OPENING SPEECH
STATE REGULATION OF THE ECONOMY
The concepts of “institutional system of public management in the economic sphere”, “public power”, “economic management”, “principles of public economic management”, “subjects of public power vested with powers to manage the economy” have been studied. Definitions of relevant concepts are proposed.
It is concluded that public power in the economic sphere can be exercised by authorities not only directly, but also through the delegation of certain powers to other entities not related to state authorities or local self-government.
In modern Russian practice, power in the economic sphere can be delegated not only to state and local government agencies, but also to other bodies and organizations, as well as citizens.
At the same time, today in Russia there are no general grounds, principles and procedures for vesting government authorities, other bodies and organizations, as well as individuals with certain powers in the economic sphere, established by regulatory legal acts.
This legislative gap, in the author’s opinion, reduces the effectiveness of public administration, including control, in the economic sphere.
To resolve this problem, the author proposes to consolidate a list of public powers related to public management of the economy by normative legal acts of appropriate legal force; general grounds, conditions and principles for the delegation of public powers in the sphere of economic management to organizations, associations of citizens and individual citizens; register of relevant entities.
ANTITRUST ENFORCEMENT PRACTICES
The current approaches of the collegial bodies of the Federal Antimonopoly Service to the review of decisions of territorial bodies in cases of procedural violations when considering cases of violations of antimonopoly legislation are considered.
The importance of timely prevention and suppression of violations of legislation by authorities (including antimonopoly authorities) performing the functions of government and supervision is substantiated in order to achieve the goals of economic development and maintain a favorable climate in the field of entrepreneurship.
The legal positions of the Appellate Board of the FAS Russia play an important role in ensuring that territorial bodies correctly qualify violations of antimonopoly legislation by business entities and comply with the order (procedure) for considering antimonopoly cases.
The influence of strict adherence to the procedure for considering antimonopoly cases on the legality of qualifying the relevant offenses is substantiated.
An analysis of the positions of the collegial bodies of the FAS of Russia on individual facts of procedural violations committed by territorial bodies when considering cases of violation of antimonopoly legislation was carried out.
Competition authorities around many jurisdictions are taking steps to develop legal approaches to antitrust analysis of economic activities of digital platforms owners. However, when applying these approaches the particular impact is not always effective and leads to positive effects for the competition law enforcement on the relevant commodity markets.
The article provides a comprehensive analysis of legal framework of antitrust regulators in some jurisdictions during investigations against transaction digital platform owner called Amazon based on abuse of a dominant position on the relevant commodity markets, as well as the conclusion of anticompetitive agreements.
Legal approaches in competition law enforcement for determining market power and product and geographic boundaries of the commodity market where the owner of the digital transaction platform operates are also explored.
The article states that the main criteria of the market power of digital transaction platform owner is still a volume of market share.
The Article deals with issue of legal interpretation of digital platform owner particular actions on product market from competition law points of view and at the same time evaluates the effectiveness level of remedies have been taken by competition authorities in some jurisdictions.
The article is devoted to the analysis of precedent acts of competition authorities and court decisions made in 2021—2022 in cases of violation of antitrust provisions of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” of December 28, 2009 № 381-FZ were applied (hereinafter referred to as the Law on Trade) in order to study the developed approaches to the application of relevant legal rules. Based on the results of the analysis, the authors come to the conclusion that, despite the insignificance of the number of cases under consideration on violation of the antimonopoly requirements of Law on Trade, the problem of relations between participants in the markets for wholesale and retail trade in food products remains relevant, and therefore competition authorities and courts continue to improve approaches to the application of relevant legal rules, which seem appropriate to use in further monitoring of their compliance.
CONTROL OF FOREIGN INVESTMENT
The article discusses current issues of limiting foreign participation in certain sectors of the economy.
Based on the analysis of law enforcement and judicial practice, the author identifies various types of “gray schemes” for establishing foreign control over strategic companies, which are proposed to be understood as ways of organizing and implementing a set of transactions and other actions of foreign investors and legal entities and individuals belonging to the same group of persons with them, committed in circumvention of the law and the result of which is the establishment of foreign control over strategic companies, carried out, as a rule, in veiled forms hidden from the state in the person of authorized bodies.
In general foreign investors comply with the requirements of Russian legislation, acting in good faith and acquiring assets of Russian companies in compliance with established restrictions and licensing procedures, while the number of legal transactions in the period 2008—2023 significantly exceeds the number of illegal transactions.
НОРМАТИВНОЕ ПРАВОВОЕ РЕГУЛИРОВАНИЕ ЗАЩИТЫ И РАЗВИТИЯ КОНКУРЕНЦИИ
The paper explores some of the features that relate to the application of the inheritance contract under the current legislation. The civil law nature of the hereditary contract in Russia is considered. The significance and prospects for the conclusion by potential participants of the inheritance contract are determined, when the object of inheritance is the right to participate in commercial organizations. The paper also provides a legal comparison of the new institution with a will. An analogy is also drawn with the concept of a contract as the main category of civil law. Examples from judicial practice are given.
ОБЗОРЫ
The article is devoted to the analysis of a number of problematic aspects that arise when determining the conditions for commercial accounting of municipal solid waste (hereinafter referred to as MSW) in contractual relations between regional operators and consumers, through the prism of competition legislation. In particular, based on the practice of antimonopoly authorities, the obstacles that arise for consumers (legal entities and individual entrepreneurs) to independently determine contractual terms are considered and ways to overcome them by amending the current legislation are proposed.
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, definitions in cases of administrative offenses and is aimed at achieving the goal of forming uniform approaches in the law enforcement practice of antimonopoly bodies in cases of administrative offenses.