legal status

Essence of the Principle of Legal Definiteness: In Search of Constitutional and Legal Sense

Introduction. The article analyzes the principle of legal definiteness from the perspective of the role or function it performs in a legal system. Theoretical analysis. The article highlights that the category of “legal definiteness” cannot essentially be reduced to the concept of “definiteness of law” since it refers not only to the system of law, but also to a legal system in general. According to the authors, the concept of “legal definiteness” expresses a condition of definiteness of legal regulation of the real-life public relations, and in this sense it covers not only requirements of clarity, definiteness and coherence of precepts of law, but also definiteness of the actual legal status of legal entities. Rights and freedoms of the person and citizen define sense, contents and application of laws. Law represents the tool that provides a condition of legal definiteness of the public relations regulated by it. Results. The authors conclude that legal definiteness, which, in this context, represents the actual aspect of influence of law upon existing public relations, really characterizes “not legal” or not absolutely legal phenomena. The substantial aspect of legal definiteness is connected more closely with identification of the valid sense of the subjective right, volume of the competences it includes, limits of its implementation, etc. than with definiteness of legal instructions. The principle of legal definiteness is expressed via the system of the legal tools that allow to provide, firstly, subject definiteness of the legal status of the person and citizen and, secondly, necessary stability of this status if the current legislation changes.

The System of Economic Relations in the Sphere of Self-employment of the Population of Russia

Introduction. The relevance of the problem of self-employment in Russia is justified by the need for its legalization, withdrawal from the shadow economy and attracting this category of the population to pay various kinds of contributions and taxes. While attempts of the authorities to legalize self-employed citizens and determine their legal status have not been successful, which indicates a lack of theoretical development of this phenomenon. The purpose of this article is to present the system of economic relations, expressed in the category of self-employment, and to make proposals for the successful functioning of this category of labor resources. Theoretical analysis. When examining the system of economic relations in the sphere of self-employment of the Russian population, the authors emphasize the specifics of self-employment in comparison with the more general category of employment, define self-employment as a process of including the population in economic activity, which is expressed in the independent organization of the production of goods or services without the use of an employed manpower in order to generate income. This allows us to show the role of these relations in the system of labor relations and property relations, the inconsistency of the self-employment interpretations available in the literature, and make suggestions on the determination of the legal status of the self-employed. Conclusions. Additional justification of the President’s proposal for granting not only tax holidays, but also exemption from taxation of the category of self-employed, which meets the criterion proposed in the article, is given.