law

The article focuses on the concept of power in various doctrines of European countries and its functioning within the doctrines before the concept of institution of state based on the rule of law emerged.

Introduction. The article deals with the theory of law by Nicholas Luhmann as one of the most important conceptual and methodological sources of Western communicative theories of law developed in the context of post-metaphysical thinking in social theory. Theoretical analysis. In the social system of Luhmann, communication communicates, so the concept of Luhmann belongs to the number of non-subjective ones. The legal system in this concept is formed by the diff erentiation of communications, thanks to which a legal co de arises. On its basis, specifi c communications are redefi ned, being included in the legal system. The function of the legal subsystem is to stabilize other subsystems by normalizing the expectations of counterparties and “monitoring” all subsystems. Empirical analysis. Luhmann shows that the justifi cation of law within law is impossible due to the paradox of self-application – law cannot determine whether it is itself a law. The logical paradoxicity of law does not cancel its functionality, since the basis of law is transcendent and is brought into the political system. Results.The Luhmann model of autopoiesis is not correlated with usnaturalism, since it is focused on the processes of social self-organization. It refl ects the classical explanatory schemes traditional for legal positivism, since positivization is ultimately subordinated to the transcendent political basis of law.

Introduction. The article deals with topical issues of universal introduction of antimonopoly compliance as one of the ways of law enforcement and law and order in the country. The author of the research relies on the analysis of various normative legal acts in the field of antimonopoly regulation and development of competition. Theoretical analysis. The author claims that emergence of the problems in the field of competition on the Russian market was caused by the heritage of the Soviet command economy and subsequent stagnation of economic activity. The analysis of key problems in the field of antimonopoly regulation and development of competition is carried out within the search for the mechanism of improvement of this management sphere. This includes creation and organization of a system by federal organs of the executive authorities to ensure the compliance with requirements of the antitrust law. Empirical analysis. The article is aimed at logical and systematic description of pluses and minuses of antimonopoly compliance both from the point of view of theorists and practitioners of law, and in terms of balance of interests of business and authorities for the sake of prosperity of society. Results. In the developing conditions of national economy, antimonopoly compliance will gain value of one of the most effective mechanisms of realization of public policy in the field of providing law and order and legality. Coordination of actions of executive authorities of all levels, business and society within creation and organization of the system, that will ensure compliance with the requirements of antitrust law, will be a guarantee of the successful future of our country.

Introduction. The United Nations and the World Health Organization are completing the formation of an international system of sexual and reproductive rights and freedoms, carrying out the implementation provisions of this system into national law. The ongoing process obeys to a number of general rules, whose analysis is carried out in this article. Object. Universal patterns in the development of sexual and reproductive rights and freedoms, using as illustrations of this development the constitutions and the laws of India, Switzerland and Gabon. Results. The author analyzes the constitutional establishment and regulation of sexual and reproductive rights and freedoms in the studied countries. The studied countries are located at different stages of the process of achieving the highest possible level of compliance and protection of sexual and reproductive rights and freedoms. Conclusion. The process of achieving the highest possible level of compliance and the protection of sexual and reproductive rights and freedoms proceeds inductively. The article presents a model of this process.