EDITOR’S COLUMN
STATE REGULATION OF THE ECONOMY
The article reveals the issues of the main trends in Russian state policy for the development of competition in current socio-economic circumstances, explores the challenges facing nowadays the Russian antimonopoly state body and include proposals of mechanisms for improving antimonopoly regulation in the context of globalization and the development of the digital economy.
Economic Theory
The article explores the problems of resuming socio-economic growth in Russia based on the intensification of scientific and technological innovative development. A detailed analysis of the state of the Russian national economy in recent decades is given, the reasons for Russia's lag behind developed countries are revealed.
The work shows the role of investments in fixed assets and investments in the industry of the "knowledge economy" in ensuring the innovative development of the country, as well as justifies their possibility in Russia at the expense of a number of sources: bank assets, foreign economic loans, gold and foreign exchange reserves, bond loans. The author considers an investment loan to be the most effective form of using these funds.
БОРЬБА С КАРТЕЛЯМИ
From January 1, 2015, the Eurasian Economic Community, which existed since 2001, is being replaced by the Eurasian Economic Union, which currently includes the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Armenia and the Kyrgyz Republic.
When establishing an international organization for regional economic integration, the parties that signed the Treaty on the Eurasian Economic Union noted in the text of the agreement the desire to strengthen the economies of the member states of the Eurasian Economic Union and ensure their harmonious development and convergence, as well as guaranteeing sustainable growth in business activity, balanced trade and fair competition. Moreover, in part 1 of Article 1 of the Treaty it is noted that within the framework of the Union, the freedom of movement of goods, services, capital and labor, the conduct of a coordinated, agreed or unified policy in the sectors of the economy, is ensured.
In view of the foregoing, it seems very promising to study in depth the system of measures of criminal liability for one of the most serious infringements on competition anti-competitive agreements in these countries.
The article presents the results of a comparative analysis of the legislation of the EAEU member states in terms of the legislative regulation of the grounds for criminal liability for various agreements restricting competition.
Regulation of Advertising Activities
The article presents the results of a study of the formation and development of the institution of self-regulation in the field of advertising in a number of foreign countries.
The authors give a general description of widely recognized international standards in the field of advertising and marketing, study the experience of organizations that actively influence the development and coordination of advertising self-regulation processes. The article also discusses the most valuable mechanisms and practices for Russia used by foreign self-regulatory organizations in the field of advertising.
Taking into account the results of the analysis of the practice of applying the institution of self-regulation, the authors substantiate the expediency of assigning a broader competence to the institution of self-regulation in the field of advertising in the legislation of Russia.
CONTROL OF FOREIGN INVESTMENT
The article discusses some topical issues of restricting foreign participation in sectors of the economy that are strategically important for the state.
Based on the analysis of law enforcement and judicial practice, the author formulated the subject and standards for proving the fact of illegal establishment of control by a foreign investor over a strategic economic company. The author substantiates the thesis according to which the application of the standards of proof is predetermined by the specific circumstances of the offense committed.
ANTITRUST ENFORCEMENT PRACTICES
This article reveals the modern attitudes of the Collegial bodies of the Federal Antimonopoly Service, used in the framework of the revision of decisions of territorial antimonopoly administrations on cases of misapplication of dominance.
It is important to note that the positions of the Collegial bodies of the FAS Russia are significant important in antimonopoly law enforcement practice. Interpretation of competition law by the appellate boards of the antimonopoly service, among other things, contributes to maintaining the uniformity of law enforcement practice and clarifying certain provisions of the antitrust law.
In this regard the cases considered by the Collegial bodies of the FAS Russia are important for the development of antitrust practice.
To disclose the current positions of the FAS Russia more fully and practically on various issues of antimonopoly enforcement, the article will analyze some examples of cases considered by the agency in the fourth quarter of 2022.
ОБЗОРЫ
The review contains an analysis of the legal positions of the central office of the Federal Antimonopoly Service of Russia based on the results of assessing the legality and validity of decisions, decisions on administrative offenses.
Analysis of the legal positions of courts in cases of violation of antimonopoly legislation in terms of consideration of issues: antimonopoly control over trading, calculation of the amount of income for criminal prosecution for violation of antimonopoly legislation, provision of preferences.
Purpose: formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.