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MAIN PAGE > Journal "Legal Studies" > Contents of Issue 06/2021
Contents of Issue 06/2021
Questions of current interest
Belikova K.M. - Study of the Impact of the created in the conditions of network economy digital platforms (marketplaces) upon the consumer markets and competition law pp. 1-19


Abstract: This article examines the impact of digital platforms (marketplaces) created in the conditions of network economy in its new “center–periphery” configuration upon the consumer markets and provisions of competition law applicable to digital markets, using the experience of foreign countries (Germany, Asia, Latin America, etc.) and integration associations (the European Union), including from the perspective of new law enforcement (judicial) practice, based on the fact that its knowledge allows successful resolution of the essential problems of legal regulation in the Russian Federation. Attention is given to such aspects of the activity of digital platforms  (Amazon, Apple, Facebook, Google etc.), as the dependence of their market influence on the network effects associated with utilization of the user data, supported by market practices, such as vertical integration and amalgamation of companies that are capable of reducing market competition. Assessment is given to the degree of readiness of the countries and their associations to operate in the conditions of digital platforms. The relevance, theoretical and practical importance of this research are substantiated by the emergence of new competitive practices (digital platforms) that can influence the competition. The author concludes that due to the “network effect”, digital platforms have an inexhaustible range of capabilities for acquisition of the dominant position on the market and its abuse. These include the formation of consumer groups of targeted advertising and sales of their services; as well as setting personalized prices based on determination of the readiness and limit of individual payment; and usage of data on the products of vendors on their platform to score an advantage in selling their products, etc.
Gruzdev V.S. - Psychological legal realism of P. V. Delarov pp. 20-34


Abstract: The subject of this research is the works of the Russian legal scholar of the second half of the XIX century P. V. Delarov, better known to his contemporaries as a collector of antiques. Since the late 1870s he wrote several essays covering the fundamental and applied topics and problems of legal science and practice. His works are poorly studied within the framework of legal disciplines of historical and philosophical-legal profiles, however represent particular interest for the history of establishment of legal thought in Russia. This particular pertains to the author’s reference to the tasks on reforming legal science into psychology of law; renewing the theoretical-methodological principles and characteristics, which allowed the Russian legal scholar to resolve the fundamental contradictions in the area of cognition and interpretation of law, associated with idealistic or realistic arguments. The scientific novelty of this research lies in the following aspects: description and analysis of the legal views of P. V. Delarov, which were not been previously studied in the history of legal thought; substantiation of the conclusions that he formulated the first theoretically mature and developed psychological concept of law within the Russian legal literature; the concept of P. V. Delarov appeared much earlier than the psychological concept of L. I. Petrażycki;. Delarov’s concept in its essence represented a variety of realistic theories that rely on the tendency of “scientification” of jurisprudence within the framework of natural-scientific worldview of the XIX century. This article also presents other generalizations and explanations of P. V. Delarov's legal views, which allow introducing significant clarifications into understanding the processes of the emergence of psychological approaches towards law in the Russian and Foreign legal literature.
Human and state
Starodubova L.V. - The ratio of the subject of the offense and the victim from the position of the general theory of law pp. 35-42


Abstract: The correlation of such concepts as "the subject of an offense" (crime) and "victim" in the framework of the general theory of law is investigated. Modern legal literature has enough studies of the relationship between the object of the offense and the victim, however, without paying enough attention to the subject of illegal encroachment, although it is the question of the relationship of the victim with him that is one of the most controversial and ambiguous in the theory of offense. Moreover, the vast majority of theorists writing about the subject of the offense and the offense as a whole conduct their research within the framework of branch legal sciences, primarily within the sciences of criminal and administrative law. Nevertheless, the general theory of state and law should be the fundamental, methodological science that dictates its own view of concepts and ideas, perceived in the future by branch sciences.     According to the results of the study, the author comes to the conclusion that the subject of the offense are elements of matter under legal protection, through the negative impact on which harm is caused to public relations, and the victim is an element of a legal relationship that, from his point of view, cannot act as either the object of a legal relationship or its subject. Through the illegal encroachment of the offender on the victim, they cause harm to the public attitude under the protection of the law as a whole.In the question of the relationship between the subject of the offense and the victim, we came to the conclusion that the subject of the offense are elements of matter under legal protection, through the negative impact on which harm is caused to public relations, and the victim is an element of a legal relationship that, from our point of view, cannot act as either an object of a legal relationship or his subject.
Stepanova A. - Legal framework for continuous environmental education of Finnish citizens as the basis of environmental wellness of the country pp. 43-55


Abstract: Finland is one of the leading countries in implementation of the principles of sustainable development on the federal level. The foundation for successful environmental policy of this country is the comprehensive and continuous environmental education of citizens. Finns are recognized by the global community as one of the most environmentally conscious people in the world. The article explores Finland ‘s experience in implementation of environmental education in all spheres of social life. Special attention is given to international agreements and conventions that considerably impacted the recognition of environmental education as the basis for the development of environmental culture of the population. The author determines the stages of formation of the normative framework for implementing the environmental education policy. Analysis is conducted on the functions of the main government branches that are responsible for the development of plans and strategies on implementation and coordination of all-round environmental education. The author explores the mechanism of cooperation of the key actors in implementation of the strategies of sustainable development of the country. The article provides the examples of realization of the policy of continuous environmental education in preschools, schools, higher educational institutions, and other educational establishments; as well as the methods of instilling environmental consciousness in the citizens of all age groups. The author analyzes major achievements of Finnish policy on improving environmental culture and increasing environmental awareness of its citizens; assesses its effectiveness and role in setting the course for sustainable development of the country. The experience of Finland can serve as an example of improving this institution in the Russian Federation.
Mukhin I.V., Malykh I.V. - On the concept of legal work in a commercial organization pp. 56-65


Abstract: This article explores the problem of ambiguity of the category “legal work in a commercial organization”. A well-founded, logically accurate conceptual-categorical apparatus is important not only from a scientific perspective, for achieving the practical effectiveness of such activity as well. The authors raise the question on the absence of legislative consolidation of this category. Analysis is conducted on the existing in legal doctrine approaches towards the concept of “legal work” and “legal work in a commercial organization”. The conducted analysis of legislation and legal doctrine on the subject matter allows concluding on the need for distinguishing a narrow and broad approaches towards definition of the concept “legal work in a commercial organization”. In a narrow sense, it is offered to views this concept as a competent legal activity carried out by the expert, legal adviser, or external lawyer for ensuring effective functionality of the mechanism of legal regulation and systematic receipt of profit. In a broad sense, this concept should be viewed as an actual legal work and the activity of all structural departments, under the supervision of legal service, legal adviser or other entity, who can render a competent legal aid. The authors suggest adopting a special federal law that would regulate legal work, obligating the commercial organizations to hire competent legal experts. This would correspond to the trend of professionalization of legal aid, increase the effectiveness of protecting the rights and legitimate interests of organizations, and thus reduce legal nihilism, improve the quality of justice, optimize the burden on public authorities, and ultimately, contribute to observance of the general legal principle of legitimacy in entrepreneurial activity.
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