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
Theory
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
State institutions and legal systems
Reference:
Kabytov P.P.
On certain areas of improvement of legal support for government management of scientific and technological development
// Legal Studies.
2024. № 10.
P. 43-54.
DOI: 10.25136/2409-7136.2024.10.72002 EDN: GALDBE URL: https://en.nbpublish.com/library_read_article.php?id=72002
Abstract:
The updated Strategy of Scientific and Technological Development sets the task of forming an effective management system in the field of science, technology and production, as well as making investments in this area, and defines certain vectors of its development. The implementation of the provisions of the Strategy, which determine the need to change approaches to the formation and implementation of the scientific and technological agenda, financing of scientific research and development, scientific (scientific and technical) expertise, evaluation of the effectiveness and efficiency of scientific and technological activities, involves the transformation of the institutional and legal basis of scientific and technological development. The article analyzes the provisions of the updated strategy on improving public administration in the field of scientific and technological development, and forms separate proposals for improving the legal and institutional foundations of public administration of scientific and technological development. The research used the following methods: formal legal, formal logical, interpretation of law, as well as general scientific methods. As a result of research, conclusion is substantiated that the change in strategic attitudes in the field of scientific and technological development of the Russian Federation, the achievement of the goals and objectives of the strategy of scientific and technological development of the Russian Federation implies a holistic modernization of the regulatory environment in the field of scientific, technical and innovative/industrial activities, activities for the introduction of high-tech technologies, including those aimed at improving the legal regime of intellectual property and its management, budget legislation, reducing the risks of business interaction with government organizations, creating a favorable legal climate for activities in the field of scientific and technological development, minimizing administrative and bureaucratic burden, primarily on state scientific and educational organizations. Separate proposals have been formulated on the directions and content of improving legislation.
Keywords:
strategy, public authorities, technology implementation, legal regulation, financing of science, technology transfer, production, science, public administration, scientific and technological development
State institutions and legal systems
Reference:
Safina S.B.
Stability of the Constitutions of the Republics within the Russian Federation: theoretical and practical aspects
// Legal Studies.
2024. № 10.
P. 55-65.
DOI: 10.25136/2409-7136.2024.10.71882 EDN: GATUPQ URL: https://en.nbpublish.com/library_read_article.php?id=71882
Abstract:
The object of the study is the constitutions of the regions (Republics) within the Russian Federation. The subject of the study is the properties of stability of the constitutions of the republics within the Russian Federation. These properties of regional constitutions are analyzed taking into account the fact that they are part of the legal system of the Russian Federation and are an element of the Russian legislative system. The article examines the legal foundations enshrined in the constitutions of the republics, the regulatory mechanisms for ensuring the stability of constitutional texts, their practical implementation and the degree of validity of their introduction. The relevant norms of federal legislation and constitutions of the constituent republics of the Russian Federation are analyzed. Based on the analysis of legal sources, theoretical provisions are formulated on the importance of the "rigidity" of constitutional procedures (complicating elements in the procedure for changing constitutions) in ensuring the stability of republican constitutions. The research uses general scientific (logical, analysis and synthesis, etc.) and private scientific legal (comparative legal, formal legal, etc.) methods. The article updates the views on the development of the processes of constitutional changes at the level of the republics within the Russian Federation, taking into account the realities that have occurred. It is noted that the Constitution of the republic, as an act that enshrines the basic, fundamental principles and priorities of the republic's development, should be provided with increased legal protection in order to prevent short-term market changes. The legal protection of the Constitution includes, among other things, a complicated procedure for its correction. It is concluded that the republics are independent in this matter, since the federal legislator does not regulate this area. The stability of the republican constitution is largely determined by the federal Constitution and federal legislation, and when choosing the means of "rigidity" of constitutional procedures, it is necessary to take into account the nature of republican norms: whether they reproduce, concretize or complement federal ones.
Keywords:
constitutional procedures, revision, constitutional changes, amendments, rigidity of the constitution, constitution of a republic, subject of the Russian Federation, constitutional stability, constitution, referendum
Reference:
Lomov I.S.
The problems of state registration of amusement parks in the Russia and the implementation of control (supervision) over the activities of their operators
// Legal Studies.
2024. № 10.
P. 66-77.
DOI: 10.25136/2409-7136.2024.10.71834 EDN: GBEREI URL: https://en.nbpublish.com/library_read_article.php?id=71834
Abstract:
Providing entertainment services to the public is an integral part of the general economic activity of entrepreneurship and business in the Russian Federation. The use of attractions for such purposes is a sought-after and profitable occupation, although it is fraught with high danger and risks. Since the early 2000s, the number of individual entrepreneurs and legal entities operating amusement rides has been growing in the Russian Federation, along with the growing number of consumers of such services, the vast majority of whom are incapacitated children. Every year, thousands of attractions of various types are operated throughout the Russian Federation, located outside and inside the premises, on water and land, having a mechanized and non-mechanized type of operation. The main problem is the legality of their work in terms of compliance by operators with all available safety requirements. Unfortunately, cases of various failures in the operation of attractions related to the negligence of those responsible for their safe operation and technical malfunctions are not uncommon, and have serious consequences for the life and health of entertaining visitors. The Government of the Russian Federation, realizing the importance of regulatory legal regulation of this area, has been developing a whole layer of legislation since 2016. Our research is designed to describe and identify the problems of two main areas of such regulation: state registration of attractions and control (supervision) over the activities of individual entrepreneurs and legal entities operating attractions. The main objective of the study is to make proposals on changing the current legislation governing the safe operation of attractions. The scientific novelty lies in the fact that the study offers the legislator ways to solve the accumulated regulatory problems related to the work of the State Technical Supervision bodies of the Russian Federation as a public authority exercising control (supervision) and state registration of attractions. Such proposals are unique in the scientific community and have not been described before by the authors of the research, since the regulatory sphere of public regulation of the safe operation of attractions is extremely young and requires further normative development.
Keywords:
Biomechanical effects, The field of entertainment, Safety requirements, Technical regulation, Constant raid, Federal Law, Technical regulations, Attraction, Control and supervision, State registration