the volume and range of spare parts produced by the enterprise, necessary for warranty service of the manufactured equipment, in order to include them in the production plan of the schedule for the shipment of spare parts; assignments for the prompt resolution of warranty service issues not provided for by the work plan; daily information about the shipment of products; daily report on the shipment of products and spare parts for export; a list of products for which the delivery of products is behind the agreed schedule; operational applications for accelerating the manufacture of certain types of products; quarterly data on the total quantity of products according to the nomenclature provided for by the concluded contracts; plans th nomenclature of the reserve fund of spare parts for the year for issuing tasks to workshops for their manufacture; projects of monthly assignments for the manufacture of parts and assemblies to the reserve fund of spare parts.
10. With logistics department.
Receives: limits on fuels and lubricants and other materials necessary for the work of the department and service centers: schedules for the delivery of materials to the enterprise.
Represents: applications for fuels and lubricants, agreed with the transport department; applications for all necessary materials with an indication of the time of their delivery.
11. With foreign cooperation department
Receives: purchased products for warranty repair, maintenance and restoration of equipment.
Represents: information on purchased products for warranty repair, equipment restoration service.
12. With transport department.
Receives: guidance materials on the use of vehicles; reporting forms on the use of vehicles and the consumption of fuels and lubricants.
Represents: annual, quarterly and monthly plans for the shipment of finished products; planned changes plans shipments; applications for the supply of railway rolling stock, containers and vehicles for a month, quarter, year, as well as daily applications for the shipment of finished products; applications for batteries, tires, fuels and lubricants and other materials; reports on the use of transport and on the consumption of fuels and lubricants.
13. With the department of organization of labor and wages
Receives: advisory and guidance materials on the organization of wages and material incentives, compliance with labor laws; .staffing; position about bonuses; collective agreement, work schedule of the enterprise.
Represents: proposals for improving the organization of labor, systems remuneration and material incentives, draft staffing tables; reports on the implementation of measures of the collective agreement, the necessary data and materials for the analysis of the state of the organization of labor and wages.
14. C plans o-economic department.
Receives: annual, quarterly and monthly production plans; plans for self-supporting performance indicators of the department; wholesale prices for manufactured equipment and spare parts for it; price changes; draft prices for new products; methodological materials on the issue of planning. and internal cost accounting.
Represents: for approval, cost estimates for works and services performed by the department; estimates for the maintenance of the department and service centers; reports on the implementation of self-supporting indicators and organizational and technical measures; proposals for changing prices, based on market conditions and the state of demand for these products; information about the shipment of products to consumers; information about the balance of finished products in the warehouses of the sales department; data on underdelivery of products, the amount of underdelivered products under contracts for the reporting month and on an accrual basis from the beginning of the quarter (year); progress report plan deliveries subject to concluded contracts; information about the balance of finished products.
15. With accounting
Receives: accounting data on the movement, sales and balances of finished products for the reporting period for analysis and planning; the results of the inventory of finished products; data on the availability of finished products in the warehouse in total terms on the 1st day of each month; directive and methodological materials to ensure the correct conduct of accounting; information on travel expenses (monthly, quarterly, annual); pay slips, payroll.
Represents: bills of lading and documents attached to them for the shipment of finished products; statements for the railway tariff; calculation of costs for warranty service; documents for the balance sheet; certificate of the standard cost of the reserve fund of spare parts; documents on business trips of specialists; documents on the receipt and consumption of finished products.
16. With finance department
Receives: bank notifications about letters of credit issued by buyers and customers (for execution); approved standards of working capital for finished products; information about buyers who have delayed the payment of invoices, payment requests for shipped products or refused to accept them.
Represents: plans for the shipment of marketable products; documentation for shipped products no later than the first half of the day following the shipment of products; daily information about the shipment and the balance of finished products in warehouses; contracts for the supply of finished products (for approval); data on stocks of finished products and their compliance with standards; payment requests for issuing invoices for collection to enterprises and collecting amounts for low-quality products from suppliers of spare parts.
17. With human resources department and technical training department
Receives: recommendations on the selection and placement of personnel; plans for the training and advanced training of workers, specialists and employees.
Represents: reporting on the movement, selection, placement and education of personnel; reserve for promotion to managerial positions; applications for the need for personnel; timesheets or other documents for recording working hours; applications for advanced training of employees of the enterprise.
18. With technical control department
Receives: reports on defects identified at the enterprise in the manufacture of products; certificates of external acceptance for verified advertised purchased products; documents certifying the quality of products (certificates, passports).
Represents: information, summaries, information on complaints for equipment in normal operation; information on defects found in equipment in normal operation due to the fault of the production workshops of the enterprise; information on claims received from service centers; purchase documentation reclamation assemblies and parts for presentation to supplier plants; acts of technical expertise.
19. With the legal department
Receives: endorsed draft contracts; endorsed draft orders, orders and other documents of a legal nature or drafts of these acts without a visa, but with a conclusion on the inconsistency of certain provisions with the law with proposals on the legal procedure for resolving the issues under consideration; conclusions or responses to claims and lawsuits filed by counterparties regarding the improper performance of contractual obligations by the enterprise; prepared claims and lawsuits against other companies, organizations, individuals; "proposals to eliminate violations of the law identified during the audit.
Represents: draft contracts to verify their compliance with the requirements of legislation and validation; draft orders, instructions and other documents of a legal nature to verify their compliance with the requirements of the legislation and visa; claims and lawsuits of counterparties regarding the improper performance of contractual obligations by the enterprise for giving opinions or preparing answers; materials for filing claims and lawsuits against other enterprises and organizations, individuals; documents, certificates, calculations and other information necessary to perform the functions assigned to the legal service.
20. With the execution control department.
Receives: signed (or with remarks) outgoing (copies) and internal documents; incoming documents for execution and for management,
Submits: prepared for signature outgoing (response and initiative) and internal documents; statements, reports and memos sent to the management of the enterprise for consideration; agreed, endorsed or with remarks internal organizational and administrative documents.
21. With production workshops
Receives: information about the measures taken to eliminate manufacturing defects; documents for mutual settlements.
Represents: information about the identified defects due to the fault of the workshops, by ownership, acts of technical expertise on advertising rational parts, assemblies and acts-claims coming from the place of operation of the machines; orders for the repair (restoration) of units, assemblies of machines; conclusions on parts and assemblies in connection with the certification of production and systems quality; information on the manufacture of parts and assemblies necessary for the restoration of warranty machines; documents on mutual settlements; acts-claims related to the quality of manufacturing parts and assemblies.
V. Rights
Boss marketing department has the right to
1. Require the divisions of the enterprise to submit materials necessary for the implementation of work that is within the competence of the department.
2. Make proposals that take into account the requirements of consumers for the development and organization of production of new products, modernization, improving the reliability, quality and competitiveness of products.
3. Give suggestions on how to eliminate the shortcomings in the design and production technology of products that have come to light during their operation with consumers.
4. Represent in economic, plans th, supply and marketing, transport and other organization x on issues related to planning and organizing the supply of finished products, maintenance and marketing.
5. Control the production departments in terms of the manufacture of products, the delivery of which to the warehouse of finished products lags behind the agreed schedules.
6. Analyze the causes of failures and make proposals for improving designs and improving the quality of manufacturing products (products).
7. Determine main areas of activity of the department, establish a range of issues related to the duties of employees, the nature of work, their responsibility, approve job descriptions for employees of the department.
8. Make proposals for bonuses to employees in accordance with the current ones at the enterprise systems wages.
9. To impose, in accordance with labor legislation, disciplinary sanctions on employees of the department for violation of labor and production discipline.
10. Involve, in accordance with the established procedure, specialists from research institutions and educational institutions, as well as employees of the enterprise to conduct research to study market conditions, needs and effective demand, advertising, maintenance and repair.
11. Organize exhibitions-fairs for the sale of their products in the conditions of wholesale trade.
VI. Responsibility
1. Full responsibility for the quality and timeliness of the fulfillment of the tasks assigned by this Regulation the department of tasks and functions is carried by the head marketing department.
2. The degree of responsibility of other employees is established by job descriptions.

Marketing specialists must know not only professional marketing procedures, but also be able to correlate this knowledge with legal norms, rules of conduct established in society. Marketing activity, in general, involves the coordination of the external and internal environment to achieve the goals. Moreover, it is known that the internal power of marketing is controllable, and the external one is not amenable to influence, and the subject of marketing activity must adapt to it, navigate and take it into account.

Law is a system of generally binding rules of conduct that are established and protected by the state, express the general and individual interests of participants in legal relations and act as a state regulator of public relations. Each element of the external and internal marketing environment is closely related to certain regulatory legal acts. In addition to knowledge of general legal issues, an in-depth study of special legal norms that reveal and detail marketing activities is also necessary. Law is an integral part of the external environment (macro- and microenvironment) and represents the will of the state, expressed in the rules of law. .

Within the framework of the microenvironment, law regulates the relationship of the subject of marketing activity with other participants in market relations, and it is legal knowledge that can allow:

• a) properly build their relations with consumers, meet the needs to the maximum and realize their economic interests;
• b) avoid problems associated with antitrust laws;
• c) choose the most effective type of civil law contract with an intermediary.

Considering the marketing complex through the prism of legal regulation, one should rely on the legislation regulating its components (goods, distribution channels, prices, marketing communications). To characterize the marketing mix, in particular, it is necessary:

knowledge of the issues of legal regulation of means of individualization and means of safety of goods, methods of state management of the quality of goods;

knowledge of the legal aspect of organizing and formalizing the delivery of goods, since each distribution channel is drawn up by an independent economic and legal agreement (for example, a retail sale and purchase agreement, a supply agreement, an agency agreement, a commission agreement, an agency agreement, a leasing agreement, etc.);

knowledge of the legal regulation of trade, pricing, advertising, public relations, legal means of protecting the business reputation of participants in marketing activities.

Thus, many marketing issues are related to the need to correlate them with legal norms. Knowing the intricacies of the legal regulation of this sphere of social relations will lead to an increase in the efficiency of the use of marketing research and activities by business entities. The lack of a correct legal assessment of most situations that arise in marketing activities can cause unnecessary costs and serious errors in the activities of an economic entity.

Marketing activities are subject to both general provisions of law and special rules. Sources of legal regulation of marketing are very numerous, complex and contradictory. The main ones are normative acts, which differ in the level and type of the body that issued the act. Depending on which body adopted the normative act, its legal force is determined.

The main source in this area is the Civil Code of the Russian Federation, which has the status of a federal law, sometimes referred to as the "economic constitution". The Civil Code of the Russian Federation contains many norms regulating the elements of the marketing complex, contracts used in the field of marketing, as well as various areas of marketing activity depending on the market area, type of product, types of consumers, business area (insurance, construction, transport, banking marketing, etc.). d.).

In addition to the Civil Code of the Russian Federation, the most important link in the system of sources of legal regulation of marketing are other federal laws that can be typified depending on the area of ​​marketing:

• 1) the relationship of subjects of marketing activities with consumers is regulated by the norms of the Law of the Russian Federation "On Protection of Consumer Rights" (as amended on January 9, 1996);
• 2) sales issues - by federal laws of December 13, 1994 N 60-FZ "On the supply of products for federal state needs", of October 29, 1998 N 164-FZ "On leasing";
• 3) relations arising in the field of marketing product policy - Federal Law of December 27, 2002 N 184-FZ "On Technical Regulation", Law of the Russian Federation of September 23, 1992 N 3523-1 "On Trademarks, Service Marks and appellations of origin of goods";
• 4) pricing - by Federal Law No. 41-FZ of April 14, 1995 "On State Regulation of Electricity and Heat Energy Tariffs in the Russian Federation";
• 5) competitive relations in the field of marketing - by the Law of the RSFSR of March 22, 1991 "On Competition and Restriction of Monopolistic Activities in Commodity Markets", federal laws of June 23, 1999 N 117-FZ "On Protection of Competition in the Financial Services Market", dated August 17, 1995 N 147-FZ "On natural monopolies";
• 6) marketing research, obtaining, using and disseminating marketing information - Federal Law of February 20, 1995 N 24-FZ "On Information, Informatization and Information Protection", laws of the Russian Federation of December 27, 1991 N 2124-I "On Means mass media", dated July 9, 1993 N 5351-1 "On copyright and related rights", dated September 23, 1992 N 3523-1 "On the legal protection of computer programs and databases", Patent Law of the Russian Federation dated 23 September 1992 N 3517-115 and others;
• 7) promotion of products - Federal Law of July 18, 1995 N 108-FZ "On Advertising";
• 8) legal support of marketing in various fields of activity, determined by the market area, type of product, type of consumers and business area, is carried out:
  • - Federal Law No. 39-FZ of April 22, 1996 "On the Securities Market", Law of the Russian Federation of February 20, 1992 No. 2383-1 "On Commodity Exchanges and Exchange Trading"18 - marketing in the securities market and commodity exchanges, including marketing of trading and intermediary services in exchange activities;
  • - Federal Law "On Banks and Banking Activities" (as amended on February 3, 1996) - marketing of banking activities;
  • - Law of the Russian Federation of November 27, 1992 N 4015-1 "On the organization of insurance business in the Russian Federation" - insurance marketing;
  • - Federal Law of November 24, 1996 N 132-FZ "On the basics of tourism activities in the Russian Federation" - marketing in the field of tourism activities;
  • - Federal Law of October 13, 1995 N 157-FZ "On State Regulation of Foreign Trade" - international marketing, etc.

Naturally, the norms governing marketing are contained not only in the Civil Code of the Russian Federation and other federal laws, but also in by-laws - decrees of the President of the Russian Federation, government decrees, acts of ministries and other federal executive bodies, which also play an important role in regulating marketing activities.

Among the by-laws that mediate marketing activities, in particular, are:

Decree of the President of the Russian Federation of February 28, 1995 N 221 "On measures to streamline state regulation of prices (tariffs)" and a similar Decree of the Government of the Russian Federation of March 7, 1995 N 239, which regulate pricing in marketing;

Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of January 19, 1998 N 5524;

Rules for consumer services for the population in the Russian Federation, approved by Decree of the Government of the Russian Federation of August 15, 1997 N 102525;

Rules for the provision of public catering services, approved by Decree of the Government of the Russian Federation of August 15, 1997 N 103626, regulating the scope of sales;

The procedure for considering cases on signs of violation of advertising legislation, approved by order of the State Committee of the Russian Federation on Antimonopoly Policy and Support for New Economic Structures of Russia dated November 13, 1995 N 14727, related to the regulation of marketing communications, as well as competitive relations in marketing

Since Russia is a federation in its state structure, the system of sources regulating marketing also includes acts of the constituent entities of the Russian Federation. Their hierarchy in terms of legal force is basically identical to the federal one. Among such acts, for example, the Rules for the placement of outdoor advertising and information in Moscow, approved by the Decree of the Government of Moscow of January 22, 2002 N 41-PP28.

In the field of marketing activities, corporate (local) regulations are widely used. Such acts regulate economic activities at the level of enterprises and are adopted by their founders or by the enterprises themselves. The purpose of local rule-making is, in particular, the formation and consolidation in regulatory documents of the rules for the marketing activities of an economic entity. For example, the regime of a trade secret as a type of marketing information in an organization may be regulated by a local regulatory act - a regulation on the trade secret of an organization.

For the greatest efficiency of each structural unit of the enterprise, special documents are developed and issued that regulate intra-economic relations, determine the scope of activity, rights, duties and responsibilities of departments and personnel. In particular, the regulations on the marketing service and other departments involved in marketing activities at the enterprise, for example, the Regulations on the commercial center (CC) of the Joint-Stock Moscow Company "Plant named after I. A. Likhachev" (AMO ZIL), Regulations on the marketing and sales promotion department KC AMO ZIL, as well as enterprise standards, job descriptions, orders of top management aimed at regulating marketing.

The sources regulating marketing, in addition to normative acts, include business customs used exclusively in the field of business relations. According to Article 5 of the Civil Code of the Russian Federation, “A customary business practice is a rule of conduct that has developed and is widely used in any area of ​​business activity, not provided for by law, regardless of whether it is recorded in any document” . Only such practices that are contrary to the provisions of the law or the contract binding on the participants in marketing activities are not subject to application.

The customs of business turnover, in essence, fill in the gaps in the legislation. The legal significance of customs lies in the fact that they are in order of application after the normative legal acts and the contract. Customs are widely used in foreign trade marketing, in the marketing of shipping (see, for example, Articles 134-135 of the Merchant Shipping Code of the Russian Federation).

Along with internal laws and other normative legal acts, generally recognized principles and norms of international law serve as sources of regulation of marketing relations. They are contained in the UN Charters, declarations and resolutions of the UN General Assembly, documents of other international organizations on the most general and global issues of the international legal order, multilateral treaties (conventions), decisions of the International Court of Justice. International treaties of the Russian Federation can be both bilateral, for example, on trade, economic cooperation between two states, and multilateral, for example, the Eurasian Patent Convention (Moscow, September 9, 1994), the Paris Convention for the Protection of Industrial Property (Paris, March 20, 1883). ). As examples of sources of international private law governing marketing, one can name the UN Convention on Contracts for the International Sale of Goods (Vienna, April 11, 1980), International Rules for the Interpretation of Trade Terms - INCOTERMS-1990, etc. .

Russian legislation adopted many provisions of international law and international treaties. The norms of international documents apply to marketing relations with the participation of foreign individuals and legal entities, determine their legal status, the rights of foreigners to property located on the territory of Russia, the procedure for conducting foreign economic transactions, the procedure for applying the legal consequences of causing harm to foreigners and foreigners on the territory of Russia, and much more . At the same time, they are sometimes applicable to relations between Russian individuals and legal entities - for example, in the field of transport marketing in the international transportation of goods, passengers and luggage carried out by Russian carriers. As a general rule, international treaties of the Russian Federation apply directly to marketing legal relations. However, the application of some of them requires the issuance of a domestic act, the so-called implementation. If an international treaty of the Russian Federation establishes other rules than those provided for by national legislation, then in accordance with Art. 15 of the Constitution of the Russian Federation, the rules of an international treaty apply. It must also be said that the international treaties concluded by the USSR are, as a general rule, binding on the Russian Federation as its legal successor, unless the termination of these treaties has been specifically announced.

Being a superstructural category, by its nature, law reflects social needs, the nature of social ties that arise in a given society. The content of law, as well as its ability to influence the behavior of people and business entities, is primarily dictated by the economic basis, which is outside the brackets of the legal fabric, those socio-economic phenomena that determine the specifics of the legal shell at the appropriate stage of social development.

In our country, legislation regulating marketing activities is rapidly developing, which is predetermined by the conditions of the transition period to market relations. The development of the Russian economy requires effective legal norms, including marketing ones, which is currently lacking in the civilized development of the domestic national economy. State leaders, economists and lawyers constantly talk about this; this is of great importance both on a national scale, because it is the development of this area of ​​law that now determines the development of the domestic economy, and at the level of individual industrial enterprises, which represent the basis of the market economy system.

In view of the foregoing, as well as many other factors, in our opinion, the determinants of the formation of marketing law35, rooted both in the law itself and in legal circulation, are crystallizing. Moreover, these determinants cover not only the domestic legal system, but also the international legal environment and consist, in particular, of the following.

The urgent objective need for legal regulation of marketing activities in the Russian Federation should generate the emergence of a new legal mechanism and language that must be mastered, should lead to the formation and differentiation of concepts, the definition of differences, the identification of clearer classification criteria and the creation of appropriate typologies, the differentiation and ordering of legal knowledge, accumulation of material in the given area of ​​scientific and practical knowledge.

Effective marketing activity predetermines the commercial success of an entrepreneur in the market. At the same time, modern marketing services and other participants in marketing activities have needs based on the experience of practical work in modern Russian conditions. Subjects of marketing, adapting to these conditions, develop certain rules of the game, which must be used in the law-making activities of legislative bodies at all levels, transforming these developments into legal forms. At the same time, legal doctrine is forced to respond to these determinants by revising its concepts, views, approaches, conclusions, judgments, ideas, concepts and theories. This reaction leads, as we see it, to the emergence in the bowels of Russian jurisprudence of a phenomenon that can already now be called marketing law.

The study of any legal phenomena or elements of the legal language reflecting them should begin with the definition of a set of values ​​of the initial concepts. At the same time, the accepted content of a certain legal concept, definition reflects (to some extent) the history of the development of science, its experience and customs. It is in this connection that we will first try to understand what meaning should be invested in the concept of "marketing law".

The term "marketing law" due to its novelty is not yet practically used in scientific and methodological literature and practice, but its content follows from the name itself. At the same time, we believe that, being launched into the lexical circulation by participants in the communication process, information exchanges - lawyers, marketers, business leaders, just citizens - it will become used; it will begin to be understood and invested in it with a meaning that reflects the unity of opinion or agreement. It seems that, having become the object of scientific attention, the term "marketing law" should gradually become widely used, acquire not just content, but content with information and regulatory potential. This content should be considered from two points of view: first, as a given; secondly, as something that, if necessary, can and should be corrected.

Until recently, what is now called marketing law by some experts existed in the form of several independent and independent blocks.

The first block was represented by horizontal legal relations that developed between legal entities and individual entrepreneurs without forming a legal entity regarding the implementation of marketing activities. These legal relations have traditionally been regulated (in general terms) by the norms of civil law. The regulation itself affected only the outer shell of marketing legal relations, without creating mechanisms to reflect the needs of participants in marketing activities. In addition, many areas of marketing activities were not covered by the legislation.

It is obvious that on the scale of one branch of civil law, full and detailed regulation of marketing activities is impossible, since the legal relations arising in this area do not fully correspond with the principles and method of civil law. It is hardly possible to talk convincingly about the legal equality of the seller and the buyer, the economic entity and the antimonopoly body. It does not find wide application in marketing legal relations and the cornerstone principle of civil law - the principle of optionality.

The legal regulation of marketing in the Russian Federation is accompanied by endless references to by-laws, which are often completely unrelated to the requirements of federal and regional laws and, due to their actual applicability, are more significant than the letter of the law.

The second block of marketing legal relations related to the organization and activities of the executive bodies of state power, "supervising" marketing activities, was considered within the framework of administrative law and related industries. And this is quite understandable, since before the start of market reforms in Russia, all economic entities were state-owned, that is, they were the recipients of planned targets emanating from the state and totally controlled by the state. The marketing activity itself did not correspond to its nature, and the legal relations that developed in the course of its implementation could be called public relations with full confidence.

In our opinion, the expediency and necessity of using the terms "marketing law" and "marketing legislation" are beyond doubt. Marketing legislation as a complex industry with its own pedigree dating back to civil, economic (business) and administrative law can be viewed as an integrated system of legal norms governing the rights, obligations and responsibilities of the parties in marketing and related legal relations. This term has the right to exist also because it is necessary to somehow highlight and designate a range of norms, one way or another related to marketing activities. So, for the sake of convenience for practical use, they rightly speak of corporate, competitive, banking, exchange, privatization, competitive, service and other law.

The norms for the legal regulation of marketing activities exist in any state, constituting, as a rule, a special complex branch or sub-branch of law, that is, they are allocated to a separate area of ​​legal regulation. This makes it possible to ensure the effective development of marketing activities, create the necessary legal conditions for its implementation, protect both the private interests of the subjects of marketing activities and the public interests of the state and society as a whole.

Thus, approaches to substantiating the formation of marketing law are based on the above conclusions. In any case, one thing is clear: there is a need for legal regulation of marketing activities in the Russian Federation. This is confirmed by practice, Russian and world experience. The orientation of legal regulation is formed and revealed on the basis of subjective and objective criteria. It is not possible to carry out such an orientation separately from the positions of public or private law taken in their traditional branch structures. Marketing law is necessary, hypothetically (in science) and really (in practice) having an organically complex character, with specific principles, subject matter, boundaries and methods of regulation.

The problem of defining the concept and content of marketing law should be considered based on the conceptual tools that have developed in domestic jurisprudence.

According to the prevailing opinion in legal science, it is customary to single out basic, special and complex branches of law. So, from the position of S. S. Alekseev, all the normative material is first assembled into "profiling, basic" branches, which include the branches of constitutional, administrative, civil, criminal law and the corresponding two last branches of procedural law, then into special branches (labor , land, financial, etc.) and, finally, complex industries, for which "characteristic is the combination of heterogeneous institutions of profiling and special industries" .

Russian marketing law, as a specialized complex branch of law, is designed to regulate closely related vertical and horizontal relations that arise in the field of marketing, that is, relations in the field of marketing research, product promotion, product policy, pricing, sales, and others (which in the organic aggregate can be called marketing), emerging in the process of production and economic activities of business entities.

At the heart of such a combination of these public marketing relations is an object, which gives rise to rights and obligations that make up the content of these legal relations: the organization of marketing activities by business entities.

Marketing is one of the generally recognized branches of economic science and academic disciplines39, which, like accounting, for example, requires specific legal understanding and regulation.

Being an integral element of a market economy, marketing has a number of significant features that distinguish it from other areas of economic activity. Such features are based, first of all, on the key principle of marketing: to produce what is sold, and not to sell what is produced. These features include the following specific elements of marketing:

comprehensive market research and the use of various marketing tools;

product line planning;

sales operations planning;

commodity circulation management;

organization of pre- and after-sales customer service;

formation of pricing policy.

These areas allow you to solve the specific problems of modern marketing, namely:

• - careful and comprehensive study of the market, demand, tastes and desires of consumers;
• - adaptation of production to these requirements, the release of goods that meet demand;
• - impact on the market and public demand in the interests of the company.

Thus, the specificity of marketing as an object with the necessary theoretical legal understanding and regulatory legal regulation is that it involves such a system for organizing the economic activity of a company in which the development, production and marketing of goods, the performance of work and the provision of services are carried out on the basis of a comprehensive analysis market and real needs of consumers in order to obtain high profits. In marketing, considerable attention is paid to the appearance of the product, its consumer characteristics, and after-sales service. All this should be taken into account when determining the subject of regulation of Russian marketing law.

The subject of marketing law is a complex of public relations associated with various areas of marketing activities, including marketing communications, product policy, pricing, product distribution, competitive relations and marketing research.

There are three interrelated groups of relations included in the subject of marketing law. The main ones are directly marketing relations, that is, those that arise in the process of marketing activities, including marketing research, the use of marketing tools, etc.

Often, marketing relationships can be closely related to other, non-commercial relationships (for example, such relationships develop when obtaining quality certificates for manufactured goods). This activity is not directly marketing, but creates a base, and sometimes represents a necessary condition for marketing activities.

Finally, the subject of marketing law includes vertical relations between the state and the subjects of marketing activities. This group should include relations on state regulation and control in the field of advertising, standardization, state regulation of prices, antimonopoly regulation.

The fundamental legal institutions of Russian marketing law, which are also of a complex nature, are:

legal regulation of marketing research, receipt, use and dissemination of marketing information;

legal regulation of marketing communications;

legal regulation of product policy in marketing;

legal regulation of market pricing as a category of marketing;

legal support for the functioning of commodity circulation corridors;

legal regulation of consumer protection in the field of marketing;

legal regulation of competition as a factor in the marketing environment;

legal support of the organization and management of marketing at the enterprise;

contractual relations of subjects of marketing activity;

liability for violation of marketing laws.

All the norms of the institutions of marketing law listed above can be divided into substantive, procedural and procedural, organizational. If we analyze the marketing legislation, we can see that all these norms are found in it, although they are often not deployed, sometimes they are contradictory. But this is just a fairly understandable state of the new branch of law, which is in its infancy.

In any case, it is already clear that the norms of marketing law are not reducible to civil law; the fact is that even in the construction of private law marketing legal relations there will always be a restriction expressing public interest.

Therefore, only a meaningful description of the marketing law itself, that is, a selected set of norms, and an analysis of the system of theoretical and methodological judgments associated with them, serving them, can bring final clarity to the problem of specificity, independence, and the status position of marketing law. In this regard, it seems important to once again emphasize the importance of the pragmatic approach: if a group of norms is actively developing and filled with content that is missing in other industries, then this eliminates any conservative theoretical considerations about the established system of law, the concept of the industry and the purity of scientific classifications, although, of course, not discards them completely.

Indeed, in the old days, at the previous stages of the development of law, it was possible to put almost all commercial and other economic relations within the framework, for example, of the Napoleonic Code or in Soviet law - to regulate almost the entire set of such relations within the civil law branch. Now it is impossible to take into account all the diversity of business relations within one or two industries, because modern law is developing, branching out, specializing and detailing in various industries in order to more effectively regulate - taking into account all the subtleties - various "sections" of social relations. This is all the more important in the field of marketing, which represents the "basis of foundations", the philosophy of all economic life in a market environment.

Thus, we are talking about a comprehensive legal regulation of a stable group of social relations. It seems that in the future it is necessary to adopt a law on marketing activities, and perhaps a Marketing Code. This idea is supported by academic economists and marketing practitioners.

Modern domestic legislation regulating marketing activities is sufficiently unified for the use of international teachings on marketing relations and their legal support in the Russian legal order, which basically receives the specifics of European continental law. These provisions must be applied taking into account our national characteristics.

The need for the development and use in practice of marketing law has become especially felt recently in connection with the intensification of competition. Correlating marketing with legal norms increases the validity of decisions made on various issues of production, research and production, financial and marketing activities, extending the legal shell to the sphere of marketing relations. This rationalizes the process of product distribution, pricing, marketing communications, product range development, improves the practice of analyzing and forecasting the market situation in the process of intra-company planning. Effective legal regulation of marketing relations contributes to mitigating and eliminating crises of overproduction, ensuring the matching of supply and demand, increasing the level of satisfaction of social needs, directing capital into production, economic growth and strengthening the national security of the state.

Improving the legal regulation of marketing is necessary to establish trade relations with economically developed countries, because the poor development of the domestic legal framework for marketing is one of the reasons why many foreign investors do not want to invest in the Russian economy. This is predetermined, first of all, by the fact that domestic laws do not sufficiently guarantee the interests and protect the rights of businessmen, do not guarantee the civilized development of business in modern Russian conditions. One of the main conditions for the successful operation of domestic organizations in the world market is the need for a thoughtful systematic study of the entire arsenal of legal means used in foreign countries in order, firstly, to take them into account when developing export policies, and secondly, to use the positive that is available in legal regulation of marketing in these countries.