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Russian competition law and economy

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"Russian Competition Law and Economy" is a peer-reviewed scientific and practical journal in the field of competition law and antimonopoly regulation, included in the list of scientific journals recommended by the Higher Attestation Commission of the Ministry of Education and Science of Russia for the publication of the main scientific results of a dissertation for the degrees of doctor and candidate of sciences in the following specialties:

Law

  • 5.1.2. - Public-legal (state-legal) sciences
  • 5.1.3. - Private-legal (civilistic) sciences
  • 5.1.4. - Criminal Law sciences

Economy

  • 5.2.1. - Economic theory
  • 5.2.3. - Regional and Industry economy
  • 5.2.5. - World economy

The concept of the journal is based on the results of scientific research in the field of competition law and related economic issues. The journal publishes up-to-date materials on antitrust regulation and competition protection, information on the development of antitrust laws; analysis of law enforcement and judicial practices.

The journal is addressed to:

  • employees of antimonopoly authorities;
  • practitioners;
  • representatives of the business community;
  • consultants;
  • specialists of scientific organizations;
  • students and teachers of educational institutions. 

Current issue

Open Access Open Access  Restricted Access Subscription Access
No 1 (2025)
View or download the full issue PDF (Russian)

OPENING SPEECH

ТЕОРИЯ КОНКУРЕНТНОГО ПРАВА

8-17 101
Abstract

   The article analyzes the relationship between the coordinator of economic activities as a subject of an anticompetitive offense, liability for which is established by the Code of the Russian Federation on Administrative Offenses and the Federal Law "On Protection of Competition", and the business entities it coordinates. The specific characteristics of these relationships are identified, and a distinction is drawn between the power of the coordinator and the market power of the business entity holding a dominant position. The author concludes that economic dependence is the main and mandatory element
in the coordination of economic activities of business entities.

18-29 95
Abstract

   The effectiveness of the use of publicly owned real estate remains a pressing legal issue. It is assumed that the optimal extraction of all its useful properties from public real estate is possible, including by attracting the widest range of people to use an object on a competitive basis. The problems of ensuring the effective implementation by Russia as the owner of real estate of its powers as a lessor of such property are considered.

   The purpose of the study is to identify and describe the shortcomings of the current procedure for concluding a lease agreement for federal real estate.

   The specifics of refusal to conclude a lease agreement on a competitive basis were studied. It was concluded that such a refusal is due to specific — socially significant and state necessary goals for the use of federally owned real estate. The description of four main options for the non-application of the general rule for determining the tenant of public real estate based on the results of trading is proposed, the disadvantages of legislative approaches in relation to each of these options are described. It was proposed to clarify the content of the grounds for exclusion from the general rule for providing public real estate to private law entities on a competitive basis. It was concluded that it was necessary to adopt a federal law that would regulate the specifics of the disposal of federal property, property of the constituent entities of the Russian Federation and municipal property.

STATE REGULATION OF THE ECONOMY

30-43 108
Abstract

   The relevance of the research topic is determined by the need to activate the inclusion of regions in the implementation of the goals of state programs and national projects based on the principles of fair competition.

   The purpose of the article is to develop, within the framework of the concept of regional competitiveness, approaches to improving interregional cooperation, methods and mechanisms of state regulation that affect regional competitiveness in order to achieve the goals of competition development in the Russian Federation.

   The objectives of the study included clarifying the current content of the main terms of the subject area of interregional cooperation from the point of view of ensuring the development of interregional competition; revealing the essence of interregional interaction at the current stage of socio-economic development for the subsequent development of recommendations for its improvement.

   In obtaining the research results, systematic, statistical, comparative and content analysis and synthesis, methods of abstraction and analogy, observations and descriptions were used. Based on the analysis of a number of regulations and a review of scientific literature, the authors supplemented the conceptual foundations of interregional competitiveness: the concepts of "regional competitiveness", "interregional competition", and "competitive potential" were clarified and updated; the author's classification of levels of interregional competition was given, and the principles of interregional competition policy were formulated. The results obtained can be used to further improve competition support plans at various levels, from national to municipal, and also reveal the essence and serve as the basis for the development of methods, models and mechanisms of interregional competition.

44-51 124
Abstract

   The study aims to develop measures to mitigate the risks associated with parallel imports in the context of the modern Russian economy. The article highlights key contradictions in the legislation regulating parallel imports and suggests possible amendments. It also proposes measures for regulating relations with rights holders and foreign importers under sanctions, improving customs control mechanisms and consumer protection, and coordinating interactions among EAEU countries in this regard. Additionally, the study examines ways to stimulate domestic production and enhance intellectual property regulation mechanisms in the Russian Federation. Based on the research findings, conclusions are drawn regarding the prospects for implementing the proposed measures.

REGULATIO OF PROTECTION AND DEVELOPMENT OF COMPETITION

52-63 162
Abstract

   The article discusses topical issues of regulation of consumer goods prices, including existing legislation in this area and the practices of both direct state price regulation (enforced by regulatory legal acts) and alternative mechanisms for curbing price increases applied in 2020—2024 (agreements on setting maximum price levels (markups) for goods, voluntary commitments by economic entities to limit price increases for goods). The authors summarize recent experiences in the regulation (including 'soft' regulation) of consumer goods prices and, based on the conducted analysis, propose recommendations for improving the enforcement practices of antitrust authorities in monitoring compliance with legislation in this field.

ЗАКУПКИ И ТОРГИ

64-69 67
Abstract

   The article considers the current approaches of the Antimonopoly Service applied in cases related to procurement regulation (including model regulations) of economic entities under Federal Law No. 223-FL of July 18, 2011 “On Procurement of Goods, Works, and Services by Certain Types of Legal Entities” (hereinafter referred to as the Procurement Law). Taking into account the results of scientific research, the legal positions of the antimonopoly authorities on the relevant category of cases were studied and commented on.

TARIFF REGULATION

70-77 120
Abstract

   A comprehensive comparative legal analysis of the legislation of the member states of the Eurasian Economic Union on state regulation of prices (tariffs) has been carried out. The article highlights the most effective mechanisms for improving the legislation of the Russian Federation on state regulation of prices (tariffs), including taking into account the experience of the member states of the Eurasian Economic Union.

EAEU COMPETITION LAW

78-88 91
Abstract

   The article summarizes the results of the first stage of formation of common approaches used in the study of digital markets and activities of digital (electronic) platforms in the Eurasian Economic Union (EAEU). It reflects national and supranational (within the framework of the activities of the Eurasian Economic Commission) practices of competition assessment, legal regulation and law enforcement in digital markets. The indicators of the development of the e-commerce sector in the world, BRICS countries and the EAEU are analyzed, reflecting the significant role of the platform economy in ensuring economic growth and technological development. A number of proposals are formulated regarding further possible steps aimed at harmonized regulation of digital markets in the EAEU.

COMMODITY AND FINANCIAL MARKETS

89-94 71
Abstract

   The issues of the current system for financing the Basic Research Program for the long-term period (2021—2030), hereinafter referred to as the Program, aimed at the formation of technological sovereignty and advanced innovative development of Russia are under consideration. The four years of the implementation of the Program allowed the authors tо make some observations. They noted contradictions between the stated goal of advancing S&T development and the tendency to underestimate the planned expenditures on basic research. There is also an imbalance between the performers of the Program and the managers of the budget funds that can be both a reason for the failure to achieve the stated goals of the Program and a basis for the flexibility of the budget funds spending. At the same time, there is a tendency to shift the focus from the basic research to applied research, what carries risks, according to the authors, of losing in the long-term perspective a number of scientific schools and basic research achievements. The authors note a trend towards a progressive reduction in the volume of funding for basic research both in relation to GDP and in absolute terms taking into account the inflation, especially in comparison with the government budget funding. The authors have previously concluded that the concentration of the government support on the applied research is also not also effective. Despite the Russia's leading position in the world community in terms of the volume of the government funding of R&D performed by the business sector it has not been possible to increase the share of the business sector in the gross domestic R&D expenditures.

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