ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES FOR VIOLATION OF ANTITRUST LAW IN RUSSIA
Rubrics: LEGAL EVENTS
Authors:
Type:
Article
Pages:
from 13
to 16
Status:
Published
Received:
15.09.2017
Accepted:
06.10.2017
Published:
06.10.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
competition, market, monopoly, responsibility, administrative.
Abstract (English):
The article raises questions of legislative regulation of public relations in the sphere of counteracting unfair competition. The legislative toolkit that is used in Russia to regulate the responsibility for such acts is outlined. The main emphasis is on administrative responsibility. Particular current interest of these questions is also presented because the current Russian legislation on this issue is quite new. The purpose of this article is to study the antitrust legislation of Russia in terms of administrative responsibility. The features of legislative regulation in this sphere is identified. There is a comparison of administrative and criminal impact on persons violating the rules of fair competition, not only with regard to liability and prevention of such offenses, but also in relation to issues of compensation for harm caused by such offenses. The article also conducts a comparative analysis of the definitions and the degree of responsibility for various violations in this area. It compares administrative and criminal influence on persons who violated rules of fair competition not only in terms of liability, but also in the prevention of such offenses. The paper carries out the comparative analysis of the definitions and the responsibility for various violations in this sphere. For preparation of the article a set of general scientific and private scientific methods of cognition is used: the dialectical method, the method of analysis and synthesis, the logical method, the method of comparative law, sociological, historical, formal-logical and other scientific methods. The base is not only legislation, but also decisions of the High Courts. In the results of the research the author comes to a conclusion about the necessity to improve legislation in the sphere of counteracting unfair competition, in particular in the direction of introduction into the Russian legislation institute a criminal liability of legal entity, the development of the concept of the penetration into a corporate veil in public law, including also the purpose to create such conditions under which compensation for damage caused by actions that violate the antitrust laws is equally inescapable just like the punishment for similar offense.
The article raises questions of legislative regulation of public relations in the sphere of counteracting unfair competition. The legislative toolkit that is used in Russia to regulate the responsibility for such acts is outlined. The main emphasis is on administrative responsibility. Particular current interest of these questions is also presented because the current Russian legislation on this issue is quite new. The purpose of this article is to study the antitrust legislation of Russia in terms of administrative responsibility. The features of legislative regulation in this sphere is identified. There is a comparison of administrative and criminal impact on persons violating the rules of fair competition, not only with regard to liability and prevention of such offenses, but also in relation to issues of compensation for harm caused by such offenses. The article also conducts a comparative analysis of the definitions and the degree of responsibility for various violations in this area. It compares administrative and criminal influence on persons who violated rules of fair competition not only in terms of liability, but also in the prevention of such offenses. The paper carries out the comparative analysis of the definitions and the responsibility for various violations in this sphere. For preparation of the article a set of general scientific and private scientific methods of cognition is used: the dialectical method, the method of analysis and synthesis, the logical method, the method of comparative law, sociological, historical, formal-logical and other scientific methods. The base is not only legislation, but also decisions of the High Courts. In the results of the research the author comes to a conclusion about the necessity to improve legislation in the sphere of counteracting unfair competition, in particular in the direction of introduction into the Russian legislation institute a criminal liability of legal entity, the development of the concept of the penetration into a corporate veil in public law, including also the purpose to create such conditions under which compensation for damage caused by actions that violate the antitrust laws is equally inescapable just like the punishment for similar offense.
Keywords:
competition, market, monopoly, responsibility, administrative.
competition, market, monopoly, responsibility, administrative.
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