The paper is devoted to the Russian Federation Constitutional Court understanding of the permissible limits of individual autonomy and boundaries of its limitation for the common good.Constitutional axiology as a form of direct relation to the model and practice of actual constitutionalism functions as the basis for the formation of a social policy. In Russia, economic cataclysms reveal problems in the system of pensions, taxation, employment and education. We are witnessing a certain deformation of the legal consciousness of the population. Such turning points inevitably raise questions about the best balance between the interests of the individual, society and the state.The threat of imbalance between public and private interests stimulates the highest judicial authorities to interfere in the formation of the hierarchy of constitutional and legal values. Increasingly, the Constitutional Court of the Russian Federation deals with issues of the common good, the need to take into account public interests in the resolution of tax, labor, civil and other types of disputes.
Introduction: in the social conditions that are changing under the influence of information and communication technologies, it is of particular importance to protect the interests of consumers from illegal actions of unscrupulous market participants. Increasingly, astroturfing technologies are becoming an integral part of marketing and trading strategies, which make it possible to provide distorted data to the general public under the guise of objective information. The purpose of the study is to find an adequate definition of astroturfing on a point of law; to distinguish legitimate marketing practices from illegal acts that distort perceptions of a product or company; to identify the law enforcement practices in foreign countries; to evaluate the existing approaches to solving the problem in order to correct the Russian legislation. The paper uses the methods of description and interpretation; normative-value, system, logical, dialectical, structural-functional approaches. Results: the forms and features of astroturfing are considered in order to develop its definition; the ways to counteract such technologies are studied and compared; there is a need for amendments that could fill the gaps in the legal regulation of astroturfing. Conclusions: the term “astroturfing” is formulated and its possible forms are listed. It is proposed to investigate the possibility of recognizing contractual relationships, whose subject is online publishing of fabricated reviews, cheating likes, bot mailing via chats, etc. as anti-social transactions. It is considered appropriate to tighten responsibility for the use of astroturfing technologies.
The article discusses certain aspects of the buyers rights to repair medical equipment during and after the expiration of the warranty period. Today, increasingly, some manufacturers limit the possibility of independent repairs by unreasonably highly integrating parts, technically unjustified complication of components, creating an artificial scarcity of spare parts in the market, preventing the work of independent service organizations and other controversial marketing strategies. The objectives of the study is to assess the limitations of the buyers rights to repair for the proposal of law enforcement proposals for respecting the balance of interests of the Parties under the Agreement; the elimination of the possibility of distorting civil law principles of conscientiousness and transparency. The tasks are permitted through the formal legal, regulatory, systemic, logical, comparative and theoretical and prognostic methods. According to the results of the work, the conclusions are formulated about the need to adjust the current legislation, including in the scope of manufacturers for the use of software that limits the repair of goods; unreasonably high degree of integration of blocks; failure to submit service documentation, as well as for electronic blocking of diagnostics, maintenance and repair of goods.
The article examines the importance of externalist and internalist approaches for the formation of an optimal strategy for the development of legal science in modern conditions. Some aspects of interaction of law with economics, ethics, politics and other spheres of public relations are considered. Special attention is paid to the influence of eudaimonism, utilitarianism and other consequential concepts on the legal institutions. It is concluded that the externalist path of development is promising, provided that the narrow utilitarian realization of the ideals and economic prerequisites of consumer capitalism is abandoned.
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