注释,注释: The article analyzes a wide range of views with regard to correlation between law and economy. To investigate this problem more thoroughly, an effort has been taken to consider it from various viewpoints, particularly, in the light of historical, economic and legal analysis. When the key problems of correlation are addressed in numerous perspectives, the most sensitive spot appears to be the corporate property. Hence, the author suggests his version of the concept of correlation between economy and law and hopes that it will help to improve the situation in the basic element of economy, to make the reform of legal and economic systems more balanced and efficient, and to identify the missing conditions that are required for steady (non-crisis) development of market economy. The author expresses his gratitude to the Russian Humanitarian Research Foundation (project No. 13-03-00482) which supported this research work. The present difficulties in the process of the Russian market economy formation resulted in the growing interest to the issues of its correlation with law. Moreover, the recent economic recession, experienced in many countries, requires reconsideration of the operational problems not only of the Russian economic system. It is thought that the search for the optimal and suitable solutions for the market failure should be performed with the use of various methods. It is believed that the research of the correlation between law and economy conducted in three dimensions (historical, economical and legal) in parallel with the anthropological, phenomenological and synergetic methodological support will enable to elaborate the most valid ideas and conclusions on the subject of the research. A rather complex structure of the interrelation of economy and law is caused by the major determinants of both categories. The objective laws play a fundamental role in the economy, while the law features the common will of citizens expressed by the state as a basic component. The best way to represent the character of their interaction is through the hierarchy of essences. In our opinion, the economy is the essence of law, but the essence of economy is the equilibrium, or (which is the same) justice. In other words, the essence of economy, meaning the essence of the second-order law, is the balance of equality and freedom, which can be represented as an overlap of two equilibria that are simultaneously established in the market, namely the equivalent and free exchange between entities (1), and the balance of property rights directly in a corporation (2)

注释,注释: The article analyzes a wide range of views with regard to correlation between law and economy. To investigate this problem more thoroughly, an effort has been taken to consider it from various viewpoints, particularly, in the light of historical, economic and legal analysis. When the key problems of correlation are addressed in numerous perspectives, the most sensitive spot appears to be the corporate property. Hence, the author suggests his version of the concept of correlation between economy and law and hopes that it will help to improve the situation in the basic element of economy, to make the reform of legal and economic systems more balanced and efficient, and to identify the missing conditions that are required for steady (non-crisis) development of market economy. The author expresses his gratitude to the Russian Humanitarian Research Foundation (project No. 13-03-00482) which supported this research work. The present difficulties in the process of the Russian market economy formation resulted in the growing interest to the issues of its correlation with law. Moreover, the recent economic recession, experienced in many countries, requires reconsideration of the operational problems not only of the Russian economic system. It is thought that the search for the optimal and suitable solutions for the market failure should be performed with the use of various methods. It is believed that the research of the correlation between law and economy conducted in three dimensions (historical, economical and legal) in parallel with the anthropological, phenomenological and synergetic methodological support will enable to elaborate the most valid ideas and conclusions on the subject of the research. A rather complex structure of the interrelation of economy and law is caused by the major determinants of both categories. The objective laws play a fundamental role in the economy, while the law features the common will of citizens expressed by the state as a basic component. The best way to represent the character of their interaction is through the hierarchy of essences. In our opinion, the economy is the essence of law, but the essence of economy is the equilibrium, or (which is the same) justice. In other words, the essence of economy, meaning the essence of the second-order law, is the balance of equality and freedom, which can be represented as an overlap of two equilibria that are simultaneously established in the market, namely the equivalent and free exchange between entities (1), and the balance of property rights directly in a corporation (2)

注释,注释: This article reviews the problem of understanding the essence of natural law and its relation to the positive law. The author attempts to reconsider the long-settled understanding of the natural law. This approach is novel in that the natural law is described by the regularities of physical and social reality. With all this, its relationship with the positive law has a hierarchical and very complex structure.
Taking into account the peculiarities of the human nature, the state and legal control of the deviant behaviour is obviously needed based on the requirements of objective regularities.
At the same time the nature of state is of dualistic character as well.
The natural law is indeed immanent laws of reality, rather than notions, desires or claims resulting from the human mind. In this focus of understanding, the natural law acquires new content which is unusual to the majority of theorists. It is not a mental model, or standard which is changing in accordance with the level of social development. It appears to be a hierarchical system of real laws to be considered - like it or not - in the positive (established by will) law. Their neglect will result in disorder of the social mechanism, impair the efficiency of juristic force, and cause social upheaval.

注释,注释: This article reviews the problem of understanding the essence of natural law and its relation to the positive law. The author attempts to reconsider the long-settled understanding of the natural law. This approach is novel in that the natural law is described by the regularities of physical and social reality. With all this, its relationship with the positive law has a hierarchical and very complex structure.
Taking into account the peculiarities of the human nature, the state and legal control of the deviant behaviour is obviously needed based on the requirements of objective regularities.
At the same time the nature of state is of dualistic character as well.
The natural law is indeed immanent laws of reality, rather than notions, desires or claims resulting from the human mind. In this focus of understanding, the natural law acquires new content which is unusual to the majority of theorists. It is not a mental model, or standard which is changing in accordance with the level of social development. It appears to be a hierarchical system of real laws to be considered - like it or not - in the positive (established by will) law. Their neglect will result in disorder of the social mechanism, impair the efficiency of juristic force, and cause social upheaval.

注释,注释: This article reviews the problems of investigating the objective laws of economics and attempts to prove the view that the main economic law - the law of value - has two spheres of operation.
A great educational benefit may be derived when analyzing the practice of socialism construction and the problems faced by the economics during that period, as it will help to see into the matter of economic laws and their effect, as well as consequences of their negation or poor interpretation. The thought which prevails in the considerations described above is that the laws have an objective character. However, the idea of the laws being either specific or general is doubtful, as well as the possibility of their limited operation. If an objective law exists, it can never be prevented from operation. The social laws probably face a number of deviating and counteracting factors, and do not provide instantaneous or automatic reaction to the situation. Supposedly, but not necessarily they have been mediated by vigorous human activity which significantly influence the processes and their results. Anyway, a certain perspective shows the objective economic necessity or law in its pure form.
The author suggests that the overall equilibrium of economy can be achieved (and its crisis-free progress ensured) only provided that each of the spheres is balanced (the first one as a result of redistribution of property-related rights at the level of a business unit; the second one through the equivalent exchange on the market).