scholarly journals Application of the concept of collective dominance in the Russian competition law: challenges and solutions

2020 ◽  
Vol 210 ◽  
pp. 13030
Author(s):  
Igor Bashlakov-Nikolaev ◽  
Sergey Maximov
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Regulation ◽  
Formal Approach ◽  
The Law ◽  
Definition Of ◽  
Statutory Regulation ◽  
Collective Dominance

The Russian competition law does not include the definition of the concept of collective dominance, and the notion of this institution itself contains many gaps. The indicated disadvantages of statutory regulation and simplified approaches of the Federal Antimonopoly Service, which became possible due to the formal approach, have led to the formation of controversial law enforcement practice by the antimonopoly authority and courts. The article presents the analysis of legal regulation, as well as the law enforcement practice, and proposition on solutions to the stated problems.

LIMITS OF JUDICIAL DISCRETION IN ASSESSING THE LEGAL BEHAVIOR AND LEGAL EFFECTIVENESS

2021 ◽  
Vol 10 (6) ◽  
pp. 84-100
Author(s):  
N.V. ZAYTSEVA
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Legal Regulation ◽  
Current Level ◽  
Judicial Discretion ◽  
Social Phenomenon ◽  
Formal Approach ◽  
The Will ◽  
The Law ◽  
The One

The article is devoted to the study of the concept of legal effectiveness in the context of the goals and purpose of law in general and separately in the private law relations. Since the law is a complex social phenomenon, the author paid special attention to the issues of refraction of normative tasks through the prism of judicial discretion. Law enforcement practice, on the one hand, shows the viability of a particular norm and its compliance with the current level of development of civil society, however, it can also distort the spirit of the law, which will not allow achieving the necessary legal result. Judicial discretion regarding the interpretation of certain legal elements and in assessing the behavior of participants in legal relations can lead to the transformation of legal relations, which does not allow to realize the goals set by the subjects. It is noted that the regulation of the limits of judicial discretion would help to ensure effective legal regulation. Assessing the behavior of participants due to the lack of mechanisms for proving the actual intentions of the parties is difficult for most countries of the continental legal system; therefore, a formal approach prevails and qualifies the will of the parties recorded exclusively in writing.

scholarly journals Forms of Operative and Service Activities of the Ukraine’s State Border Guard Agencies (Units): Concepts and Legal Regulation

2019 ◽  
Vol 74 (3) ◽  
pp. 18-23
Author(s):  
V. V. Polovnikov
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
State Official ◽  
Individual Concepts ◽  
Service Activities ◽  
The Law ◽  
Definition Of ◽  
Enforcement Activity

As the objective of this article, the characteristics of the concept and legal regulation of the Ukrainian state border guard agencies’ (units) operative and service activities forms are chosen. Such activity is a type of law enforcement activity. The level of the rule of law compliance of such agencies (units) officials and official persons’ service activities depends on the state of its legal regulation. Based on the analysis of the current Ukrainian legislation and scientific views, the author characterized such forms of operative and service activities as border guard and border control. The author's definition of individual concepts is formulated. In particular, according to the author, Ukraine’s state border guard unit is SBGSU state border guard agency’s structural unit, which is responsible for the state border’s certain section protection. The operative and service activities of such units is one of the forms of its state (official) external activity, which is implemented in the border guard service process and carrying out other measures, in accordance with the law enforcement and other SBGSU credentials, concerning persons and legal entities not subordinate to this unit, which implies the origin of all kinds of social relations. The form of operative and service activities of the respective unit is a system of interrelated measures reflecting the content of law enforcement and other credentials of the State Border Guard Service of Ukraine in a certain direction of its state (official) external activities. The forms of operative and service activities are categorized. It is offered to regulate these concepts at the level of the Law of Ukraine “On the State Border Guard Service of Ukraine” and by-laws.

scholarly journals FORMS AND PROCEDURES FOR PERSONNEL PROVISION OF PUBLIC SERVICE IN THE LAW ENFORCEMENT SPHERE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 86-101
Author(s):  
П. О. Комірчий
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Public Service ◽  
Legal Regulation ◽  
Regulatory Requirements ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Real Increase ◽  
The Law ◽  
Definition Of

The article notes that in modern conditions, the place of staffing of the public service in the law enforcement sphere is of fundamental importance, which is studied through the prism of recent changes in the administrative legislation of Ukraine as a new stage in the reform of the law enforcement system of our state. It has been substantiated that the organization of public service in modern conditions presupposes a significant number of interrelated forms and procedures of staffing. The appropriate forms include: the definition of a strategy for organizational and staff work; educational and preparatory work; selection and selection of personnel; appointment and replacement of posts, placement of personnel; ensuring the passage of service. It has been established that the forms of staffing determine the boundaries of the corresponding staffing procedures. The specifics of staffing procedures implemented within the framework of the specified forms of staffing (for example, within the framework of strategic organizational and staff work, procedures for calculating the staffing of the public service, positive incentives for this service, etc.) are established and characterized. It has been theoretically proved that the correct combination of available forms and procedures for staffing contributes to a real increase in the efficiency of the functioning of law enforcement agencies based on the qualitative use of the potential of employees without increasing the time and resources spent on their maintenance. It was determined that the staffing of the public service in the law enforcement sphere of Ukraine is an element of personnel management of public service bodies in the field of order protection, which is a normatively ordered system of interrelated elements that are in stable administrative and legal relations with each other in relation to staffing, within which their functioning as a whole. It is concluded that the forms and procedures for staffing the public service in the law enforcement sphere of Ukraine, in fact, like any other complex social and legal phenomenon in the plane of the functioning of public administration entities, is subject to careful administrative and legal regulation, within which legislators determine special legal requirements for the implementation of staffing of the public service in the relevant field. That is, a large number of requirements are put forward for the existence of staffing in the public service in the law enforcement sphere in a static and dynamic form at the normative level, aimed at properly staffing the subject of public administration with high-quality personnel, making effective and rational staffing management and increasing the level of uniqueness of this phenomenon. A special place among these regulatory requirements is occupied by the regulatory requirements for the organizational structure of the staffing of the public service in the law enforcement sphere.

scholarly journals Directions of improvement of legal regulation of carrying out by the National Police units of operational-search measure «Getting acquainted with financial and economic activity of enterprises»

2020 ◽  
Vol 1 (1) ◽  
pp. 210-215
Author(s):  
Volovymyr Kapustnyk
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Legal Regulation ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
Legal Grounds ◽  
Investigative Activity

The article is devoted to the definition of directions of improvement of legal regulation of carrying out operative-search measure "familiarization with financial and economic activity of enterprises" by units of the National police. It is established that today there is a lack of thorough research on the directions of improving the legal grounds for conducting an operative-search event "familiarization with the financial and economic activity of enterprises" by units of the National Police. It is established that familiarization with the financial and economic activity of enterprises is one of the main and effective mechanisms for obtaining and verifying primary information about abuse in the economic and official sphere, which is used by many law enforcement and controlling bodies of the state. However, to date, the said operative-search measure cannot be used to the full extent by the units of the National Police, since the provisions of the Law of Ukraine “On Operational-Investigative Activity” contain separate legislative conflicts and contradictions. It is proved that the interpretation of the existing rule governing the introduction of financial and economic activity of enterprises leads to legal conflict, since it is not clear how the said measure will be carried out for suspected of committing a crime, since in this case criminal proceedings should already be opened, and after its opening, the search operations are terminated. It is established that today the legislator has sufficiently enshrined the issue of familiarization with the financial and economic activity of enterprises, however, in the normative legal acts, insufficient attention is paid to the interpretation of the law regarding familiarization with the financial and economic activity of enterprises. It has been proposed to adopt the Instruction on the Organization and Conduct of Familiarity with Financial and Economic Activities of Enterprises, as well as to introduce responsibility for non-compliance with the legal requirements of officials of the National Police of Ukraine.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals IMPLEMENTATION OF LEGAL RESPONSIBILITY I N THE LAW ENFORCEMENT BLOCK OF THE MECHANISM OF LEGAL REGULATION

2020 ◽  
pp. 101-114
Author(s):  
И.А. Кузьмин
Keyword(s):  
Theoretical Model ◽  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Remedies ◽  
The Law ◽  
Problematic Situations

В статье приводятся промежуточные результаты исследования вопросов реализации юридической ответственности. Сформулированы подходы к пониманию механизма правового регулирования и его содержания. Установлены закономерности взаимодействий между правовыми средствами в процессе реализации юридической ответственности. Предложена общетеоретическая модель реализации юридической ответственности в правоохранительном блоке механизма правового регулирования. Проанализированы проблемные ситуации, при которых нарушаются принципы юридической ответственности и разрушаются системные связи между правовыми средствами. Annotation: The article presents the interim results of research on the realization of legal liability. Approaches to understanding the mechanism of legal regulation and its content are formulated. The patterns of interactions between legal remedies in the process of realization legal liability have been established. A general theoretical model of the realization of legal liability in the law enforcement block of the mechanism of legal regulation is proposed. The author analyzed problematic situations in which the principles of legal liability are violated, and the cases in which the systemic connections between legal remedies are destroyed.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

scholarly journals The Interior Appeal of the FAS of Russia: the Role of Legal Positions in the Development of Uniformity of Law Enforcement Practice

2019 ◽  
pp. 78-83
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Federal Law ◽  
Antimonopoly Law ◽  
Uniform Law ◽  
The Law ◽  
Compliance With The Law ◽  
The Right

The article discusses some problems of the formation of a uniform law enforcement practice on the example of specific decisions of the FAS Russia Board of Appeals on issues related to: the application of the rules for the qualification of antitrust violations provided for in part 1 of art. 10 of the Federal Law «On Protection of Competition»; the need to prove the fulfillment of an agreement prohibited by art.16 of the same Law; the exercise of the right of the FAS Russia collegial bodies to refer the matter for a new consideration to the territorial antimonopoly body. It is concluded that the legal positions of the Appeal Board of FAS Russia, being based on the law and applied only in compliance with the law, help to effectively resolve controversial problems of pre-trial Antimonopoly law enforcement and to develop uniform approaches to the interpretation of the rules of competition law.

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