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: 10.7256/2409-7136.2017.1.18837

Abstract: The research subject contains national civil law forms of compensation for damage, caused by corruption offences, represented in the system of legal provisions, defining the limits of legally approved and necessary behavior of subjects of social linkages. The author characterizes civil law forms of compensation for damage, caused by corruption offences, which are differentiated to legal and regulatory, individual and regulatory and personable legal provisions according to their content. Special attention is given to the establishment of the extent of damage, the ways and the character of compensation for damage caused by corruption offences. Based on the research, the author formulates the proposals about the improvement of civil law regulation of compensation for damage caused by corruption offences. The research methodology in based on the set of general scientific and special methods: synthesis, analysis, the system-structural, formal-legal, logical, comparative-legal, statistical and other methods. Regulatory forms are expressed in the forms of a civil law institution of prevention of causing and compensation of damage, which, according to the character of the offence, form a specific sub-institution of compensation for damage caused by corruption offences. Individual civil law forms of compensation for damage, caused by corruption offences, are represented by legal relations – tort liabilities, in which the subjective rights of the injured and the legal responsibilities of the wrongdoers are formed and implemented. Personable civil law forms of compensation for damage, caused by corruption offences, consist in legal capacity and active capacity of persons involved in the mentioned tort liabilities. Each of them is analyzed.