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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 09/2023
This issue is currently being formed. All articles presented on this page have already been included in this issue, are considered published, and will remain unchanged in the final version of the issue along with other metadata of the articles.
Учредитель: Даниленко Василий Иванович, w.danilenko@nbpublish.com
Главный редактор: Даниленко Денис Васильевич, доктор права (Франция), danilenko_d@mail.ru
Contents of Issue № 09/2023
Law and order
Danilovskaia A. - Criminal law policy in the field of fair competition protection and competition policy: correlation and problems of interdependence pp. 1-17



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.
Krotov A.V. - Constitutional and Political crisis in Israel: Revision of the idea of a national Jewish State pp. 18-39



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.
Финансовое и налоговое право
Novikov V.S. - International legal system for combating money laundering and unfair tax competition pp. 40-69



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.
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