OPENING SPEECH
ПОЛИТИКА В СФЕРЕ КОНКУРЕНЦИИ
The prehistory of the emergence of the idea of developing the adoption as a regulatory legal act of the Government of the Russian Federation of a “road map” for the development of competition in the field of science is investigated. The formation of a West-oriented
and West-dependent model of the functioning of Russian science, its transformation into one of the main world suppliers of “scientific raw materials” at a negative price is named as the main objective reason for such a decision.
The substitution of real intellectual and economic rivalry between Russian scientific, educational organizations and scientists by the struggle for high rates of publication activity and citation contributes to the development of unfair competition in science and education, the encouragement of already established monopolies in the global markets of scientific results and services of access to scientific information.
The theoretical model of the “roadmap” presented in the article can be used to develop by March 1, 2022 in accordance with the decision of the Russian Government (order of September 2, 2021 No. 2424-r) of the official road map "for the development of competition
in the field of science.
The problems of competition in the field of science in the theoretical model include, in particular:
Monopolization of the world market for the results of scientific activity by a group of economic entities controlled by the countries of the global North;
Inconsistency of monitoring rules and criteria for assessing the performance of scientific organizations with the needs of developing real competition between them and all other subjects of scientific activity;
Inconsistency of the current normative legal regulation the task of involving in economic competition for access to budgetary resources, which are distributed through public competitive purchases of all categories of subjects of scientific activity (including citizens and temporary research teams that are not legal entities).
It is concluded that it is necessary to form a new state policy in the field of science, focused on ensuring the sovereignty of our country, obtaining and using scientific results of a “deep redistribution” within the country, stopping the practice of artificial “mergers and acquisitions” of educational and scientific organizations, encouraging an international scientific cooperation, not cooperation in general.
The legal grounds for expertise in the scientific sphere are laid in the Federal Law “About Science and State Scientific and Technical Policy”, which states that public authorities of the Russian Federation and public authorities of the subjects of the Russian Federation organize the expertise of scientific and technical programs and projects financed by the corresponding budget. It is pointed out that there is a need for expert evaluation of the results of ongoing research and development in The Strategy for Scientific and Technological Development of the Russian Federation. The issues of organizing and conducting expert evaluations in certain areas of activity are sorted out on the basis of a number of “sectoral” federal laws, by-laws and methodological recommendations. Despite
the abundance of normative-legal documents, many fundamental issues related to scientific and scientific-technical expert activity remain unresolved yet. For example, the federal legislation does not define the procedure of organizing and conducting scientific and scientific-technical expertise, the relations between the participants, their rights and obligations. Meanwhile, much depends on quality and unbiased expertise in the scientific sphere, including the development of fair competition for resources. The authors seek to analyze from theoretical, legal and practical point of view the unresolved problems in the areas of scientific and scientific-technical expertise and its competitive component, and to make up appropriate recommendations, including those related to expert activity at the level of public authorities and in state funds supporting science. It is also proposed to come back to the issue of adopting a basic law on scientific and scientific-technical expertise, sipulating the leading role of the Russian Academy of Sciences in the independent expertise of scientific, scientific-technical and innovative projects.
ТЕОРИЯ КОНКУРЕНТНОГО ПРАВА
The growing importance of intellectual property as an asset raises the question whether exercising of the intellectual property rights shall be regulated by antitrust law to protect against possible abuses and ensure the efficiency of the economy. The study aims to improve the existing regulation in the Russian Federation and align it with the idea of balancing private and public interests while fostering competition and encouraging innovation.
A significant number of antitrust cases against company holding a dominant position on the product market, whose actions infringe upon both business entities, including representatives of small and medium-sized businesses, and an indefinite circle of persons, are implicated by the presence of civil disputes with applicants who have applied to the antimonopoly authority. The article analyzes the mutual influence of acts of antimonopoly authorities and acts of arbitration courts in the consideration of civil disputes and proposes a solution to the problem of legal uncertainty.
БОРЬБА С КАРТЕЛЯМИ
The author examines the question of crime latency and cartels and other anti-competitive agreements latency at the interface of forensic science and competition law, presents evaluation methods of cartels and other anti-competitive agreements latency taking into account their pros and cons, suggests the definition of cartels and other anti-competitive agreements latency.
TARIFF REGULATION
The article presents the results of a study of the problems that occur when applying the problems of regulated application by regulated organizations in the field of heat supply and regulatory authorities of standardized approaches to substantiating actual expenses under the article “Expenses on doubtful debts” in relation to heat generation facilities. The specifics of the heat supply services market, expressed in the naturally monopolistic position of heat suppliers, are revealed. The key conditions for the successful functioning of regulated organizations have been identified and proposals have been developed to ensure the immutability of long-term regulatory parameters and accuracy in tariff planning, justification and cost calculation. An exhaustive list of documents justifying and confirming the actual expenses of regulated organizations in the field of heat supply under the article “Expenses on doubtful debts”has been developed and proposed. The results of approbation of the corresponding list of documents are presented.
PROCUREMENT CONTROL
In this article general approaches to organizing regular passenger traffic are considered buses, taking into account the observance of the principle of road safety as competitive advantage in the market of regular passenger transportation, including during competitive procedures under state and municipal purchases, as well as in the competition for representation the right to work on the route of regular transportation. Legal mechanisms are proposed that ensure the connection between the state of road safety during transportation at the carrier’s service facility, with further economic prospects in the form of profit and market size, and the amount of subsidies received.
The aim of the study is to analyze the existing problems in R&D procurement for the federal and municipal needs. The authors carried out a comparative analysis of the conducted surveys of the government customers and contractors representing research organizations and universities as well as of bidding documents and evaluation criteria for choosing the best offers in government procurement of social science research. The results of the study show that the currently applied approaches to the effectiveness evaluation of research organizations do not allow the selection of a duly qualified executor of a government order. A customer has to take decisions in conditions of high uncertainty both for the assessment of scientific capacity of a contractor and for the estimation of necessary resources to achieve the set goal. That makes the authors conclude that there is an urgent need in elaboration of alternative competitive criteria.
GRANTING PREFERENCES
The article considers the institute of state and municipal from the point of view of its impact on competition. Based on the analysis of the legislation and practice of making decisions by the antimonopoly bodies on giving consent to the granting of state or municipal preferences, studying the experience of the European Union, it is concluded that there is a threat of restricting competition even if the antimonopoly body agrees to grant preferences. The importance of the antimonopoly body's assessment of the proportion of positive and negative consequences of such provision of preferences is noted.
CONTROL OF FOREIGN INVESTMENT
The key issues that arise when determining the signs of establishing control by a foreign investor over strategic companies are considered, as well as the issue of using indirect evidence when establishing the fact of the presence (absence) of such control.
The classification of evidence of control is given, the judicial practice on the issue of evaluating the arguments of the antimonopoly authority and other persons when justifying the presence (absence) of control of a foreign investor over a Russian company engaged in a strategic type of activity is considered.
It is concluded that it is inappropriate to legislate a closed list of grounds for a foreign investor’s control over a Russian strategic company in Federal Law № 57.
ОБЗОРЫ
Analysis of the legal positions of arbitration courts in cases of violation of antitrust laws in terms of consideration of issues: exceptions to the patent monopoly, approaches to proving anticompetitive agreements, establishing the fact of being under the control of a foreign investor, abuse of dominant position, bringing to administrative responsibility in the absence of representatives of the person involved. Target: developing uniform approaches in law enforcement practice in cases of violation of antitrust laws.