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Commited an Antimonopolу Administrative Offence: Criterias for Determination

https://doi.org/10.47361/2542-0259-2020-3-23-72-79

Abstract

The achieving goals of competition protection and creation of conditions for effective market dynamics, as postulated by antimonopoly legislation, can only be achieved if the liability is determined in proportion to the commited offence. One of the most effective measures to prevent new offences is to held a law-breaker liable to a turnover-based fine. However, when applying this measure, one of the basic problems is the problem of calculating an administrative fine, namely, the question of determination the market, where was commited an administrative offence. The article presents the criteria for such a goods market, and also resolves the question of a balance between terms of antimonopoly legislation and administrative offences legislation.

About the Authors

F. F. Kadymov
Department of Federal Antimonopoly Service in Moscow
Russian Federation

Filipp F. Kadymov

107078, Russia, Moscow, Myasnitsky Passage, 4, bldg 1



E. I. Trubinova
Financial University under the Government of the Russian Federation
Russian Federation

Ekaterina I. Trubinova

125993, Russia, Moscow, Leningradsky pr., 49



References

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2. Archipov S. V. Individualization of administrative punishment of legal persons // Administrative and municipal law. 2015. No. 9. P. 921—924 (Russia).] DOI: 10.7256/1999-2807.2015.9.14803

3. Zherebtsov A. N., Vertinskaia A. N. Differentiation of Administrative Responsibility: Concept, Criteria, Significance // Modern law. 2018. No. 9. P. 24—29 (Russia).

4. Artemyev I. Yu., Panova I. V. Some issues of application of administrative responsibility for violation of antitrust laws // Bulletin of the Supreme Court of the Russian Federation. 2012. No. 4. P. 110—121 (Russia).

5. Bashlakov-Nikolaev I. N. On difficult issues in applying grounds for initiating prosecution for administrative offences under articles 14-9, 14-31—14-33 of the administrative offences code of the Russian Federation // Laws of Russia: experience, analysis, practice. 2016. No. 1. P. 48—51 (Russia).

6. Korkunov N.M. Lectures on the General Theory of Law. SPb.: Law Center “Press”, 2003. 456 p. (Russia).


Review

For citations:


Kadymov F.F., Trubinova E.I. Commited an Antimonopolу Administrative Offence: Criterias for Determination. Russian competition law and economy. 2020;(3):72-79. (In Russ.) https://doi.org/10.47361/2542-0259-2020-3-23-72-79

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ISSN 2542-0259 (Print)