State Interests in Transactions and Operations Involving State Property and Obligations
https://doi.org/10.26794/2304-022X-2019-9-3-28-39
Abstract
The full life of state organizations and state institutions is inextricably linked with participation in various economic operations. The employer should ensure normal working conditions for civil servants and employees and, thus, in the process of securing funds or state property, they act as a means of settlement for transactions. Meanwhile, as many jurists note in most cases, there is the state’s interest in transactions carried out on its behalf with its property in legislation is practically not designated. There is comparative analysis has been carried out of such concepts as “subjective law”, “legitimate interest” in the paper as well as it explores the concept of “state economic interests”. The typology of the tasks facing the state is proposed has been based on the analysis and assessment of compliance with state interests in business operations involving the state or its property. The correspondence of the task classes and the state economic role in business operations conducted with the participation of the state or state property has been revealed. The universal approaches are of practical importance for the development of criteria for assessing violated state interest in the view of economic feasibility and effectiveness of decision making.
About the Authors
A. P. Opal’skii
The Federal Budgetary Institution the MIA All-Russian Research Institute;
The Investigative Committee of Russian Federation
Russian Federation
Alexander P. Opal’skii — Dr. Sci. (Econ.), Professor, Chief Researcher of The Federal Budgetary Institution the MIA All-Russian Research Institute; Research Department Inspector of the Main Department of Criminalistics of the Investigative Committee of the Russian Federation
Russian Federation
Alexander P. Opal’skii — Dr. Sci. (Econ.), Professor, Chief Researcher of The Federal Budgetary Institution the MIA All-Russian Research Institute; Research Department Inspector of the Main Department of Criminalistics of the Investigative Committee of the Russian Federation
A. S. Aleshin
The Board of Nonprofit Partnership “Auditors, advisers and experts board” (AA&EB)
Russian Federation
Alexander S. Aleshin — Chairman of The Board of Nonprofit Partnership “Auditors, advisers and experts board” (AA&EB)
Russian Federation
Alexander S. Aleshin — Chairman of The Board of Nonprofit Partnership “Auditors, advisers and experts board” (AA&EB)
P. V. Ushanov
The Board of Nonprofit Partnership “Auditors, advisers and experts board” (AA&EB)
Russian Federation
Peter V. Ushanov — Cand. Sci. (Econ.), Associate Professor, Vice Chairman of The Board of Nonprofit partnership “Auditors, advisers and experts board” (AA&EB)
Russian Federation
Peter V. Ushanov — Cand. Sci. (Econ.), Associate Professor, Vice Chairman of The Board of Nonprofit partnership “Auditors, advisers and experts board” (AA&EB)
References
1. Gambarov Yu.S. The course of civil law. Vol. 1: General part. St. Petersburg: M.M. Stasyulevich Print.; 1911. 793 p. (In Russ.).
2. Mikhailovskii I.V. Essays in the philosophy of law. Vol. 1. Tomsk: V.M. Posokhin Publ.; 1914. 632 p. (In Russ.).
3. Ioffe O.S. Legal relationship in Soviet civil law. Leningrad: Leningrad University Press; 1949. 144 p. (In Russ.).
4. Gribanov V.P. Interest in civil law. Sovetskoe gosudarstvo i pravo. 1967;(1):49–56. (In Russ.).
5. Vitruk N.V. et al. Rights of an individual in a socialist society. Moscow: Nauka; 1981. 272 p. (In Russ.).
6. Volchik V.V. Markets and institutions in economic theory: selection problems. Nauchnye trudy Donetskogo natsional’nogo tekhnicheskogo universiteta. Seriya: ekonomicheskaya. 2006;(103–1):52–58. (In Russ.).
7. Musaev N. M. The concept of interest, its types and the ratio of public and private interest. Vestnik Nizhegorodskogo universiteta im. N.I. Lobachevskogo. Seriya: Pravo = Vestnik of Lobachevsky State University of Nizhni Novgorod. Series: Law. 2000;(1):137–142. (In Russ.).
8. Pershina I.V. Interest in law. Cand. legal. sci. diss. Nizhny Novgorod: Nizhny Novgorod Academy of the RF Ministry of Internal Affairs; 2002. 183 p. URL: https://www.dissercat.com/content/interes-v-prave (accessed on 03.07.2019). (In Russ.).
9. Subochev V.V. Theory of legal interests. Tambov: Derzhavin Tambov State University; 2009. 501 p. URL: https://www.dissercat.com/content/teoriya-zakonnykh-interesov/read (accessed on 03.07.2019). (In Russ.).
10. Lushnikov A.V. The ratio of interest and subjective civil law. Molodoi uchenyi = Young Scientist. 2016;(22):73–75. URL https://moluch.ru/archive/126/34987/ (accessed on 03.07.2019). (In Russ.).
11. Kovyazina N.M. Interest and subjective law: the correlation of legal categories. Zakon i pravo. 2018;(9):60–66. (In Russ.). DOI: 10.24411/2073–3313–2018–10141
12. Sattarova N.A. The legal mechanism of ensuring financial security and public interest protection in the budget sector. Yuridicheskii mir. 2017;(12):32–33. (In Russ.).
13. Sattarova N.A. State interest implementation concept in financial security ensuring mechanism. Gosudarstvennaya vlast’ i mestnoe samoupravlenie. 2017;(11):8–12. (In Russ.). DOI: 10.18572/1813–1247–2017–11–8–12
14. Kikavets V. Securing of state public interests in goods, works, services in the course of implementation of the information society development strategy. Finansovoe pravo = Financial Law. 2018;(4):28–31. (In Russ.).
15. Taraban N.A. Basic law or social contract? On the issue of consensus of interests of the individuals, society and state in the Constitution of the Russian Federation. Gosudarstvennaya vlast’ i mestnoe samoupravlenie = State power and local self-government. 2019;(3):49–52. (In Russ.). DOI: 10.18572/1813–1247–2019–3–49–52
Review
For citations:
Opal’skii A.P., Aleshin A.S., Ushanov P.V. State Interests in Transactions and Operations Involving State Property and Obligations. Management Sciences. 2019;9(3):28-39. (In Russ.) https://doi.org/10.26794/2304-022X-2019-9-3-28-39
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