POLITIČKI I PRAVNI PROBLEMI ODREĐENJA POJMA LEGALNOSTI – PRIMER NELEGALNE TRGOVINE
POLITICAL AND LEGAL PROBLEMS OF A DETERMINATION OF THE CONCEPT OF LEGALITY – CASE OF ILLEGAL TRADE

Summary/Abstract: In this text we will first point out some modern meanings of the term legality, which is in a way different from the content of this term in the era of capitalist „welfare state“; while a legal, up to the last decades of the last century, was legitimized on the basis of rational, regulatory structures of the state, in the globalized world, the term legally assumes free market activity. Legal economic flows, today, mean the free flow of capital, people, goods and services, it mean entrepreneurship that is not burdened with large taxes and social benefits, unsettled by forms of social planning and state intervention. Thus, what will be elaborated in the second part of the text, legal business, in certain aspects, came closer to what is, in the era of a state capitalism, is considered illegal. In this respect, the legal and illegal economy are intertwining, and the term of illegal trade gets a new meaning. Also, in the text, we will try to show that illegal trade, especially in transitional societies, was in a great deal encouraged by the processes of economic deregulation – because a certain percentage of the population that was left unemployed, and those people had to be involved in the flows of informal (gray) economy, which is, unfortunately, often intertwined with illegal trade, in the modern meaning of this term.

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