DOI: 10.25136/2409-7136.2023.11.69056

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.

DOI: 10.7256/2409-7136.2015.11.1670

Abstract: The subject of the research is the range of problems of definition of periods of the formation and development of a political institution, a process and a doctrine of the rehabilitation of the victims of political repressions. Special attention is paid to such aspects of the topic as the initiation, the ways and the goals of the rehabilitation of the victims of political repressions in Russia in the Soviet, the post-Soviet and the contemporary periods of history; the revelation of its character; the legitimation of the forms of rehabilitation by the law, and the reflection of the essence of the rehabilitation of the victims of political repressions in the legal doctrine. The author studies the social and legal phenomena of a legal institution, a process and a theory of the rehabilitation of the victims of political repressions from the positions of dialectical materialism.  The author takes into account the political factors and the practical actions of the state in the period from March 1935 till the present time, and depicts the process of the rehabilitation of the victims of political repressions as a model of a sinusoid which reflects its dialectics in line with the decisions of the Communist Party of the Soviet Union and the adopted legal acts of the Soviet period or the legal acts of Russia of the post-Soviet period in compliance with the change of the mentality of the country’s political regime and the international situation.  The author outlines eight stages of the historiography of development of the legal institution of the rehabilitation of the victims of political repressions, taking into account the legitimation of its norms in the particular legal acts whose regulations define and extend the categories of the rehabilitated subjects and establish the extended guarantees of their rights protection. The author studies the essence of the concepts of rehabilitation proposed by the scholars with consideration for the dependence of the Russian historiography on the socio-political situation in the country and the needs of information support of these processes whose essence and orientation had been defined by the Soviet party and government and the bases of deideologizing  in the post-Soviet period, and outlines three periods of theoretical understanding of the rehabilitation of the victims of political repressions.