Legal Form Research Articles

A methodology to map chains of general practices in the Netherlands

Abstract Background Commercial entities are increasingly interested in acquiring Dutch general practices (GPs). They see profitable opportunities in upscaling by forming chains. Chain organizations integrate business processes of GPs within one organizational unit. The governance structure of these chains can be complex, leading to opacity and difficulties to see conflicts of interest and market power. To investigate how this development may have an impact on quality and accessibility of care, it is first needed to establish the ways in which these chains are formed. By mapping the chain structure in a data-driven way, impact monitoring becomes possible. For the Netherlands we investigated how chain structures of GPs can be empirically identified. Methods Background data of approximately 4,800 Dutch GPs from the Nivel Healthcare Professional Registries was linked with data from the Chamber of Commerce’s Trade Register. This enabled the determination of the legal form, business location, ownership, and director identification for all GPs. By this data-driven manner, the variation in organizational structures of all Dutch GPs was mapped and analyzed. Results Four different chain variants of Dutch GP chains were identified based on three types of relations between the chain organization and their GPs: ownership, location and the composition of the board of directors. Based on ownership, two ‘top-down’ chain variants were identified. Two ‘bottom-up’ chain variants were found based on location and board composition: (1) a chain organization acquires a seat on the board of the GP, and (2) the GP and the chain organization share the same business address. Combining these variants provides a new typology of GP chains in the Netherlands. Conclusions Our methodology enables to empirically map chain formation in primary care. By developing a new typology in a systematic way, a foundation is created to monitor organizational developments and their impact on quality and accessibility of care. Key messages • A typology of Dutch GP chains was developed based on three relations: the ownership, composition of the board and the establishment location of the chain organization and its practices. • Our methodology was put into practice to map different chain structures of GPs in the Netherlands, but it is not limited to primary care and can also be applied in other sectors and countries.

RETROSPECTIVE ANALYSIS OF DESIGNING ANTI-CORRUPTION ACTS AT DIFFERENT LEVELS OF INTERNATIONAL LEGAL ANTI-CORRUPTION

It has been established that international legal countermeasures against corruption are carried out at three levels: global (by the United Nations, the Organization for Economic Cooperation and Development, the World Bank, etc.); regional integration (Council of Europe, European Union, other integration associations); bilateral intergovernmental and interagency cooperation. There is no coordination of directions and means of combating corruption between them. Therefore, international anti-corruption activities at all three levels developed not only in different directions, but also in many ways spontaneously. It has been proven that the wide participation of international organizations in the fight against corruption and the variety of anti-corruption legal means used by them contribute to the concentration and coordination of the efforts of states in the fight against corruption. Another positive effect of the acts of international organizations is also noted: drawing the attention of civil society to the tasks of combating corruption, they significantly strengthen the potential for their full solution. On the other hand, the variety of subjects and legal forms of international legal anti-corruption often create legal conflicts between acts operating in this area. Such collisions create, for example, different approaches to defining the concept of corruption. It is noted that the concepts of designing anti-corruption acts, based on the ideas and methods of system design of complex technological processes and objects, are more and more widely used in the law-making practice of international organizations and states of the modern world. Their influence on the legal regulation of social relations is increasing, confirming that at the current stage of socio-economic, technological, informational development, the complication of social relations, the rapid increase in their quantitative parameters and indicators, the growing danger of man-made and natural disasters, the introduction of system design becomes impossible. It is gradually displacing the maximally ineffective under such conditions practices of «industry», «fragmentary», «point», «situational» legal regulation. It has been established that the systematic design of anti-corruption acts primarily involves conducting comprehensive studies of law-making initiatives. In the course of such studies, all factors that may affect the intended sphere (object) of legal regulation must be analyzed; the opinions, positions, and evaluations of not only regulatory and control-supervisory state bodies, but also potential participants in the projected legal relations should be taken into account.

Sustainability Assessment of the Performance of Parmigiano Reggiano PDO Firms: A Comparative Analysis of Firms’ Legal Form and Altitude Range

Geographical indications (GIs), protected by the European Union with the collective marks of PDO (protected designation of origin), PGI (protected geographical indication), and TSG (traditional specialty guaranteed), play an important role in the social and economic system. They not only guarantee food needs, but promote correct consumer information, protect local food, and play a role in the environmental and social sustainability of rural areas. In Italy, Parmigiano Reggiano (PR-RE) PDO cheese is ranked second in foods with the GI protection mark by turnover. This research aims to assess the financial sustainability of the firms registered in the PR-RE PDO consortium using financial statement (FINSTAT) analysis. Financial ratios (FR) and the EM-Score were applied to assess firms’ performance, financial risk, and credit score. The analysis distinguished firms by legal form, cooperative and non-cooperative, and altitude range—plain hill and mountain. The main findings of the research were as follows: (1) a better performance of lowland non-cooperative firms and lower financial risk, (2) a longer duration of the inventory cycle of cooperative firms, and (3) a greater financial risk in mountain cooperatives. The results provide indications for improving firms’ performance and for designing financial instruments for the sector. To our knowledge, this is the first research to carry out an analysis of all the available FINSTATs of firms in the PR-RE PDO sector.

Employee Stock Ownership Plans (ESOPs) as social enterprise

ABSTRACT Discontinuities between the positive outcomes for business entities in Western capitalist countries and low-quality standards of living for large segments of their populations have grown in recent decades. Combined with environmental degradation worldwide and a poor quality of life for many, the future does not look bright for the ability of these societies and their economies to continue to prosper. Proposed institutional solutions include the development of a different form of organization, the social enterprise, broadly defined as a mission focused and profit-making entity. In the United States, these organizations are few, of varied legal form, relatively small and relatively young. Sometimes a mission focus is the reason for the organization’s existence, while for others, the business is the focus with the mission secondary. The Employee Stock Ownership Plan company (ESOP) has been in existence in the United States for decades. It is also varied in legal form, always profit-focused, and often focused on the welfare of workers and communities. Can the ESOP business fill any part of the societal need for which the social enterprise is justified? This paper examines the argument for, purpose, and features of social enterprises and ESOPs to consider possible commonalities in purpose and outcomes.

Criminal liability for human trafficking in the context of the war in Ukraine: Challenges and impact

Martial law and travel restrictions for citizens aged 18 to 60 were introduced after Russia's actions against Ukraine, but exceptions to this rule quickly emerged due to the potential negative consequences for the economy, politics and humanitarian situation. Despite this, society still faces difficulties related to the restriction of fundamental human rights. The study is important because of the increase in criminal behaviour associated with illegal crossing of the Ukrainian border during the conflict. The effectiveness of measures to counter this phenomenon and the socio-economic consequences for Europe can be determined by comparing them to European standards. This comparative analysis will also help to develop recommendations for improving legislation and international cooperation in this area. The research methods used in this study include systemic and structural, formal legal, comparative legal, logical and semantic, dialectical, sociological, statistical, empirical, and analytical. The purpose of this study is to analyse criminal liability for illegal crossing of the State border of Ukraine in the context of the military situation and to identify ways to improve legislation and international cooperation to effectively counter this phenomenon.

Under the shadow of legality: A shadow hauntology on the legal construction of the Women, Peace and Security agenda

Abstract Considered a landmark in feminist international politics, the Women, Peace and Security (WPS) agenda of the UN Security Council has been the object of many feminist explorations. Feminist legal scholars, however, have grappled with the ‘shadowy’ legality of the agenda, mostly analysing it as an ‘unsuccessful’ legal project: a partial or in progress legal norm, a defective legal form that attests (and furthers) the exile of inclusion of feminists in international law, or yet a formalistic discussion with lesser impact for feminist activists on the ground. Drawing from Avery Gordon’s considerations on taking shadows seriously in our production of knowledge, I propose, however, that reckoning with the shadows of the WPS’s legality enables a more comprehensive analysis of how the agenda has been a successful legal project in its own way. Offering a ‘shadow hauntology’ for the legal status of the WPS, I zoom in on the competing legality perceptions shared by relevant actors, the (gendered and colonially-continuous) shadows that have haunted those perceptions into formation, and how these competing visions have shaped the legality of the WPS as a shadow of its own. This study then offers an alternative way of studying legality both to feminist legal scholarship and studies on international legal sources more broadly. More concretely, it embraces the irresolvability of the legal status of a norm to take stock of the different legal projects and legality perceptions advanced by feminist actors and gender experts, in an effort to understand, in their own terms, the successes achieved.

Relational representation: Speaking with and not about Nature

The transnational movement to recognise the rights of Nature continues to fuel experimentation by a growing number of jurisdictions in legal form, content, powers, and governance arrangements. In this paper, we focus on the mechanisms through which Nature is represented in various ways. There is enormous diversity in representational arrangements, but there is no clarity on precisely who should be representing Nature, or how Nature can be represented in human spaces, or even what the intent of this representation is (or should be). We describe a spectrum of representation that ranges from speaking about, to speaking for, to speaking with the natural entity. We develop a model of relational representation that shows the power of speaking with Nature to not only develop relations between the representatives and the natural entity, but also to enable a broader dialogue of knowledges with a wider pool of participants. By examining four case studies (the Mar Menor in Spain, the Río Atrato in Colombia, the Birrarung/Yarra River in Australia and Te Awa Tupua/Whanganui River in Aotearoa New Zealand), we show how these diverse representational models are moving towards the relational end of the spectrum, and identify the challenges and opportunities of relational representation of Nature.

The Political Uses of the Covid Pandemic in the Rise of Greek Neo-Authoritarianism

ABSTRACT Post-2010 economic and more recently pandemic shocks opened the path for re-invigorating Greek authoritarianism while undermining democratic institutions. This paper examines the ways in which the authoritarian conundrum reshapes progressively, on the ashes of the socio-economic and health crises, the cultural and political foundations of the rule of law in Greece. The paper consists of the following sections. First, it tries to discuss critically patterns on authoritarian rule by, first, drawing on its socio-historical origins and analyses in theoretical terms the rise of Greek neo-authoritarianism with an emphasis on COVID-19. Second, it discusses how pandemic laws and subsequent policy processes opened the path for controversial repressive law fostering neoliberal policies. Third, it sheds light on the institutional dimensions of the public health crisis, declared in March 2020 that required public authorities to establish a restrictive and mainly preventive state of emergency, while discussing the political and social consequences of the exacerbation of executive dominance. Fourth, it shows that in moving from a provisional state of emergency—which in principle is not constitutionally unconditional—to a state of (permanent) exception that defies the legal order, Greece has progressively developed an authoritarian apparatus of legal permissiveness, a new form of authoritarian legality.

Criminal Liability of Legal Entities in the Kyrgyz Republic and the Specifics of the Application of Criminal Law Terms

The article examines the dynamics of the development of the doctrinal concept of criminal liability of a legal entity, examines the points of view of leading scientists of criminal and criminal procedure law on existing and promising areas of development of the institution of criminal liability of legal entities in Kyrgyzstan and other countries. The appearance of quasi-criminal liability of legal entities in the criminal legislation of the Kyrgyz Republic seems justified. The article provides a number of arguments in support of the innovations introduced into the criminal legislation of the Kyrgyz Republic regarding the criminal liability of legal entities. In this scientific article, the author reveals the content and dynamics of the development of modern doctrinal discussions on the key problems of the institution of criminal liability of legal entities in the criminal legislation of the Kyrgyz Republic and the positions of the main scientific schools of Kyrgyzstan, Russia and abroad on theoretical issues of criminal liability. legal entities; to identify the main scientific doctrines concerning the understanding of criminal liability of legal entities; to consider the prevailing points of view on the category of the subject of criminal liability. The article also used traditional general scientific research methods such as the dialectical method of cognition, analysis, synthesis, induction, deduction, etc., as well as private scientific legal methods, including formal legal, the method of legal interpretation, etc. The main sources of information are electronic versions of official publications of normative legal acts of the Kyrgyz Republic, special literature on the research topic. The article also substantiates the conclusion that in the theory of criminal law, the category of “legal entity as a subject of criminal liability” is by far the most controversial.

The Day After a Broken Democratic Polity

Abstract Lon Fuller’s fictional Purple Shirt regime, Victor Orbán’s illiberal democracy in today’s Hungary and the Kaczynski brothers’ recently ended unconstitutional republic of Poland are three examples of a ‘broken democratic polity’ in which many aspects of the rule of law and constitutional democracy have been compromised and cannot be fixed without a qualified majority, even if democratic forces come to power. In this article, I address the question of whether illegal state action of a democratic government is an appropriate means of restoring legitimacy to what I call a ‘broken’ polity. Put differently: Is it morally defensible for a new democratically elected government to override and replace the rules of illiberal constitutional reform in violation of formal legality? If so, under what conditions? I argue that a positive answer to this question is justified if we adopt a neo-republican approach to politics and legitimacy.

Producer responsibility organization how non-profit organizations

In connection with the adoption of the Law of Ukraine «On Waste Management», for the first time in Ukraine, such a special subject of these legal relations as an extended producer responsibility organization appears as part of the subjects of administrative legal relations. In Europe, these organizations have been operating for decades, while in Ukraine their activities are just beginning. In this regard, it should be noted that the role of the state, which exercises control over the activities of such business entities on its territory, is always quite important. This control and managerial influence on the activities of certain business entities often depends not only on the areas of their activities, but also on their organizational and legal forms, their profitability or non-profitability, which determines their tax status and forms a certain model of interaction with regulatory authorities. This article analyzes the approach of the Ukrainian legislator to the definition of extended producer responsibility organizations in Ukraine as non-profit organizations, and points out a number of legal issues that may arise in the future in connection with the functioning of the EPROs exclusively as non-profit organizations. It is also stated that the waste management legislation, as it exists today, is new for our country, as it is the result of harmonization of Ukrainian legislation with EU legislation, which, accordingly, provides for its adaptation to the specifics of the work of state bodies, existing business processes and business practices in Ukraine. This raises the need to address certain issues that might not otherwise have been raised. One of these issues is the non-profitability of RWMOs, which the author of the article considers to be the result of an unbalanced approach of the legislator to solving certain problems of RWMOs in Ukraine, and therefore proposes: amendments to certain legislative acts regulating the field of waste management in Ukraine, changing the status of RWMOs from non-profit to profit, which, in the author’s opinion, will allow to build a more efficient waste management system and achieve targets for waste recovery and recycling in Ukraine with the participation of organizations with extended responsibility.

Social entrepreneurship: an innovative tool for solving social problems in Ukraine

It is indicated that in the modern world, where social and environmental problems are becoming increasingly acute, social entrepreneurship appears as an innovative and effective tool for solving them. This phenomenon is at the intersection of business and charity, combining an entrepreneurial approach with a social mission. This article explores the phenomenon of social entrepreneurship as an innovative tool for addressing social and environmental challenges in the modern world. It examines the relevance of developing social entrepreneurship in the context of the UN’s global sustainable development goals and in conditions of limited state resources to meet growing social needs. The author analyzes the historical roots of social entrepreneurship, tracing its evolution from the 17th century to the present day. Special attention is given to the «Triple Bottom Line» concept (profit, people, planet), which underlies social entrepreneurship, and the ideas of Nobel laureate M. Yunus regarding «social business». The article discusses the key characteristics of social entrepreneurship that distinguish it from traditional business, and the principles of social enterprise operation. The author identifies three main models of social entrepreneurship: inclusive, social reinvestment, and innovative social model. Particular attention is paid to the legal aspect of social entrepreneurship in Ukraine, specifically the absence of a special organizational and legal form for such activities and the opportunities provided by current legislation. The author emphasizes the role of social entrepreneurship in the development of the economy and civil society, particularly in job creation, overcoming social isolation, and promoting civic participation. The categories of population for whom social entrepreneurship is especially relevant are considered. The conclusions highlight the potential of social entrepreneurship as a tool for achieving sustainable development and building a more inclusive society, as well as the need for further research in this field, especially in the context of post-COVID reality and the state of war in Ukraine.

Historical and Legal Aspects of the Use of Land Plots for Horticulture

The article focuses on the peculiarities of legislative support for the establishment and development of land plots for horticulture within a historical context. Given that the current legal regulation of land use in the field of horticulture significantly differs from that which existed before the start of land reform in Ukraine, the article analyses the normative-legal framework that has laid the groundwork for the initiation of this type of land use. As a result of the analysis, the role of gardening and viticulture societies is characterized, which were users of land for collective gardening and viticulture even during Soviet times. Attention is drawn to the fact that the Land Code of the Ukrainian SSR of 1970 enshrined only the collective organizational and legal form of gardening (viticulture) and contained provisions according to which the lands occupied by collective gardens are in permanent use by gardening (viticulture) societies.Land plots were allocated to them from reserve lands, the state forest fund, and vacant lands within populated areas. Membership in the society was limited to citizens who did not own private plots or gardens. The activities of each society as a legal entity were regulated by the society’s charter, which was registered in accordance with established procedures. On the land plots designated for collective gardening (viticulture), members of the society were to establish orchards and vineyards on a collective basis and carry out the construction of summer­type garden buildings. Special attention in the article is given to the analysis of social relations that are formed in the field of gardening, which have undergone significant changes due to the initiation of land reform, as well as the adoption of the Land Code of the Ukrainian SSR in 1990 and its new edition in 1992. The article also analyzes the provisions of the current Land Code of Ukraine that regulate the mechanism for transferring land of general use into private ownership of legal entities of gardening societies. It examines, in a comparative aspect, the legal regime of land of general use and other categories of land in Ukraine.

Types of legal entities under public law in German doctrine and legislation

This article examines the concepts and types of legal entities under public law in German doctrine and legislation. The legal status of public legal entities is regulated by the provisions of the German Constitution, the German Civil Code, the Law on Administrative Procedures, the Law «On the Procedure for Consideration of Cases Under the Management of Administrative Bodies», the Law «On Administrative Courts». The author examines the issue of determining the criteria for the classification of legal entities, so legal entities under public law are created in an executive order, act to satisfy the public or public interest, have authority, operate in organizational and legal forms of an open type, are responsible for the activities of their officials, legal the regime of property has certain features, in particular, such property can be transferred for use by legal entities under public law. As a rule, legal entities under public law have a special scope of legal capacity, unlike legal entities under private law, in this regard, the article analyzes the doctrine of ultra vires. The author examines the procedure for creating legal entities under public law in Germany, the types of organizational and legal forms of legal entities under public law that carry out their activities in the form of a public corporation, public institution, public fund. The article considers the sources of property formation of legal entities under public law, in particular, it can be income from entrepreneurial activity, budget funds, contributions of members of public corporations, donations (for example, the German State Bank, the German Chamber of Commerce and Industry, the Prussian Cultural Heritage Fund). The article considers four types of public corporations: territorial, united, personal, real. A feature of the activity of public corporations in Germany is the presence of membership, unlike public institutions.

Energy Diplomacy of Turkmenistan: Determining Factors and Legal Framework

Introduction. Energy diplomacy is an effective means of ensuring energy security (international and national) and, at the same time, an instrument for implementing the foreign energy policy of states. Since energy diplomacy is formed and implemented in the conditions of the state legal and international legal environment, the study of its legal component acquires not only theoretical, but also important practical significance. At the same time, the legal aspects of energy diplomacy (both in general and in relation to specific countries) have not yet been systematically developed in the legal literature, including in the science of international law. Based on the analysis of scientific and regulatory material, the article identifies the features of Turkmenistan's energy diplomacy and its legal support.Materials and methods. Within the framework of the study, the sources of international law related to the topic under consideration, political and legal policy documents and acts of national legislation of Turkmenistan are considered. The theoretical basis of the research was the scientific works of experts in the field of international law and energy law, as well as individual studies of the problem of energy diplomacy, including in relation to a chosen country. The methodological basis of the study was presented by general scientific and special legal methods.The results of the study. Factors of a resource-geographical nature, combined with factors of a political and legal nature (the status of Turkmenistan as a permanently neutral state) determine the originality of foreign energy policy and, significant from the point of view of international law, the features of Turkmenistan's energy diplomacy. The main strategic priority of Turkmenistan's energy diplomacy is to increase the export potential of oil and gas products and, in this regard, to create an extensive, modern and efficient infrastructure for transit and delivery of energy resources to foreign energy markets, comprehensive legal support for these processes. Reliance on the potential of multilateral diplomacy (primarily in the UN system) for the international legal legitimization of their national interests in the energy sector is combined with the development of bilateral international legal relations of energy cooperation on terms of mutual benefit, while respecting the basic principles of international law. The head of state plays a special role in the development and legal formalization of Turkmenistan's energy diplomacy. Embargoes, as well as unilateral restrictive measures, used in the practice of a number of States and individual integration associations, are not used as a means of economic pressure on other States. Special importance is attached to preventive diplomacy within the framework of the Central Asian region.Discussion and conclusion. Turkmenistan's energy diplomacy, being the main means of implementing its foreign energy policy, has an international and constitutional legal framework, in turn, including: the UN Charter and other fundamental international legal acts establishing the basic principles of international law and the provisions of the Constitution of Turkmenistan on adherence to these principles, taking into account its permanently neutral status; Resolutions The UN General Assembly and acts of the constitutional legislation of Turkmenistan relating to the legal formalization and implementation of its permanent neutral status; norms of international law and provisions of the constitutional legislation of Turkmenistan regulating the main forms of diplomatic activity; special principles of international energy law correlating with the norms of the constitutional law of Turkmenistan.

The economic security of a commercial corporation as a principle of corporate law

The article considers the economic security of a commercial corporation as a principle of corporate law, formulates its concept and main features. The necessity of institutionalization of this principle in corporate law to improve the sustainability and competitiveness of companies is emphasized. The interests of the corporation in the context of their priority importance for corporate governance and resolution of corporate disputes are considered. The specificity of threats to economic security depending on the organizational and legal form and public or non-public status of the company is proved. The necessity of development of corporate responsibility according to the restitutive model with simultaneous development of legislation and practice of application of retributive measures has been substantiated. The article analyzes Russian and foreign experience and emphasizes the importance of integration of private and public legal mechanisms for effective risk management and threat prevention.

Justice In Her Labyrinth: Doctrinal Reasoning, Lacanian Psychoanalysis, and Legal Formalism's Problem of the Subject

Justice In Her Labyrinth: Doctrinal Reasoning, Lacanian Psychoanalysis, and Legal Formalism's Problem of the Subject

The Form of the Multinational Enterprises: The Evolution in the Context of the Functional Analysis of Law

In this article, we identify two recent stages in the evolution of the legal form of multinational enterprises (MNEs): the rise of offshore empires by the late 20th century and the emergence of neo-MNEs in the past decade. We examine the gradual shift in the parameters linked to the economic substance unity of MNEs (Part 1) and those associated with their legal multiplicity (Part 2), within the context of the law’s functional analysis. Our findings have revealed that each MNE’s form developmental stage corresponds to changes in all the selected parameters. Furthermore, we note significant changes in the relationship between the MNE’s legal form and its economic substance. This has led us to conclude that the firm’s size is not a necessary characteristic of the MNEs’ form, but serves as a crucial additional criterion for defining the scope of regulatory measures. Simultaneously, optimization of regulatory burdens including the growing importance of sanction compliance is a key factor of forming the MNEs. The differences between new and old MNEs’ forms are primarily the result of technological transformations, reflecting not only a mismatch but also a fluidity in the economic and legal boundaries of MNEs (Part 3). In conclusion, a comprehensive, cross-sectoral approach is required for the legal form of MNEs. Understanding the specifics of neo-MNEs broadens the search scope for new conceptual solutions. States initiate experimental legal regimes, while entrepreneurs develop quasi-public and quasi-corporate structures based on new technologies and quasi-law (standards, customs, soft law). This approach eventually prompts a reevaluation of the normativity concept

Анализ показателей российского финансового рынка

The financial market is a key factor in economic development, an important tool for the redistribution and transformation of investment resources, as well as a litmus test of the state's economic health. The peculiarity of the Russian financial market is its "youth" and "inexperience" in comparison with the markets of developed economies, the path of trial and error, inconsistency in the context of the uniqueness of the financial system of the Russian Federation. This market is particularly vulnerable and volatile in the face of sanctions and global economic turmoil, so it needs competent targeting guidance, effective tools and verified coordination methods and techniques. The fundamental problems of the Russian financial market are quite deep and do not always appear on the surface, which requires an in-depth and permanent tactical and strategic analysis of factors, causes, trends, trends and indicators that can correct the situation in a timely manner in any economic scenario in manual management. The article examines the main features, rallies, features and directions of the development of the financial market of the Russian Federation at the present stage. The analysis of the issuer's statements for 2005–2023, dividend payments for the same period is presented, the dynamics of growth of the segment of mutual funds and exchange-traded mutual funds is considered. A comparative structure of household financial assets in 2017 and 2023 is proposed, the share of different organizational and legal forms of joint-stock companies in the total number of joint-stock companies in 2019–2023, the share of different groups of banks in the value of assets of the Russian banking system in 2000–2023 is given. The final results of the study substantiate the importance of the role of the state as a regulator of the stock market, emphasize its Russian functions, and highlight its conceptual problems. The research is based on the analysis of foreign and Russian publications, as well as on statistical conclusions of financial and statistical data.

Законодательный уровень правового регулирования в субъектах федеративных государств (сравнительно-правовой контекст)

Relevance. The normative prescriptions formed in the subjects of federal states, including in the subjects of the Russian Federation, acquiring a legislative form in accordance with their constitutions, under the conditions of the right granted to these subjects to carry out “their own legal regulation” (Part 4 of Article 76 of the Constitution of the Russian Federation), form a fundamentally new — their own level of legislative regulation in the regions, which is noticeable It also modernizes the role of federal legislation in the system of regulatory regulators of public relations. Widely practiced in the subjects of the Russian Federation and other federal states, the principle of its own legislative regulation brings its positive results. Goal. In a comparative legal context, to substantiate that, thanks to the legislative form of legal regulation formed by the subjects of the federation in a single legal space, favorable conditions are created for the implementation of the constitutional principle of equality in specific relations, which, in turn, contributes to strengthening the unity of the Russian federal state. Methods. The obtained conclusions are based on dialectical, logical, systemic, sociological, as well as comparative legal, formal legal, legal interpretation, statistics and other research methods. Results. The distinctive features, meaning, content, positive role and practical significance of their own legislative regulation in the subjects of federal states are revealed. Arguments are presented confirming that the own legislative regulation in the subjects of the Russian Federation, carried out in the form of specifying federal laws and supplementing them with new content, contributes to strengthening the integrity of the federal state and its sovereignty and as such acts as a key link in the system of regulatory regulators in the regions. The results obtained are new and have practical significance. In this aspect, legal regulation in the subjects of the Russian Federation has not been considered in the scientific literature.