Abstract: The distinction between the objects of legal regulation of economic and competitive law has to do with the contents of the terms “economic activity” and “economic competition”. The economic activity is a necessary prerequisite for competition. At the same time competitive (adversarial) process may be a necessary condition for the final economic result. Comparative analysis of the relevant norms of the Economic Code of Ukraine and the norms of the Ukrainian legislation on economic competition provides the grounds for distinguishing the terms “economic activity” and “economic competition” based on their sphere of application, form and goals of implementation. Unlike the economic law, the term “economic subject” in competition law covers both entrepreneurs and legal entities, as well as state and municipal bodies in the sphere of implementation of their economic activities, as well as the group of economic subjects based on the element of control relations among them.

Keywords: legislation, law, economic, competitive, competition, market, adversarial, subject, control, activity.

Abstract: The article is devoted to the analysis of principles of procedure in the constitutional courts of the states existing in the territory of former Yugoslavia (Bosnia and Herzegovina, Macedonia, Serbia, Slovenia, Croatia, Montenegro). The author provides detailed discussion of the principles of accessibility of constitutional justice, open character of constitutional procedure, equality and adversarial system, combination of dispositive and inquisitional principles in the constitutional procedure. In the process of the study author provides theoretical and normative legal basis for the statement that the principles of constitutional judicial procedure in the former Yugoslavia states are mostly the traditional principles of justice, which are followed also in criminal, administrative and civil judicial process, while the constitutional process itself has strongly inquisitional character. Finally, the author draws a conclusion that some principles of constitutional judicial procedure in the former Yugoslavia states are more democratic in their elements and implementation, than those in Russia.

Keywords: dispositive constitutional judicial process, inquisitive constitutional judicial process, accessibility of constitutional justice, constitutional justice, constitutional judicial process, former Yugoslavia states, constitutional court, constitutional procedure, actio popularis, Constitution

Abstract: The so-called «cross default» of debt obligations is a standard provision on the preliminary termination of an obligation, which is used in international loan agreements. Such provisions may be applied when the debtor fails to perform his obligations to pay to the other party to the contract, thus causing doubts in his reputation as a person capable of performing obligations towards other persons. The article includes analysis of various types of provisions on cross default of loan obligations.

Keywords: jurisprudence, provisions on cross default of debt obligations, financial agreements, international credit agreements, international loan agreements, standard provisions for termination of contact, banking secret.

Abstract: Application of responsibility measures for the violations of competition legislation is closely connected with establishing the guilt of the offender. The civilist doctrine provides for both psychological (subjective) and behavior-related (objective) understanding of guilt. Taking into account the objective circumstances provided for by the competition law, presumption of guilty behavior applies in this sphere. The doctrine of behavior approach to understanding of law in the competition legislation may be described as an algorithm (act — causality — result). The economic judicial practice proves the practical expediency of application of the behavior approach to establishing the subjective elements for the application of responsibility in cases of competition offences. Appearance or possibility of appearance of negative consequences for the competition may show the negligent form of guilt, when a person could and should have taken into account and prevented the negative consequences. Unlike the subjective understanding of guilt, the doctrine of «behavior approach» establishes that guilt is a form of violation of the principles of good faith, reasonability and justice in the sphere of competition by its participants, as well as violations of fair business practices in economic sphere.

Keywords: jurisprudence, guilt, doctrine, offence, competition, legislation, violation, risk, causing, consequence, condition.

Abstract: The article is devoted to the problems of definition of economic criminal law as a sub-branch of criminal law. Based upon the analysis of history and comparative legal data, as well as its contents, the author proves that economic criminal law is a sub-branch of criminal, law, which is characterized by specific type of contents, including crimes in the sphere of economics under the Special Part of the Criminal Code of the Russian Federation and modification of generalized construction of elements of crime, attempted crime, co-participation and matters excluding criminality of act in the light of economic reality under the General Part of the Criminal Code of the Russian Federation. The article is complemented by practical conclusions regarding recognition of existence of economic criminal law. In the point of view of the author economic criminal law inevitably presupposes specialization (deepening) of criminal law. The problem of formal limits to casual criminal law (the rule of full (complete) codification of criminal law) should also be resolved.

Keywords: jurisprudence, code, sub-branch, branch, crime, fault, subject, elements, mistake, res judicata.