Договор и обязательства
Reference:
Milchakova O.V.
Features of foreign investment in business companies that occupy a dominant position in the commodity market
// Legal Studies.
2024. № 10.
P. 1-14.
DOI: 10.25136/2409-7136.2024.10.72160 EDN: CIXVPF URL: https://en.nbpublish.com/library_read_article.php?id=72160
Abstract:
The object of the study is certain issues of the procedure for foreign investments in strategic sectors of the economy. The subject of the study is devoted to the procedure for making foreign investments in business entities that occupy a dominant position in the commodity market. The dominant economic entity has market power, which provides an opportunity to shape the economic environment by determining the number of market participants, the behavior of suppliers of goods (works, services) and their consumers. The author examines the issues of necessary regulatory approvals of transactions of foreign investors for the acquisition of assets of dominant entities, as well as general antitrust and special rules for determining the existence of a dominant position in business entities operating in various sectors of the economy. The methodological basis of the study was based on systematic and formal legal methods, as well as the method of technical and legal analysis. The conclusions of the study are based on the constitutionally significant goals of ensuring national defense and state security, Russian legislation provides for the need to obtain additional regulatory approvals for foreign participation in business entities that occupy a dominant position on the market. At the same time, the book value of assets and the amount of revenue of a foreign investor does not matter, a group of persons to which he belongs, as well as a business entity whose assets are planned to be acquired by a foreign investor (a group of persons to which a foreign investor belongs), unlike transactions subject to approval within the framework of antimonopoly control. In some cases, the control of foreign investments applies special rules for determining the fact of market dominance for some business entities, which differ from the rules of antimonopoly legislation.
Keywords:
antimonopoly legislation, commodity market, dominant position, state security, national defense, strategic sectors of the economy, foreign investor, foreign investments, regulatory approvals, Government Commission
Jurisprudence
Reference:
Musienko N.S.
Evaluative features in the definition of crimes in the legislation of the Russian Federation: problems of defining the concept
// Legal Studies.
2024. № 10.
P. 15-24.
DOI: 10.25136/2409-7136.2024.10.72144 EDN: CSDCDA URL: https://en.nbpublish.com/library_read_article.php?id=72144
Abstract:
In this work, the author examines some features of the concept of evaluative features in the corpus delicti in the legislation of the Russian Federation. The article notes the ambiguity of the approach to defining the concept of the evaluative features of a criminal offense. The author also notes that the current legislation lacks a legal approach to designating evaluative features, and the rapid development and modernization of the doctrines on the corpus delicti determine the need to develop a new and more objective approach to their definition. To offer the author's vision of the term "evaluative feature of the corpus delicti", two approaches are used in the work, the first of which is reduced to a review of doctrinally developed definitions of this term, and the second is to establish the semantic property of such. As a result of the conducted research, it was concluded that the specified features in the model of the corpus delicti should be understood as special conditions stipulated in the dispositions of the norms of the Special Part of the Criminal Law, which at the same time act as a characteristic of a certain feature or features of the corpus delicti, the criminal-legal content of which is established by the subject implementing the criminal-legal norm, or by a person with legal knowledge, taking into account the specific circumstances of the case. In the presented definition, it is necessary to detail the circle of persons who establish the evaluative features. The subjects implementing the criminal-legal norm include both law enforcement officers and other participants in the criminal process (in particular, the defense attorney), and the persons with legal knowledge include specialists, representatives of the criminal-legal doctrine.
Keywords:
evaluation conditions, crime, features, evaluative categories, features of corpus delicti, crime model, conditions, special conditions, corpus delicti, evaluative features