Keyword: «proportionality»

The article is concerned with the problem of limits of bona fides of the bankrupt when transactions were invalidate on the ground of the abuse of law and exemption of the debt is questionable.

The article presents a legal analysis of part 3 of Art. 20.1 of the Code of Administrative Offenses of the Russian Federation from the standpoint of compliance with the criterion of legal certainty and accuracy of using the term "insult" in relation to the attributes and symbols of state power. The author comes to the conclusion that violation of the requirement of legal certainty in clause 3 of article 20.1 of the Code of Administrative Offenses of the Russian Federation entails its arbitrary interpretation and can serve as an instrument of unreasonable restriction of freedom of speech and opinion in Russia.

Social rights throughout the history of their formation and development cause ambiguous attitude not only among legal scholars, but also among economists, political scientists, philosophers, and sociologists. Apart from the very enshrinement of social rights in legislation, a fundamentally important issue is their proportionality, i.e. justification of their necessity and sufficiency. Determination of the nature of social rights and justification of their fixation, as it seems, con-tributes to the resolution of the discussion about the legitimacy of state interference in economic freedom and the necessity in some cases to isolate certain branches. The purpose of this paper is to investigate the legal nature of social rights, as well as the proportionality of their entrenchment. To achieve this goal, the necessity and validity of social legislation, the concept of proportionality in relation to the consolidation of social rights were studied and analyzed. The research methods used were general-scientific (system-structural, system-functional, analytical) and private-scientific (logical-legal, formal-legal) methods. As a result of the conducted research, conclusions were made about the purpose of social legislation, about the definition of their proportionality.