Russian Federation
In the first decades of the 21st century, legal scholars paid attention to the phenomenon of compromise in law. Some of its aspects were covered in both general theoretical and industry-specific legal studies. In this article, the author draws attention to a range of problems in the field of compromise in law that, for some reason, remained outside the field of view of researchers. In particular, he states the presence of a tendency to idealize the phenomenon under consideration. The absence of a single generally accepted approach to its definition is noted. The author also draws attention to the fact that in modern domestic legal science an unjustifiably narrow understanding of compromise in law has developed. He provides a system of arguments in favor of the fact that the number of legally significant compromises should not be limited exclusively to socially useful compromises. Along with them, some socially harmful compromises should also have a legal coloring. The author has formulated proposals aimed at improving the conceptual and categorical apparatus of legal science. In particular, he proposes to operate with such concepts as “legally significant compromise”, “egal compromise”, “illegal (unlawful) compromise”.
compromise, socially harmful compromise, socially useful compromise, concept of compromise, features of compromise, legally significant compromise, legal compromise, illegal (unlawful) compromise
1. Alikperov Kh. D. Release from criminal liability. Moscow: Moscow Psychological and Social Institute; IPC RK of the Prosecutor General’s Office of the Russian Federation; Voronezh: Publishing House of NPO «MOZHEK», 2001. (In Russ.)
2. Tolstik V. A. Social and legal nature of compromise // Compromise in law: theory, practice, technique: collection of articles based on the materials of the International scientific and practical conference (Nizhny Novgorod, May 29-30, 2014): in 2 vol. Vol. 1 / ed. by V. A. Tolstik, V. M. Baranov, A. V. Parfenov. Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2014. (In Russ.)
3. Code of the Russian Federation on Administrative Offenses: federal law no 195-FZ of December 30, 2001. Access from the reference legal system “ConsultantPlus” (accessed 20.06.2024). (In Russ.)
4. On the Protection of Competition: federal law of the Russian Federation no. 135-FZ of July 26, 2006: federal law of the Russian Federation no. 135-FZ of July 26, 2006. Access from the reference legal system “ConsultantPlus” (accessed 20.06.2024). (In Russ.)
