Suchergebnisse

This article examines the regulatory nature of the norm of law. Based on a functional approach to the construction of legal norms, it is proposed to describe the norm as a function in which the legal consequences embodied in dispositions or sanctions are dependent on certain circumstances whose properties are reflected in the hypothesis. In particular, the functional dependence of the legal consequences on certain circumstances is shown by the example of doctrinal approaches to determining the amount of compensation for moral damage by the formula. The author substantiates that the valuation concepts inherent in modern law can be used to describe functional dependencies as coefficients that are estimated by the law enforcement within the given ranges of values.
It seems that a functional approach to the construction of legal norms will significantly affect law enforcement practice. Formulas of functional dependencies can form the basis of computer programs, which will automatically determine for the law enforcer the totality of relevant variables to be evaluated, as well as the totality of legal consequences depending on the specific circumstances of the case.

The article is devoted to the study of the problems of the non-systemic process of forming lists of organizational and legal forms of legal entities. This provision discredits the adequacy of the impact of the law on the economy, complicates the familiarization of investors and other interested persons with the peculiarities of legal entities in certain states, including Russian Federation, and also entails the impossibility of forming scientific recommendations on increasing or decreasing the number of organizational and legal forms. At the same time, theoretical studies of the criteria for the diversity of organizational and legal forms are carried out, as a rule, in a very abstract way, the characteristics of the criteria for diversity are not disclosed. In such conditions, the systematization of organizational and legal forms is difficult.
The article describes an approach according to which the set of criteria for the diversity of organizational and legal forms depends on the structure and composition of the governing bodies of a legal entity. So, based on the idea that all legal entities have a common structure of bodies, a flexible system of organizational and legal forms was created. This system allows mathematically taking into account the number of criteria for the diversity of organizational and legal forms and the number of characteristics of the criteria for their diversity.