Антимонопольное регулирование в цифровую эпоху. Как защищать конкуренцию в условиях глобализации и четвертой промышленной революции
The article is devoted to the problem of mutual correlation between individual and political freedom in the context of ethical, legal and political legitimation of the state. The method - hermeneutical reconstruction and comparative analysis of the state philosophy by Kant, Hegel and Husserl. As a result of hermeneutic reconstruction of Kant’s state philosophy, there are revealed four constitutional factors: the principle of freedom, republicanism, the principle of membership and legality. Kant makes a distinction between noumenal (moral) and phenomenal (political-legal) freedom, emphasizing that in the sphere of politics and law, nominal freedom cannot become the basis of moral law, since it should not be limited from the outside (heteronomically), but only be relied upon by the individual “from within” (autonomously). For Kant, noumenal freedom is the only right initially given to each person on the basis of his belonging to the human race (natural low). The political community, represented by the state, is authorized only to protect this freedom from external coercion, but has no right to encroach on the restriction of internal (nominal) human freedom. Kant chooses the Republic as preferred form of government, since the law is the final authority. As a result of the comparative analysis of Kant’s and Hegel's state philosophy, the author comes to the conclusion that both thinkers are unanimous in understanding freedom as a basis for state legitimization. At the same time, Hegel “removes” Kant's established distinction between nominal and phenomenal freedom and takes as a basis the collective, universal freedom of the state, which embodies objectivity, truth and morality. The highest ideal and duty of the individual is to renounce autonomy in the name of the state, which is defined as a divine end in itself. Hegel picks up the ethical strategy of Kant's interpretation of the state and complementing it with two others: the understanding of the state as a result of natural teleology (the purpose of nature) and as a result of reasonable teleology (conscious and free choice of human). Hegel prefers monarchy as preferred form of government. Husserl, following Kant, develops and consistently radicalizes ethical and instrumentalist understanding of the state, emphasizing its transitory nature and focusing on the self-realization of a free, phenomenologically reflective individual. However, the freedom of the individual phenomenologist is limited by attachment to the phenomenological and contains rudiments of natural and intelligent teleology in the spirit of Hegel. Although phenomenology, in Husserl's understanding, is neither a “state philosophy” nor a purely personal practice, it acquires the specific nature of the intellectual aristocracy: the phenomenological movement and the community of phenomenologists represent the ideal completion of the political history of European humanity.
This book is designed for specialists in history of state and law, comparative law studies, legal anthropology, Russian history, Eastern studies, historiography and source studies, political science and ethnic studies, as well as for students majoring in the aforementioned specialties.
The book explores the issues of the general part of the criminal law as applied to economic crimes. The author espouses the idea of the economic criminal law as an independent sub-branch of the criminal law and systematically analyzes the criminogenic elements of the relevant crimes, the specifics of objective and subjective elements of crimes, stages of crime, complicity in crime, valid defenses, and punishment. The monograph is based on the modern criminal and other law of the Russian Federation (as of September 1, 2018), the law of the foreign countries, legal precedents, and doctrinal sources.
The book will be useful for scholars and practitioners, undergraduate and graduate students of law schools, as well as for the business community and all interested in the modern problems of the criminal law.