from 01.01.2023 until now
Moscow, Moscow, Russian Federation
The domestic legal literature of different years reflects multiple approaches regarding the prevalence of private or public interests. A significant number of scientific works in recent years have been devoted to promoting the strengthening of the positions of legitimate interests of society and the state, nationalization, and the development of a multi-structure economy to replace the primacy of the market economy. However, the Constitutional Court of the Russian Federation, which should be outside of politics, and whose activities are aimed at protecting the foundations of the constitutional system and protecting the fundamental rights and freedoms of man and citizen, combines these approaches and simultaneously formulates a judicial doctrine of the balance of private and public interests in the field of business activity. The used category “judicial doctrine” allows us to move away from a purely scientific understanding of private and public interests in business and to approach practical issues, helps to identify methodological approaches that are characteristic of judicial practice, and establishes a connection with practice in a higher format of possibilities.
judicial doctrine, private and public interests, balance, Constitutional Court of the Russian Federation, entrepreneurial activity
1. Speech by President Vladimir Putin at the opening of the plenary session of the SPIEF dated 17 June, 2022. URL: https://www.ng.ru/economics/2022-06-17/100_p17 062022.html (accessed 22.05.2024). (In Russ.)
2. A promising model of the state structure “symmetrical federation” in the context of ensuring national security of Russia / E. I. Voigel, G. G. Nebratenko, I. G. Smirnova. Lex russica, 2020, no. 9 (166), pp. 39–48. (In Russ.)
3. On the case of checking the constitutionality of certain provisions of paragraph 4 of Article 104 of the Federal Law “On Insolvency (Bankruptcy)” in connection with the complaint of Timber Holdings International Limited: resolution of the Constitutional Court of the Russian Federation no. 8-P of dated May 16, 2000. Access from the reference legal system “ConsultantPlus” (accessed 22.05.2024). (In Russ.)
4. In the case of checking the constitutionality of the provision of paragraph 1 of Article 302 of the Civil Code of the Russian Federation in connection with the complaint of citizen A. N. Dubovets: resolution of the Constitutional Court of the Russian Federation no. 16-P of dated 22 June, 2017. Access from the reference legal system “ConsultantPlus” (accessed 22.05.2024). (In Russ.)
5. On the complaint of citizen M. Y. Tsurkin for violation of his Constitutional Rights by the provisions of Article 84.8 of the Federal Law “On Joint Stock Companies” in conjunction with Part 5 of Article 7 of the Federal Law “On Amendments to the Federal Law “On Joint Stock Companies” and some others legislative acts of the Russian Federation”: ruling no. 713-O-P of the Constitutional Court of the Russian Federation of dated Marth 7, 2007. Access from the reference legal system “ConsultantPlus” (accessed 22.05.2024). (In Russ.)
6. In the case of checking the constitutionality of Article 98.1 of the Forest Code of the Russian Federation in connection with the complaint of the Horizon Limited Liability Company; (resolutions of the Constitutional Court of the Russian Federation no. 9-P of July 16, 2008, no. 9-P of January 31, 2011, etc.): resolution of the Constitutional Court of the Russian Federation no 19 dated 21` Aprel, 2020-P. Access from the reference legal system “ConsultantPlus” (accessed 22.05.2024). (In Russ.)
7. On the refusal to accept for consideration the complaint of a number of citizens and legal entities-shareholders of the Open Joint Stock Company “Territorial Generating Company № 2” for violation of constitutional rights and freedoms by Articles 1, Part 3 of Article 3, Part 1 of Article 4 and Part 1 of Article 8 of the Federal Law “On the Procedure for Foreign Investments in Business Entities of Strategic Importance for Ensuring National Defense and State Security”, as well as Part 1 of Article 9 of the Federal Law “On Protection of Competition: the ruling of the Constitutional Court of the Russian Federation of dated May 7, 2011 no. 924-O-O. Access from the reference legal system “ConsultantPlus” (accessed 22.05.2024). (In Russ.)
8. On the case of checking the Constitutionality of Part 2 of Article 40, Parts 10 and 11 of art. 42 of the Federal Law “On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation”, paragraphs 2 and 3 of Part 1 of art. 128 and Part 10 of Article 239 of the Code of Administrative Procedure of the Russian Federation Federation in connection with the complaint of citizens I. L. Trunov and M. V. Yurevich”: resolution of the Constitutional Court of the Russian Federation no. 11-P of dated 13 April, 2017. Access from the reference legal system “ConsultantPlus” (accessed 22.05.2024). (In Russ.)
9. In the case of checking the constitutionality of art. 98.1 of the Forest Code of the Russian Federation in connection with the complaint of the Horizon Limited Liability Company; (resolutions of the Constitutional Court of the Russian Federation no 9-P of July 16, 2008, no 1-P of January 31, 2011, etc.): resolution of the Constitutional Court of the Russian Federation no 19 dated April 21, 2020-P. Access from the reference legal system “ConsultantPlus” (accessed 22.05.2024). (In Russ.)
10. In the case of checking the constitutionality of certain provisions of Paragraph 6 of art. 6 and Paragraph 2 of Part 1 of art. 7 of the Law of the Russian Federation dated June 18, 1993 “On the use of cash registers in making monetary settlements with the population” in connection with the request of the Dmitrovsky District courts of the Moscow region and citizens’ complaints: resolution of the Constitutional Court of the Russian Federation dated December 5, 1998 no 14-P. Access from the reference legal system “ConsultantPlus” (accessed 22.05.2024). (In Russ.)
11. Lazarev L. V. Legal positions of the Constitutional Court of Russia / 2nd ed., add. Moscow: Formula of law Publ., 2008. 687 p. (In Russ.)
12. Judicial doctrines in Russian law: theory and practice: monograph / P. P. Serkov, V. V. Lazarev, H. I. Gadzhiev, etc.; ed. by V. V. Lazarev, H. I. Gadzhiev. Moscow: IZISP: Norm: INFRA-M Publ., 1923. 344 p. (In Russ.)
13. Taribo E. V. Doctrines of the Constitutional Court of the Russian Federation in the field of taxation (theoretical and practical aspects). Author’s abstract... candidate of legal sciences. 2005. 35 p. (In Russ.)
14. Taribo E. V. Judicial and constitutional doctrine of “optional tax benefits”: limits of application. Journal of Constitutional Justice, 2003, no 2, pp. 10–17. (In Russ.)
15. Demin A. V., Molina A. Y. Unjustified tax benefit: from judicial doctrine to an anti-declining norm. Legal Bulletin of the Samara University, 2022, vol. 8, no 4, pp. 37–45. (In Russ.)
