Legal Influence Research Articles

Shaping REDD+: Interactions between Bilateral and Multilateral Rulemaking

Abstract This article studies bilateral partnerships on reducing emissions from deforestation and forest degradation (REDD+), particularly those led by Norway, through the conceptual lens of legal diffusion. The article argues that rules created through such partnerships have significantly influenced rulemaking under the United Nations Framework Convention on Climate Change. It shows that bilaterally developed rules have spread to other countries beyond the original partners, particularly in respect of topics such as financial institutional structures and a results-based approach to REDD+. Reciprocal legal influence between multilateral and bilateral legal developments can further be seen in relation to other topics, such as monitoring, reporting and verification. The article shows that legal concepts related to REDD+ travelled in different directions, showcasing interactions between bilateral and multilateral arenas in the construction of international norms, as well as interactions between the law for environmental protection and development cooperation.

Cancellation of Licenses and Other Special Permits in the Field of Business Activities as Administrative Enforcement Measures: the Essence, Grounds and Problems of Application

The article deals with topical issues of understanding the essence, grounds and conditions for applying to legal entities-commercial organizations, and individual entrepreneurs such measures of administrative and legal influence as the cancellation of licenses or other special permits granted to them to carry out certain types of business activities or to perform certain actions in the field of entrepreneurship. In administrative law science, there are different approaches to determining the substance of the administrative legal measure under consideration and the purposes of its application. Cancellation of licenses and other special permits is qualified in the literature as a measure of administrative warning, as an administrative and preventive measure, as a preventive and restorative measure, and even as a measure of administrative responsibility. The rules governing the granting and cancellation of licenses and other special permits are not systematized, they are contained in a variety of Federal laws and laws of the subjects of the Russian Federation that establish various grounds for termination of the relevant licenses and permits, including those that are not related to the Commission of any offenses. In this regard, there is a need to conduct a study of the legal nature, grounds and purposes for revoking licenses and other special permits granted to business entities. The purpose of the research is to identify problems of theoretical understanding, regulatory regulation and practical application by Executive authorities, local government bodies and courts of this administrative and legal measure and develop possible approaches to their solution, including by making the necessary changes and additions to the current licensing and permitting legislation. Based on this goal, the research aims to study the relevant Federal laws, scientific and educational literature, analysis and synthesis of materials of judicial practice in cases of revocation of licenses and other special permits issued to commercial organizations and individual entrepreneurs. During the preparation of the work, methods of formal legal analysis and synthesis of normative material and judicial practice were used. As a result of the research the author formulated the following main conclusions: 1) depending on the legally established grounds and purposes for applying the cancellation (termination) of a license or other special permit issued to a legal entity or individual entrepreneur, this measure may be referred to as administrative measures or administrative-legal confirmation of the loss by the license holder of the special right granted to him in the field of business; 2) cancellation of a license or other special permission in the sphere of business activity as a measure of administrative restraint is an authoritative influence of a competent administrative and public body or arbitration court on a legal entity or individual entrepreneur who has been granted a license or other special permission to carry out certain types of business activity or to perform certain actions in the field of business, consisting in making a decision on cancellation (cancellation, invalidation) of the specified licenses or permits in connection with violations committed by their holders of mandatory, including license, requirements aimed at forcibly terminating the relevant illegal activities or actions; 3) a license or other special permit may be revoked (revoked, invalidated) only if the following conditions are met: 1) the holder of a license or other special permit has committed gross (significant) violations of mandatory (license) requirements; 2) prior to the decision to revoke (revoke, invalidate) a license or other special permit, the following administrative enforcement measures were consistently applied to their holder: issuing an order to stop the violations committed and eliminate their harmful consequences; suspending the license (permit) in case of non-fulfillment of the issued order with the issuance of a second order that was not executed within the established period; 4) in order to ensure uniform legal regulation of the granting and termination (cancellation) of licenses and other special permits for certain types of business activities or for performing certain actions in the field of entrepreneurship, it is necessary to prepare and adopt the Federal law «On the basis of licensing and permitting activities in the Russian Federation», which, among other things, must exhaustively define the cases, grounds and procedure for canceling these licenses and permits. Тhe procedure for consideration by arbitration courts of cases on revocation of licenses and other special permits should be set out in a separate Chapter of the Arbitration procedure code of the Russian Federation.

INSTRUMENTS OF PUBLIC ADMINISTRATION ACTIVITY REGARDING DISCRETION IN APPLYING PROVISIONS OF FINANCIAL LAW

Introduction. In the latest practice of law enforcement in financial law, the institution of discretion is widely used for taxation and public financial policy in terms of exercising the powers of regulatory authorities and taxpayers. At present, there is no standard procedure for exercising discretion in applying the provisions of financial law: 1) how and on the basis of what discretion is to be exercised; 2) criteria and sequence of analysis; 3) comparison of facts with the rule of law; 4) consequences of coincidence of fact / norm; 5) evaluations by criteria; 6) interpretation; 7) justification; 8) formation of conclusions; 9) giving similar legal positions; 10) how to make decisions within the discretion. The main problems with the improper exercise of discretionary powers to apply the rules of financial law are related to the insufficient quality of public administration instruments through which law enforcement and influence on private law entities are exercised. Additional research requires the formulation of clear limits on applying the provisions of financial law in the procedural dimension. A mechanism for exercising discretion in the application of financial law is to be developed in the dimensions of procedure and legal proceedings. The goal of the article is to reveal the essence of the tools of public administration on discretion in applying the provisions of financial law. Summary of the main results of the study. Firstly, the types and features of the tools of public administration regarding discretion in applying the provisions of financial law have been outlined. Within the relevant legal regimes and dispositive procedural dimension of discretion in applying the provisions of financial law, the instruments of public administration are a means of public legal influence on the subject of financial law in order to ensure stability and unity of law enforcement practice. Secondly, the supporting role of the procedural instrumental measurement of the public administration activity has been clarified. For law enforcement in financial law, only the interfering component is not enough to properly ensure the rights of a person to property, the exercise of the legitimate interests of taxpayers, participants in customs, anti-dumping and other legal relations. The implementation of public financial policy is associated with purposeful structuring influence on the subject of law within specific legal relations with the observance of public interest in maintaining law and order. Thirdly, the prospects of automating decision-making in discretionary relations, in particular, through the digitalization of processes. Conclusions. The instruments of public administration influence financial relations, creating a basis for satisfying the public interest of the state and private interests of taxpayers, as well as the supranational European integration interest. Via such tools, the regulatory function of financial law is embodied in the practice of law enforcement and the task of implementing discretionary relations in compliance with the principle of the rule of law is achieved. The tools of public administration on discretion in applying the provisions of financial law include: basic (regulations and administrative acts); auxiliary or facilitating (acts-actions, acts-plans, administrative agreements). In their unity and interaction, lawful and effective law enforcement is possible, taking into account the public interest of the state, public needs and private interests of subjects of private law.

JUSTIFICATION OF LEGAL PLURALISM IN THE MODERN WORLD

ANNOTATION: the article is devoted to the study of the basic directions of justification of the need for legal pluralism in the modern world. It is proved that the arguments of the supporters of the concept of legal pluralism can be systematized by distinguishing the substantive legal, cultural-psychological, global-historical and pragmatic aspects of the studied issues. The substantive-legal aspect of the justification of legal pluralism is connected with the understanding of law as a phenomenon, which is not limited to state-government normative prescriptions, but also permits the existence of relatively autonomous legal systems created by different social groups. This approach is most consistently advocated by representatives of the sociological school, social anthropology and the communicative theory of law. The cultural-psychological aspect of the justification of legal pluralism is connected with the fact that in modern society exist a significant number of ethno-cultural communities, each of which has a special understanding of equality, freedom, justice and order. Ignoring the cultural and religious diversity of the population by the state can lead to informal regulatory practices, shadow law and shadow justice. The global-historical aspect of the justification of legal pluralism reflects the impact of globalization, information technology, postmodern philosophy on the development of state and law. In the world today, there are many organizations with their own legal order and the ability to exert legal influence over different entities, regardless of their nationality. The pragmatic aspect of the justification of legal pluralism is oriented towards ensuring the effectiveness of legal regulation, since centralized state-government regulation does not always ensure the proper achievement of the objectives of law. This thesis is illustrated by the example of Latin American law. It is concluded that each of these aspects is sufficiently substantiated, and together they form a reliable "framework" of the scientific justification for the need for legal pluralism in the modern world.

Does the Law Change Preferences?

Abstract “I would prefer not” HERMAN MELVILLE, BARTLEBY THE SCRIVENER: A STORY OF WALL STREET (1853), reprinted in THE PIAZZA TALES 32, 48 (London, Sampson Low, Son & Co. 1856). Scholars have recently challenged the claim in classical deterrence theory that law influences behavior only through the expected sanction imposed. Some go further and argue that law may also “shape preferences,” changing people’s wants and values. In this Article, we analyze existing claims that criminal and civil law alter preferences and conclude that none suggest that the law shapes preferences. We first clarify this preference-shaping claim by elaborating the structure of rational choice theory generally and “preference” in particular. We then investigate three mechanisms of legal influence suggested by the preference-shaping literature: (1) the “serious harm” mechanism; (2) the “social norm” mechanism; and (3) the “self-improvement” mechanism. We then show that each of these mechanisms operates by changing the agent’s beliefs about the attributes or consequences of her choice options rather than by changing her preferences.

CONSTITUTIONALLY LEGAL MECHANISM FOR ENSURING RIGHTS AND FREEDOMS OF A PERSON AND A CITIZEN: CONCEPTS AND DIRECTIONS TO ACT

One of the indicators of the fulfillment of international obligations by the state in the field of human rights is the perfect definition of the mechanism for ensuring the rights and freedoms of a person and a citizen. The purpose of this article is to clarify the concepts and directions of the constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen.
 The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc.
 The rights and freedoms of a person are complex. Structural elements of the human rights protection mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the legal framework of human rights, the system of human rights guarantees, and the system of human rights protection. Such legal phenomena as the mechanism of guaranteeing the fundamental rights and freedoms of citizens and the constitutional and legal mechanism of ensuring the fundamental rights and freedoms of citizens are not identical. Only the mechanism of guaranteeing the fundamental rights and freedoms of citizens contains both social and legal conditions and means that ensure the realization, protection and security of citizens' rights and freedoms.
 The definition of the concept of constitutional and legal mechanism for ensuring the rights and freedoms of a person and a citizen has been clarified: this is the system of organizational and legal and legal means of influence, through which opportunities for the implementation of rights and freedoms of a person and a citizen are created, and in case of violation or threat of violation, their protection is exercised by the bodies which are not vested with jurisdiction and the protection of bodies vested with jurisdiction. The main activities of this mechanism are embodied into the forms of ensuring the constitutional rights and freedoms of a person and a citizen: ensuring the implementation, protection and security of these rights and freedoms

Features of Investigative Activities Results Application at the Stage of Execution of a Sentence (Case Study: Justifying the Need to Change Punishments and Measures of a Criminal‑Legal Nature, not related to Isolation from Society, towards Toughening)

The paper is devoted to the problematic issues that arise when using the results of investigative activities (IA) at the stage of execution of the sentence. The authors draw attention to the importance of the procedure for proving the facts of concealment of a convicted person from control by the criminal executive inspectorate in cases of submission of submissions to the court on toughening punishments. The information obtained in the course of the IA has a greater informational value for substantiating decisions on issues to be considered by the courts during the execution of a sentence, and their application would make it possible to better motivate the representations of the relevant institutions in the process of proving the need to change penalties and measures of a criminal legal nature that are not related with isolation from society, towards tightening. The paper focuses on the need for an integrated approach to the development of the norms of the current legislation in order to regulate in detail the procedure for conducting IA in relation to persons evading criminal punishment, and measures of legal influence, as well as using the results obtained to substantiate the submissions submitted by criminal executive inspectorates to the court.

LEGAL MEANS AND INSTRUMENTS OF REGULATION ECONOMIC RELATIONS IN UKRAINE

The paper investigates the most optimal forms and methods of legal influence on public relations in the field of economics. The absence of the main element of the economic mechanism – competition requires a proper assessment of the causes of existing problems, the right choice and the optimal set of means of influencing economic relations in order to accelerate the socio-economic development of Ukraine. Among the numerous legal problems of state regulation of the socio-economic sphere, two are identified, which are interdependent – ensuring the stability of the hryvnia exchange rate and increasing the share of goods of own production in the domestic market. To ensure the stability of the hryvnia exchange rate, the need to fix it for a long time with the establishment of an allowable range of fluctuations, in which the exchange rate changes in both directions with equal probability, is substantiated. The devaluation of the exchange rate should not be planned in the State Budget and used as a way to hide its actual deficit. The real budget deficit should be determined by the sum of the percentage of hryvnia devaluation and the percentage of the planned direct budget deficit. The hryvnia exchange rate should not be fixed in the State Budget, as such a provision of the law releases the National Bank of Ukraine from the constitutional obligation to ensure the stability of the hryvnia exchange rate provided for in Art. 99 of the Constitution of Ukraine. The means of maintaining a stable hryvnia exchange rate is to increase the share of goods / services of own production in the domestic market and to reach the minimum critical level of 50% within one or two years. To assess the achieved level, it is not necessary to use statistical indicators, but only the actual amounts of VAT contributed to the budget received from the sale of goods / services. Achieving the proposed level involves the transition to innovation and investment model of economic development. Two own sources of investment are proposed – the introduction of a new tax on exported capital and the forced legalization of capital exported from Ukraine earlier.

ПРАВОВИЙ ВПЛИВ У СИСТЕМІ СОЦІАЛЬНОГО ВПЛИВУ

The article deals with the views of scholars on legal influence in the system of social influence. Using a systematic methodology for the study of legal phenomena, the social system is revealed in its relationship with law and legal influence from the standpoint of modern theory of law. Social norms in the system of social influence are characterized. It is noted that the main purpose of social norms is to ensure the system nature of social relations, orderliness, organization, and focus on socially useful results. In the context of the modern understanding of these legal institutions, such types of regulators of social relations as custom, tradition, moral, religious, political, corporate and legal norms are distinguished. A feature of legal influence is a specific toolkit, which consists in a unique set of legal means, methods and techniques of influence, through which law affects people and society. Psychological, economic, organizational and managerial, political, cultural and religious direction of influence cannot be effective without the influence of the legal, because law regulates in detail the important aspects of public life and consolidates the interests of society. Issues of economic organization, the functioning of the political system, and some issues of organization of cultural life of society are reflected in law. Other areas affect certain aspects of human life. These areas actively interact, having a comprehensive impact on society. Each type of social norms has shortcomings, but, acting in the system, they affect various aspects of the human psyche, ensuring the fullness of social influence, contributing to the common goal – the desired state of social life. Legal influence has a special place in the system of social influence.

Features of criminal and legal protection оf state secrets under US law

The article is devoted to determining the features of criminal law protection of state secrets under US law. The system of US regulations in the field of protection of state secrets is considered. The classification of types of state secrets is given. The grounds for criminal liability for crimes in the field of protection of state secrets have been determined. The measures of criminal and legal influence applied to the persons who have committed such crimes are revealed.

Elements of the special budget fund: the experience of Ukraine

Problem setting. The budget has a horizontal and a vertical structure. Yes, Art. 9 and 10 of the Budget Code of Ukraine stipulate that the relevant budget includes revenues and expenditures of the latter. According to Art. 13 of the same Code, the components of the budget are general and special funds, i.e. the legislator establishes the vertical structure of the budget (both state and local) [2, p. 49]. Analysis of recent research. The study of the vertical structure of the budget, components of its special fund at one time were the subject of research by such scientists as: V. Demyanyshyn, O. Dmytryk, N. Nechyporuk, V. Pihotsky and others. At the same time, at the present stage of development of budgetary legal relations in Ukraine, this issue remains out of the attention of scientists. Thus, the purpose of the article is to analyze the legal regulation of the elements of the special fund of the budget. Article’s main body. The article focuses on the consideration of the components of the special budget fund. It was emphasized that now more than ten funds are allocated as part of the special fund, which include such as: the State Road Fund, the State Fund for Radioactive Waste Management, the State Fund for the Development of Water Resources, etc. The analysis of the legal regulation of each of the above funds as components of a special fund budget. Conclusions and prospects for the development. Based on the analysis, we state that in the current conditions of development of budgetary and legal relations there is a need to make certain changes to the current budget legislation to improve its quality and unanimity of law enforcement. In particular, in the context of legal regulation of the components of the special fund of the budget it is necessary to: clearly define the procedure for selecting projects (areas) that will be financed from the relevant fund; apply measures of budgetary and legal influence for misuse of the fund, as one of the features of the elements of the special fund of the budget is the presence of a clearly defined purpose.

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The article is devoted to the study of the main elements of the mechanism of legal incentives: legal incentives and incentive legal relations in labor law. Based on the analysis of works of domestic and foreign scholars on general theory of law and representatives of various branches of law, including labor law, the author emphasizes that stimulating legal relations are quite dynamic phenomena � they arise, change, cease. The dynamics of legal relations is associated with real life circumstances, which in legal science are called legal facts. Since the result of the action of legal incentives is the emergence of a socially active act, the legal facts can only act as lawful actions. Implementation of a legal incentive is a form of socio-legal activity of legal entities. Legal incentives also affect behavior indirectly � through consciousness and will, that is, what determines the behavior itself. Purposeful labor activity carried out with the help of legal incentives that affect the consciousness of the subject, and is the process of regulating the actual legal relationship. The subject of labor relations develops, first of all, the ideal model of his behavior, assessing the content of legal incentives, taking into account the current practice, anticipating the possible favorable consequences for him. In real behavior of the person the maintenance of stimulating legal relations is realized. The goal of the stimulating subject is achieved. It is emphasized that the stimulating legal relationship as a kind of labor relations has the following features: stimulating legal relations arise between the subjects of labor relations, it is the result of voluntary and conscious action of the employee; incentive legal relations arise, change or terminate only on the basis of legal incentives. Legal incentives generate a stimulating legal relationship and are directly realized through it; the subjects of stimulating legal relations are the bearers of subjective rights and legal obligations; stimulating legal relationship is characterized by such a quality as individuality, it identifies specific participants and determines the extent of their lawful behavior; stimulating legal relations are voluntary. For their emergence, it is not enough to have a legal incentive that includes the state will. The main thing is the manifestation of the will of its participants, as the stimulating legal relationship is realized, primarily through human consciousness; stimulating legal relations are especially protected by the state, which is directly interested in their effectiveness. Based on an in-depth theoretical analysis of existing views in legal science, the relationship between legal incentives and incentive legal relations in labor law is revealed. The process of stimulating employees from the point of view of its legal nature is analyzed. Emphasis is placed on the fact that the emergence and development of incentive legal relations is directly dependent on the mechanism of legal incentives. The mechanism of legal incentives is a complex systemic phenomenon, the components of which are formed as a mechanism of legal regulation - the main special legal form of legal influence, and non-legal forms of legal influence, which in some way from the internal characteristics of the person. It is emphasized that certain legal remedies, which are presented in the mechanism of legal incentives, do not affect the effectiveness of this mechanism and only in their totality and interaction, they ensure its effective operation.

Regulating Liability for Crimes Against Monetary Systems in the Context of Digitalized Economic Relations

A monetary system is a historically established model of organized monetary circulation that includes the national monetary unit (legal tender), the types of banknotes, and the order of their issue and circulation. This model is normatively fixed, since it is a core component of the national economy. At the same time, the security of a monetary system is a primary strategic goal in the economy of a nation. The achievement of such a goal is possible by solving specific tasks related, inter alia, to the prevention of criminal actions in the analyzed area.
 As key elements of crimes against the monetary system, national criminal legislation should highlight property obtained by criminal means, including laundering of funds (Articles 174 and 1741 of the Criminal Code of the Russian Federation), counterfeiting (Article 186), and the illegal turnover of payment funds (Article 187). Given the dynamics of changes taking place in society and the state, the structures of criminal elements are likewise subject to transformation, especially with regard to the development of digital financial technologies.
 The legal vacuum of the new sphere of public relations, its subordination to algorithms and programs on the one hand, and the blank nature of these norms of criminal law, on the other, as well as the imperfections of procedural mechanisms focused on regulating analog public relations, as opposed to digital, on the other, form barriers to legal influence. This article is devoted to the analysis of these and other problems of the legislative regulation of crimes that encroach upon the monetary system via digital economic relations.

Процессуальные сроки как средство обеспечения эффективности гражданского судопроизводства: в поисках оптимального правового воздействия

The problem of timeliness and effectiveness of judicial protection is still actual. Procedural deadlines can be a means of ensuring the effectiveness of civil litigation. Their use requires the selection of optimal means of legal influence on procedural relations, the formation of conditions and incentives, which implementation will increase the effectiveness and ensure the timeliness of civil procedure.

International corporate constituency as a human problem

ABSTRACT This article frames constituency in relation to international corporate persons (ICPs) as a Jessupian ‘human problem’, constructively and politically. Drawing from examples in international trade law and international investment law it demonstrates the transformative power of ICP interests in the making of contemporary international economic law (IEL). It then analyses the logics of the economic and legal thinkers who facilitate this power in IEL and suggests these logics enabled a corporate constituency that separates the interests of the law from the interests of humans, both as subjects of law and as sources of institutional legitimacy. In the process, it shows that at least one ‘human problem’ with IEL’s corporate constituency—and by extension IEL itself—is that it is based on domestic market wisdoms projected internationally. By failing to account for the political and legal influence of the most significant transnational market participants, IEL is structurally insulated from human problems.

The decline and fall of an early modern slum: London's St Giles ‘Rookery’, c. 1550–1850

AbstractThe Rookery of London's St Giles-in-the-Fields became the city's most notorious slum by the eighteenth century. This article asks why? Why there, why then and why for so long? Building on existing research about urban development and the failure of local government, by considering the geography, economics and legal influences acting upon the space and the people who interacted with it over the long durée, it becomes clear that the Rookery of St Giles-in-the-Fields was always high risk because of happenstance of geography, but that a lack of leadership from its owners and a system of urban upkeep that distributed responsibility too widely led to its longevity and the depth of its misfortune.

The substrate of criminal-legal influence

The aim of the article is found on the idea of measure as a substrate of criminal-legal influence. The publication proposes to consider the measure as a substrate of external forms of legal influence and criminal-legal measure as a primary element of all external forms of criminal-legal influence (in connection with the commission of a criminal act). The analysis allows us to conclude that the substrate of legal influence is a basic element of socio-legal regulation (which substantively combines a system of techniques and methods of influence used to obtain a positive and socially significant result). It should be understood that a criminal-legal measure is a system of techniques and methods of coercive and rehabilitation-encouraging influence of the state on criminal practices (criminal offenses, objectively illegal acts, abuse of law) and lawful post-criminal behavior, which is carried out by the law, determined by the socio-cultural environment. It is concluded that such ideas of Leonardo Polo as coexistence, the abandonment of mental limit, his thoughts on ethics, knowledge, and law can be applied successfully when the criminal-legal measure is characterized by several features that distinguish it from measures of the legal influence of another industry.

Influence of shadow economy legalization on national security of Ukraine

The held analysis indicates about the availability of a wide spectrum of schemes and instruments of tax evasion, complex application of which, apart from reduction of the fiscal flows, causes deterioration of the economic environment and appearance of the negative macroeconomic consequences: distortion of the payment balance, capital outflow from the country, formation of additional pressure on the exchange rate, destructive influence on the formation of differently vectored priorities of the customs and tax policy of the country, and deepening of corruption schemes. In general, these losses are reflected in significant volumes of shortfalls in budget revenues and the ability of public authorities to perform functions and powers assigned to them. Under the condition of accelerated development of the European integration processes, entry to the new markets for sales of goods and services, the analysis and identification of all possible schemes of tax evasion and illegal financial flows formation take an important place in the general state strategy on the country’s development. The availability of a considerable variety of types and forms of the shadow financial transactions implementation requires the implementation of a measures complex, aimed at timely identification and prevention, development of methodological instruments for assessment of the effects from the existence of the shadow sector in the national economy. This situation makes it necessary to develop an efficient instrumentarium on counteraction to tax evasion, making it possible to timely detect illegal actions of the economic entities at all stages of their appearance. The development of these measures will contribute to financial security level improvement and strengthening of competitiveness of the economy of Ukraine.

Особенности разрешительного типа правового регулирования земельных отношений

At the present stage of the land law development, issues concerning the type of legal regulation of land relations, the structure of its method, the ratio of the implemented methods of legal influence, despite their theoretical conservatism, are of particular importance and predetermine further trends in improving its standards. The article defines the peculiarities of the ratio of the main methods of legal influence (permissions and prohibitions) with a permissive type of regulation of land relations, as well as its influence on the process of internal differentiation of the land law standards. Special attention is paid to the analysis of the constitutional basis of the considered type of legal regulation and the peculiarities of the legislative objectification of prohibitions and permissions in regulatory legal acts that are the sources of the land law. We substantiate the conclusion that land legislation, as a form of objectification of permissions and prohibitions, at the present stage of its development is a system of regulatory legal acts of the transitional period, which requires the development of a conceptual framework based on a systematic approach to determining the content of land law institutions. It is proposed to consider a specific method of legal impact, implemented at various levels of standard regulation, as one of the criteria for segregation of a separate group of the land law standards into a legal institution.

Уголовно-правовое воздействие в механизме обеспечения экономической безопасности (проблемы и тенденции законодательной регламентации)

Уголовно-правовое воздействие в механизме обеспечения экономической безопасности (проблемы и тенденции законодательной регламентации)