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Russian competition law and economy

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No 3 (2024)
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OPENING SPEECH

EXPERIENCE OVERSEAS

8-19 100
Abstract

The article considers the problem of impact assessment of legal regulation on competition. This research has been conducted in order to increase the effectiveness of the activities of the Eurasian Economic Commission (EEC) for the protection and development of competition. Special attention has been paid to the study of the impact assessment mechanism of legal regulation on competition in the Eurasian Economic Union (EAEU) and other international organizations and regional associations.
The best practices of the Organization for Economic Cooperation and Development (OECD), the European Union (EU), the Association of Southeast Asian Nations (ASEAN) and the West African Economic and Monetary Union (WAEMU) have been analyzed based on the statutory, regulatory and advisory documents, as well as voluntary peer-reviews.
It is concluded that the best conditions for assessing the impact on competition in Eurasian region could be created when it is carried out in all member states of the Union and in the EAEU as a whole based on a standard methodology

20-31 34
Abstract

An analysis of the legislation of the CIS countries in terms of norms regulating the application of preventive measures of antimonopoly response has been conducted. The development of institutions of warning and prevention in Russia and CIS countries, as well as the consequences of applying these institutions for participants in economic relations, has been researched.
As a result of the analysis, it was concluded that despite the presence of several issues related to the application of the institution of warnings, this and other preventive mechanisms of antimonopoly control have proven their effectiveness, as they allow for timely and operational elimination of the threat of violation of antimonopoly legislation, bringing the relations of market participants into a legal framework.
At the same time, the diversity of measures aimed at preventing violations of antimonopoly legislation in the competitive law of CIS countries indicates the presence of measures for the development of preventive methods of antimonopoly control, including in Russian legislation

ТЕОРИЯ КОНКУРЕНТНОГО ПРАВА

32-37 52
Abstract

A group of persons, based on the type of legal relations in which persons from its composition take part, can be considered as a single subject of relations or as a set of individuals. The concept of a group of persons as a form of group association and behavior is used in different meanings in relation to antitrust prohibitions and the institution of control of economic concentration, which determines the relevance and necessity of studying the legal status of a group of persons in various legal relations. The legal regulation of a group of persons is based on the rule of treating a group of persons as an economic entity, with the exception of cases defined in Part 2 of Article 9 of the Law on Protection of Competition

ANTITRUST ENFORCEMENT PRACTICES

38-45 67
Abstract

The article analyzes the goals and objectives pursued by the antimonopoly body in monitoring transactions of economic concentration. The author concludes that the use of structural and behavioral regulations allows the antimonopoly body to achieve the goals of state control in the form of preventing the emergence of conditions (prerequisites) to limit competition. The problem of organizing effective monitoring of the execution of the prescription, the resolution of which can be facilitated by the institution of a trustee (manager, trust), was considered. The main provisions of this institute are taken into account when determining the status of an expert in the fifth antimonopoly package

БОРЬБА С КАРТЕЛЯМИ

46-51 59
Abstract

The new version of Part 7 Article 11 Federal Law № 135-FZ of July 26, 2006, "On Protection of Competition" was considered, which entered into force on September 01, 2023 and excludes the effect of immunity to a controlled group of persons in concluding an anticompetitive agreement at auction, based on the analysis of antimonopoly legislation, as well as law enforcement practice

ЗАКУПКИ И ТОРГИ

52-63 43
Abstract

The transition to the practice of public procurement using electronic documents and technologies predetermined not only the need to introduce new — "digital" concepts into normative, law enforcement and scientific circulation, but also the need for their doctrinal interpretation. The article examines the provisions of the Federal Law “On the contract system in the sphere of procurement of goods, works, services to meet state and municipal needs” dated 05.04.2013 No. 44-FZ (hereinafter referred to as Law No. 44) and the Decree of the Government of the Russian Federation dated 27.01.2022. № 60 (hereinafter referred to as Resolution No. 60) the concepts of "electronic document" and "electronic image of a document", and outwardly similar concepts of "electronic document" and "graphic image of the original document (graphic view)" used in the Federal Law "On the Procurement of Goods, Works, and Services by Certain Types of Legal Entities" dated 18.07.2011 № 223- FZ (hereinafter referred to as Law No.223-FZ) and the RF Government Resolution dated 10.09.2012 No. 908 (hereinafter referred to as Resolution № 908). The authors come to the conclusion that the term "electronic document" is identical to the concept of "electronic document", and the concept of "graphic view of a document" cannot be considered as a legal synonym for the concept of "electronic image of a document".
According to the authors, this contradiction can only be eliminated by the rule-maker himself

64-69 50
Abstract

In this article, we consider the current approaches of the antimonopoly service used in the course of considering cases related to public tenders in the contract legislation (Federal Law No. 44-FL dated April 5, 2013 "On the contract system in the procurement of goods, works, services for state and municipal needs").
Taking into account the results of scientific research, the legal positions of the antimonopoly authorities on the relevant category of cases have been studied and commented on

TARIFF REGULATION

70-77 58
Abstract

The article examines the problems of pricing in the field of solid municipal waste (MSW) management in the context of systemic reform, including the regional experience of MSW management entities, the effectiveness of the reform.
The practice of forming territorial schemes for MSW management, the specifics of forming tariffs for services in the field of MSW management were analyzed.
Problems of regulation of MSW transportation activities were identified and described. 
The need to introduce separate accounting regimes and the mandatory disclosure of financial statements by regional operators in the field of MSW management is justified.



ISSN 2542-0259 (Print)