DOI: 10.25136/2409-7136.2023.9.43993

EDN: VMQZQA

Abstract: The subject of the study is the criminal law policy in the field of fair competition protection and competition policy, certain aspects of their correlation and problems of implementation, including the state of legislation and law enforcement. The purpose of the work is to identify the problems of interdependence of regulatory, protective, including repressive directions of state policy in the field of competition protection and to identify ways to solve them. The research methodology is based on general scientific and private scientific methods of cognition - system analysis, logical, comparative, formal dogmatic, historical and legal methods, statistical methods, questionnaires, legal forecasting. The work resulted in conclusions on the interdependence of competition and criminal law policy in the field of competition protection, proposals for improving the diversified mechanism for countering encroachments on fair competition. Scope of application of the results: legislative, scientific, educational activities. The novelty of the study is: 1) in the features of the conducted analysis of the statistics of anticompetitive violations, which is based on the author's study of sentences imposed in relation to crimes whose compositions have signs of violations of antimonopoly legislation; 2) in establishing the preventive and suppressive significance of the Federal Law "On Protection of Competition" in relation to anticompetitive crime, as an element of competition policy relevant to criminal law 3) in proposals to strengthen the preventive significance of a special law, improve the norms of criminal legislation, as well as the mechanism of interaction between antimonopoly and law enforcement agencies. The conclusions are that the criminal law policy in the field of competition protection depends on the directions of competition policy. The solution of the problems of interdependence should be aimed at strengthening the preventive meaning of a special law, clarifying the terms used to determine the grounds of criminal liability, criteria for differentiation of responsibility, as well as at eliminating gaps in the necessary criminal law repression, normative consolidation of the interaction of antimonopoly and law enforcement agencies.

DOI: 10.25136/2409-7136.2023.9.40881

EDN: XJUNZM

Abstract: In modern states, the process of "ideological search" has the property of permanence, while the activation of such a process, as a rule, is one of the symptoms of the constitutional and political crisis in the sphere of state-building. In newly formed states, the process of forming state ideology is becoming particularly relevant, which is due to the need to establish the state as a special political institution, determine the goals of its existence, ensure stable development, and form a national legal system. The article examines the reasons for the activation of the processes of "ideological search" in the state of Israel, their relationship with the national constitutional and political crisis of 2023, analyzes the prospects for the development of the state of Israel as a national Jewish state. The use of a systematic, functional, historical research method, the study of the scientific works of P. A. Astafichev, A.V. Polyakov, B. S. Ebzeev, F. Hayek, S. Huntington, P. Anderson and other authors, allowed to formulate the author's interpretation of a number of terms: national ideology; constitutional ideology; state ideology; ideology of the ruling group. The author hypothesizes the following reasons for the constitutional and political crisis in the State of Israel: 1. an unsuccessful attempt to combine two opposites, liberal democratic values of the Western world with archaic provisions of Judaism; 2. the presence of the Lapierre paradox. The attitudes of ethnocentrism, actively imposed by the state authorities and based on references to the common history (of Jews), religious rituals of Judaism, do not correspond to the real behavior of the population of the country, its values, needs and interests, are in contradiction with the constitutional and national ideology; 3) the crisis of the idea of the nation-state. It is proposed to single out as the ideological functions of the state: guaranteeing ideological freedom; ensuring the implementation of national and constitutional ideology; prohibiting the extreme form of ideology that affects the "viability" of the state, changing its most essential features. In conclusion, the author's vision of the vector of evolution of national states is also presented.

DOI: 10.25136/2409-7136.2023.9.43402

EDN: XJWIIC

Abstract: Worldwide efforts to eliminate bank secrecy and foster transparency in international currency flows have accelerated significantly in recent years. The identification of tax havens and potentially harmful tax practices and regimes gives rise to a considerable potential for preventing distortions and violations that could undermine the benefits of enhanced capital mobility in today’s global economy. In the light of the aforementioned, the aim of this article is to detail: 1. efforts of the Organization for Economic Cooperation and Development (OECD) to eliminate «unfair tax competition»; 2. efforts of the Financial Action Task Force on Money Laundering (FATF) to reduce international money laundering; 3. steps being taken in the European Union (EU) to combat money laundering and tax evasion. The author analyzes the OECD's efforts to create a firm international platform for global tax information exchange. The Article also touches upon the FATF initiatives to combat money laundering: a) the FATF Forty Recommendations setting out a comprehensive and consistent framework of international standards which countries should implement in order to combat money laundering and terrorist financing; b) identification of jurisdictions which have the substantial and on-going money laundering and terrorist financing risks and strategic deficiencies; c) inclusion of certain anti-money laundering recommendations applicable to business and professions beyond the financial services industry; d) ongoing investigations of compliance with the Forty Recommendations by FATF members and by other states (mutual evaluations); e) helping national governments and financial institutions to ensure adequate and accurate information on the beneficial ownership. In the last part of the Article, the author analyses enforcement measures to combat money laundering adopted in the EU that go further beyond FATF recommendations.

DOI: 10.25136/2409-7136.2023.9.43549

EDN: YEJFMU

Abstract: The article discusses market trends and models of legal regulation of consumer behavior in a sanctioned economy. The subject of the study is the models of legal regulation of consumer behavior under sanctions. The relevance of the topic is due to the fact that currently the Russian consumer goods market (including premium ones) is going through quite difficult times due to the special military operation in Ukraine, which began in February 2022. The situation is complicated by factors such as the tightening of sanctions and the withdrawal of many Western manufacturers from the Russian market. In such conditions, legal regulation of consumer behavior becomes particularly important. The scientific novelty of this study consists in conducting a comparative analysis of models of legal regulation by responsible consumer behavior in the conditions of a sanctioned economy. The existing regulatory framework of the Russian Federation and the Islamic Republic of Iran is also analyzed. The comparative analysis carried out in the article allowed the authors to draw some conclusions, identify the main models of legal regulation of marketing management of responsible consumer behavior in the conditions of the sanctions economy and formulate a number of practically applicable recommendations. The implementation of the proposed recommendations will eliminate some of the negative effects that occur in the conditions of the sanctions economy and negatively affect the market situation, consumer behavior and the economy as a whole.

DOI: 10.25136/2409-7136.2023.9.43960

EDN: YFATEA

Abstract: The article deals with the problems of legal regulation of relations in the Scandinavian states in the field of freedom of conscience and religion. The reason for addressing this topic was the public actions on the burning of the Koran that took place in Denmark and Sweden in 2023, which demonstrated the inability of law enforcement agencies and civil society of the Nordic countries to prevent a violation of public order, as well as the violation of fundamental rights and freedoms of the individual. The object of the study was both the legislation of the Kingdoms of Denmark and Sweden regulating relations in the religious sphere, and law enforcement practice. The article is based on the latest empirical data and research results, most of which have not been translated into Russian. As a result of the analysis of the current legislation of the Scandinavian states, it was concluded that the norms of public law do not correspond to the level and nature of public relations in the religious sphere. The norms of international and European law incorporated into the national legislation of the Scandinavian countries are also ineffective. An additional obstacle is the traditions of a society that recognizes everyone's right to free expression of opinions and thoughts. In order to prevent public events in the religious sphere that are openly extremist in nature, it is necessary to modernize the relevant legislation of the Scandinavian states. At a minimum, it is necessary to expand the powers of law enforcement agencies to ban such events as threatening the national interests of the Nordic countries.

DOI: 10.25136/2409-7136.2023.9.39338

EDN: YFLIAI

Abstract: In the article the author analyzes the causes of the occurrence on the pages of the Criminal Code of the Russian Federation of the elements of crimes regulating criminal liability for inciting a minor to suicide and facilitating its commission, as well as the involvement of adolescents in actions dangerous to their life and health. The author conducts a comprehensive comparative analysis of the elements of crimes provided for in paragraph "a" of Part 3 of Article 110.1 and Part 1 of Article 151.2 of the Criminal Code of the Russian Federation, describes their main, common and distinctive features, raises qualification problems. When writing the scientific work, the author used dialectical, logical, statistical, comparative, formal and legal research methods. The degree of study of the problems raised in the article is represented by the scientific research of such legal figures as Kharlamov V.S., Levandovskaya M.G., Shchetinina N.V., Kiryukhin V.V., etc. The main conclusions of the study are the mutually exclusive nature of criminal acts, their differentiation by optional objective signs of corpus delicti. The novelty of the scientific work lies in the conclusions of the author made based on the results of the study, as well as in the proposal to reform the provisions of the current legislation by the inclusion of a special subject of given crimes.

DOI: 10.25136/2409-7136.2023.9.40955

EDN: YFPDEV

Abstract: The object of the study was the legal relations arising between the subjects of labor law regarding the protection of the labor rights of employees. The subject of the study includes theoretical and practical foundations of judicial protection of workers' labor rights. The author analyzes the judicial method of protecting the labor rights of employees, and also identifies problematic aspects of their practical application. In particular, the author noted that the employee, being the most vulnerable party of labor relations, needs more protection from the state. As a result, the current system of restoring balance in labor relations is mostly focused on protecting the labor rights of employees. The main conclusions of the study are: 1. Judicial practice on the protection of workers' labor rights is very extensive and diverse, but its essence basically boils down to one thing: an employer, being interested in obtaining the best labor resources at minimal financial costs, will always strive to protect the interests of his business, regardless of the requirements of the legislator. 2. The effectiveness of all methods of protecting labor rights often largely depends on the reasonable behavior of the employee until the moment of conflict with the employer. 3. Being a more vulnerable side of labor relations, an employee, when applying to the court, claims a special attitude due to the possible lack of knowledge of all the subtleties of legislative regulation of labor relations. As a consequence, if there are contradictions in the position of an employee and an employer, the court seeks to promote the former as a priority. At the same time, such a position in no way infringes on the rights of the employer. 4. One of the urgent problems of protecting the labor rights of employees in recent years is the substitution of labor relations with civil relations with the self-employed. The solution may be the introduction of relevant provisions in the Federal Law on the self-employed, the Tax Code of the Russian Federation and the Labor Code of the Russian Federation.