{"title":"积极经济活动法律规制的基础:类比法的应用","authors":"V. Vaskevich","doi":"10.33397/2619-0559-2021-3-3-257-275","DOIUrl":null,"url":null,"abstract":"Introduction: the article explores the application of the analogy method in the process of analyzing the basic principles of active economic activity legal regulation. Purpose: to show the possibilities of the analogy method in civil studies, in particular, in the process of analyzing the principles of business law and their application in the active economic activity legal regulation, identifying problems arising among scientists and legal practitioners related to determining the content of these principles. Methods: analogies in jurisprudence, theoretical methods of formal and dialectical logic, deduction and induction method, empirical comparison methods, descriptions, comparative legal method. Results: the analysis of the business law principles using the method of analogy made it possible to ascertain their features in the legal regulation of active economic activity, including the field of professional sports. Conclusions: it was established that these principles are applicable as general principles of active economic activity legal regulation. Entrepreneurial activity is the main type of active economic activity and is currently the most normatively regulated. However, the existing variety of active economic activity forms confirms that not all generally accepted principles of business law are fully applicable to the regulation of active economic activity or can be used with considering a number of features.","PeriodicalId":33643,"journal":{"name":"Metodologicheskie problemy tsivilisticheskikh issledovanii","volume":"38 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"THE BASIS OF ACTIVE ECONOMIC ACTIVITIES LEGAL REGULATION: APPLICATION OF THE ANALOGY METHOD\",\"authors\":\"V. Vaskevich\",\"doi\":\"10.33397/2619-0559-2021-3-3-257-275\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Introduction: the article explores the application of the analogy method in the process of analyzing the basic principles of active economic activity legal regulation. Purpose: to show the possibilities of the analogy method in civil studies, in particular, in the process of analyzing the principles of business law and their application in the active economic activity legal regulation, identifying problems arising among scientists and legal practitioners related to determining the content of these principles. Methods: analogies in jurisprudence, theoretical methods of formal and dialectical logic, deduction and induction method, empirical comparison methods, descriptions, comparative legal method. Results: the analysis of the business law principles using the method of analogy made it possible to ascertain their features in the legal regulation of active economic activity, including the field of professional sports. Conclusions: it was established that these principles are applicable as general principles of active economic activity legal regulation. Entrepreneurial activity is the main type of active economic activity and is currently the most normatively regulated. However, the existing variety of active economic activity forms confirms that not all generally accepted principles of business law are fully applicable to the regulation of active economic activity or can be used with considering a number of features.\",\"PeriodicalId\":33643,\"journal\":{\"name\":\"Metodologicheskie problemy tsivilisticheskikh issledovanii\",\"volume\":\"38 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Metodologicheskie problemy tsivilisticheskikh issledovanii\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.33397/2619-0559-2021-3-3-257-275\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Metodologicheskie problemy tsivilisticheskikh issledovanii","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33397/2619-0559-2021-3-3-257-275","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
THE BASIS OF ACTIVE ECONOMIC ACTIVITIES LEGAL REGULATION: APPLICATION OF THE ANALOGY METHOD
Introduction: the article explores the application of the analogy method in the process of analyzing the basic principles of active economic activity legal regulation. Purpose: to show the possibilities of the analogy method in civil studies, in particular, in the process of analyzing the principles of business law and their application in the active economic activity legal regulation, identifying problems arising among scientists and legal practitioners related to determining the content of these principles. Methods: analogies in jurisprudence, theoretical methods of formal and dialectical logic, deduction and induction method, empirical comparison methods, descriptions, comparative legal method. Results: the analysis of the business law principles using the method of analogy made it possible to ascertain their features in the legal regulation of active economic activity, including the field of professional sports. Conclusions: it was established that these principles are applicable as general principles of active economic activity legal regulation. Entrepreneurial activity is the main type of active economic activity and is currently the most normatively regulated. However, the existing variety of active economic activity forms confirms that not all generally accepted principles of business law are fully applicable to the regulation of active economic activity or can be used with considering a number of features.