Reference:
CHubukov B.A..
The concept of criminalistic provision of economic security of entrepreneurial activity
// Legal Studies.
2024. № 10.
P. 25-42.
DOI: 10.25136/2409-7136.2024.10.71452 EDN: FYUTUM URL: https://en.nbpublish.com/library_read_article.php?id=71452
Abstract:
The object of the study is a problem of ensuring economic security of a firm. The subject of the study is a set of theoretical knowledge about the subject, object, system of criminology, in particular the theory of criminalistic support, as well as the content of normative legal regulation of issues related to business activities and economic security of an economic entity. The author examines in detail such aspects of the topic as: doctrinal approaches to the criminalistics; the range of objects studied by criminalistics; the formation of the concept of criminalistic support, including a separate approach to the application of the concept when it is used in conjunction with the definitions of ‘security of entrepreneurial activity’; interpretations of the concepts of ‘entrepreneurial activity’ and ‘economic security of an economic entity’. Methodology of the research is based on the dialectical method of cognition and its principles. In the process were used general scientific and formal-logical methods such as analysis, synthesis, deduction, induction, analogy, systematisation. It has been established that the issues of ensuring economic security of an economic entity do not form an independent theoretical subject, but are covered by cognisable objects of criminalistics. Having analysed the approaches, the economic security of an economic entity is an environment in which the probability of causing it significant damage at a given time interval is negligible. The author's special contribution to the study of the topic is the development of a private forensic theory of ensuring the economic security of entrepreneurial activity – it is based on the regularities of mutual reflection of the elements of the mechanism of criminal and other illegal activities with the economic state of the economic entity, as well as activities to disclose, investigate, prevent criminal and other illegal activities that are threats to the economic security of the economic entity, a set of knowledge.
Keywords:
security of an economic entity, mechanism of illegal activity, mechanism of criminal activity, mechanism of crime, private theory, entrepreneurial activity, economic security, criminalistics support, object of criminalistics science, subject of criminalistics science
Reference:
Chornovol E.P..
Legal institute of preferences: concept, composition and system
// Legal Studies.
2023. № 11.
P. 76-97.
DOI: 10.25136/2409-7136.2023.11.69056 EDN: QNDBVL URL: https://en.nbpublish.com/library_read_article.php?id=69056
Abstract:
The author formulates the concept, constitutional and legal basis, composition and system of the legal institution of preferences of the Russian competition law. The relevance of the study is determined by the fact that by now this legal education has not only not been studied in domestic jurisprudence, but is not positioned at all in the doctrine of competition law. Moreover, some legal scholars consider it alien to competition law. The purpose of the study is to substantiate the functioning of a separate legal institution of preferences in the system of competition law, the political and legal basis of which is the constitutional and legal provisions defining the beginnings of the country's market economy and the solution of socially significant tasks of Russian society through the use of the preferential mechanism, which includes two levels of legal forms at the sectoral level norms of international acts and treaties of Russia, regulatory legal acts of the Federation, subjects of the Russian Federation and municipalities of procedural and material order, differentiating into general and special prescriptions, forming its general and special parts. In the process of studying the legal phenomenon of preferences, a dialectical method of cognition was used within the framework of a materialistic approach in combination with private scientific methods of cognition of social and legal phenomena: analysis and synthesis, observations and comparisons, system and framework method, forecasting, planning and modeling. As a result of the conducted research, the fundamentals of the theory of the competitive legal institute of preferences are presented, as well as the positions of denial of the connection of preferences with the regulation and protection of competition among legal scholars and interpretation of the relevant provisions exclusively from the perspective of anticonrurent regulation of the activities of public legal entities are refuted. The provisions and conclusions of the study can be used in the law-making and law enforcement practice of the relevant legal provisions, as well as in the educational process of training lawyers. The novelty lies in the substantive analysis of the regulatory framework for the selective provision by the authorities of public legal entities with the prior consent of the antimonopoly authority of the country to economic entities of preferences as a separate institution of a special part of competition law.The functioning of the competitive legal institute of preferences is based on legal principles that determine its method, tasks and functions.
Keywords:
national laws, system of legal institute, international legal acts, constitutional and legal basis of preference, legal institution of preference, subject of competition law, competitive relation, economic entities, preferences, sub-institutions of the legal institute
Reference:
Dostavalova A.S..
Legal essence of self-determination of a person and a citizen
// Legal Studies.
2023. № 8.
P. 21-30.
DOI: 10.25136/2409-7136.2023.8.43770 EDN: UIBRNX URL: https://en.nbpublish.com/library_read_article.php?id=43770
Abstract:
the subject of the research is the definition of the social and legal essence of self-determination of a person and a citizen. An analysis of domestic doctrinal research on this subject made it possible to single out three aspects in understanding the self-determination of a person: determining one's behavior without the intervention of third parties, establishing one's status, and the possibility of obtaining information about oneself. Each of the presented concepts, denoted by the term "self-determination", has its own value and contributes to improving the quality of life of citizens. However, an incorrect understanding of the legal essence of self-determination can give rise to negative social consequences, which already has its manifestations in Russian society. As a result of the study, the conclusion was formulated that, contrary to the widespread opinions of legal scholars, the first aspect of self-determination is not a subjective right or part of it, but the embodiment of the principle of the inadmissibility of arbitrary interference by anyone in private affairs, the effect of which, in turn, is limited the principles of inadmissibility of abuse of the right, good faith of subjects of civil law and restriction of rights in order to protect the interests of other persons. The second aspect of self-determination is not a power, but a legal fact - a unilateral transaction, in the course of which it is necessary to take into account the requirements of the legislation on the conditions for its validity. The third aspect is not a personal non-property, but an organizational subjective right, the possibility of realizing which depends on the legitimacy of the goals of using the requested information by a citizen.
Keywords:
intangible benefits, legal fact, principle of law, privacy, self-identification, self-determination, individual, individual rights, personal non-property rights, organizational rights
Reference:
Skorobogatov A..
Integration character of the modern Russian legal understanding.
// Legal Studies.
2014. № 3.
P. 1-11.
DOI: 10.7256/2305-9699.2014.3.11127 URL: https://en.nbpublish.com/library_read_article.php?id=11127
Abstract:
The article is devoted to the studies of the modern Russian legal understanding. The author bases his position upon the broadening of the subject field of the legal studies in the conditions of post-Classical paradigm, within which the main attention is paid to the interpretation of the legal matters. Based upon the studies of various legal doctrines, normative expression of legal understanding in the Constitution of the Russian Federation and analysis of the modern Russian legal reality the author offers a typology of legal understanding based upon the criteria of interpretation of law and legal reality, providing for five basic models. The combination of these models in legal reality allows one to speak of an integral character of the Russian legal understanding. The methodological basis for the studies is formed by the dialectic approach towards cognition of social matters, allowing for analysis of their historical development and their functioning within the context of combination of objective and subjective factors, as well as the post-Modern paradigm, allowing to study legal reality at various levels, including the level of legal interpretation. The dialectic approach and post-Modern paradigm defined the choice of specific methods for the studies, including comparative, hermeneutic and discourse methods. The article for the first time applies discourse method for the analysis of the category of legal understanding. Based upon the analysis of various methodological models the author makes a conclusion on an integral character of the Russian legal understanding, which was implemented via the pluralism of the post-Soviet legal discourse and served as a prerequisite for the multitude of meanings of legal regulators, defining the post-Soviet legal reality.
Keywords:
law, legal understanding, phylosophical and legal category, legal reality, natural law theory, normativism, social legal understanding, integrative legal understanding, post-Modern legal understanding, post-Classical paradigm