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Russian competition law and economy

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No 2 (2019)
https://doi.org/10.32686/2542-0259-2019-2

OPENING SPEECH

ТЕОРИЯ КОНКУРЕНЦИИ

6-17 282
Abstract
The article deals with the issues of scientific validity of the state Antimonopoly policy from the standpoint of philosophy and economic theory of competition. The necessity of harmonious use in the formation and implementation of such a policy of values and philosophy of "living" life, fundamental economic doctrines, new trends and ideas of state regulation of the economy, including the use of legal mechanisms.The author proceeds from the fact that the division of labor is the essence of society. Awareness of this fact makes it possible to overcome contradictions in the interests of the individual and society. It is noted that in the modern industrial world digital transformation blurs the boundaries between international, wholesale and retail markets, online and offline trade. Building a business on the basis of digital platforms, intellectual property rights pools, targeted marketing technologies on the one hand, and the transformation of consumer psychology on the other, create fundamentally new conditions for balancing supply and demand. The digital economy creates qualitatively new opportunities for economic development, but should not turn into a "digital hand of the market". States and companies are able to move beyond "data processing" to "reality processing", which poses a potential threat to the fundamental rights and freedoms of citizens.In this regard, the role of scientific validity of the state Antimonopoly policy in the formation and implementation of errors, which can be too expensive for society, is significantly increasing.

ПРОБЛЕМЫ КОНКУРЕНЦИИ В СФЕРЕ НАУКИ И ОБРАЗОВАНИЯ

18-22 221
Abstract
There are methodological and methodical approaches to the development of the concept of competition in science in the article. The analysis is carried out in terms of the impact of competitive relations on the development of modern science as the title sphere of the emerging knowledge economy.
24-28 165
Abstract
The article identified the basics of scientific and educational activity-scientific and educational environment and a key requirement for all change of science and education is the following: the preservation, support and development of scientific and educational environment. With this position assesses change in science and education, in particular, different forms of translation science in educational institutions.
30-35 184
Abstract
The article deals with the current theoretical and practical issues relating to the development of competition among contract research organizations (CRO), and the role of the State in the development of institutions and mechanisms that ensure the development science on a competitive basis. Concludes that the need for further improving the legal and institutional framework to successfully meet the challenges of scientific and technological development through the contract paradigm.
36-43 210
Abstract
The article deals with the concept of scientific results, the market of public procurement of scientific results. The dualism of the public procurement market of scientific results is manifested not only in the duality of the subject of procurement (research work and the actual scientific result), but also in the duality of the markets of scientific results themselves (the market of the actual scientific results and market access to the right to conclude a state contract for the implementation of research).It is noted that at present, scientists (not having the status of an individual entrepreneur), individual scientists and their teams that have not acquired the form of a legal entity (including temporary research teams) are not full participants in the market of public procurement of scientific results.It is proposed to abandon the preferential approach to public procurement of access to research results provided by specialized operators of international scientific citation indexes Web of Science and Scopus in order to develop the Russian segment of the global market for scientific products.The authors also propose to create a single network of national databases on the results and effectiveness of scientific research on the basis of a specialized state scientific institution (for example, the ISS RAS) and provide state participation in the development of the national operator of the Russian Science Citation Index based on the requirements of or exceeding the requirements of Web of Science and Scopus to scientific publications.In parallel with the solution of this task, it is proposed to abandon the practice of establishing legal acts of the Ministry of Science and Higher Education and of the Russia, decisions of the Higher Attestation Commission, heads of universities and research institutions of the duties of researchers, teachers and applicants of scientific degrees and academic titles to publish the results of scientific research in foreign scientific journals owned by foreign economic entities and citizens, which objectively contribute to strengthening the dominant position of foreign companies - the leader in the market access to research results.
44-51 268
Abstract
There is the analysis of the Russian grant system to support science and scientific activities in the article, the author deals with the impact of grant funding on the development of competition in science and proposes directions of improvement of the Russian grant system as a mechanism for the development of competitive relations in the scientific environment.
52-53 155
Abstract
The results of modern research in the field of sociology of a competitive external educational environment are considered. The concept of the competitive environment of the educational organization is defined and the behavioral, functional and institutional components are singled out.

ПРАВОВОЕ РЕГУЛИРОВАНИЕ ЗАЩИТЫ И РАЗВИТИЯ КОНКУРЕНЦИИ

56-61 198
Abstract
On the example of the shipbuilding industry, the article deals with the problems of regulatory legal consolidation of the objectives (expected results) of competition development in the National plan of competition development in the Russian Federation for 2018-2020 and the Road map of the Government for the development of competition in certain sectors of the economy. Such goals are recognized today: the creation of competitive products and the development of exports of these products. Regulate the development of competition in the industry are not for the state an insurmountable obstacle to the provision of certain Russian manufacturers (particularly shipbuilders) uncompetitive advantages (preferences) for achieving certain socially significant goals. At the same time, the antimonopoly legislation of the country does not regulate the procedures and mechanism for compensation of losses arising as a result of legal restriction of competition in cases not covered by the antimonopoly prohibitions established by it. This carries a potential threat of reducing the quality of the investment climate and business activity (including shipbuilding).
62-67 219
Abstract
The article discusses the legal issues of reforming unitary enterprises, examines the models of such reform. Based on the analysis of the negative impact of unitary enterprises on the state of economic competition of economic entities and in general on the state of the Russian economy, author concludes that it is necessary to introduce a legal ban on the activity by unitary enterprises on the commodity markets.

ПРАВОВОЕ РЕГУЛИРОВАНИЕ ГОСУДАРСТВЕННОГО ЗАКАЗА

68-75 217
Abstract
The authors of the article analyze the provisions of the current legislation in the field of state defense order (hereinafter - the state defense order), raise issues that arise in the field of state regulation of prices for products, limits on the admissibility of actions by economic entities - participants of the state defense order, consider other legal uncertainties in the field of pricing.The current legislation in the field of the state defense order establishes additional requirements for business entities - contractors involved in the supply of products for the state defense order. At the same time, no matter how regulated this or that sphere would be, there always remains questions for which there are no exact answers.The subject of the article is intended, first of all, to the attention of those participants in civil law turnover who have never entered into the state defense order, but admit that they can become potential participants of these legal relations, as well as those who are not professional participants in legal relations in the state defense order, but occasionally attracted to them.The purpose of this article is to draw attention to some of the gaps in the current legal and regulatory framework arising from the application of legislation in the field of the state defense order and to suggest possible solutions.

ПРОБЛЕМЫ РЕГУЛИРОВАНИЯ АНТИМОНОПОЛЬНОГО И ПРОКОНКУРЕНТНОГО ЗАКОНОДАТЕЛЬСТВА

ОБЗОР МЕРОПРИЯТИЙ



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ISSN 2542-0259 (Print)