No 4 (2018)
ГОСПОЛИТИКА В СФЕРЕ КОНКУРЕНЦИИ
6-13 179
Abstract
This paper presents methodological aspects of measuring the results of the evaluation of state competition policy, as well as key approaches to define aspects and indicators of condition and change of competition environment in the commodity and service markets of federal subjects of the Russian Federation.
14-17 170
Abstract
This article discusses the leading concepts of assessing the competitiveness of countries, various industries and management, as well as existing methodological approaches to the criteria for assessing the competitiveness of the Russian timber industry. On the basis of statistical data, the analysis of criminalization of the industry is carried out, taking into account which proposals are given to improve the methodological tools for assessing the competitiveness of the Russian timber industry.
ГОСПОЛИТИКА В СФЕРЕ БОРЬБЫ С КАРТЕЛЯМИ
18-23 220
Abstract
Crime, as a systemic phenomenon, has the ability to reproduce itself. Cartels are no exception in these matters. In this article, the author considers the reasons that contribute to the self-reproduction of cartels. The issues of counteraction to self-reproduction of cartels, which is considered in this article in two forms: the creation of yourself and the creation of other crimes, are relevant.
24-33 255
Abstract
The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.
КОНТРОЛЬ В СФЕРЕ ЗАКУПОЧНОЙ ДЕЯТЕЛЬНОСТИ
34-43 311
Abstract
The article deals with the criminological grounds and background of the adoption of the Federal law of April 23, 2018 № 99-FZ, which introduced criminal liability for abuse in the procurement of goods, works and services for state or municipal needs (Art. 2004 of Criminal Code of the Russian Federation) and for bribery of employees of contract service, contract managers, members of the Commission on the implementation of the procurement of persons engaged in the acceptance of the delivered goods, performed works or rendered services, other authorized persons, representing interests of customer in the scope of the relevant procurement (Art. 2005 of the Criminal Code).The author formulates private rules of qualification of the corresponding crimes and differentiation of their structures from structures of adjacent crimes and administrative offenses. The necessity of changing the position of the legislator regarding generic and direct objects of these crimes, the adoption of a special resolution of the Plenum of the Supreme Court of the Russian Federation to explain the practice of applying the relevant innovations.
44-49 322
Abstract
The article proposes a definition of the concept of collusion in tenders. The subject and signs of collusion in tenders are examined, the mechanism of proving such an arrangement is examined. The analyzed circumstances and the procedure for exemption from liability, the legal possibilities for reducing the amount of fines for cartel members who have entered into active repentance measures. Considered individual problems and the conclusion of a conclusion of bidding.
ПРОБЛЕМЫ ПРИМЕНЕНИЯ ЗАКОНОДАТЕЛЬСТВА
50-53 222
Abstract
The article deals with the problems of legal regulation in the field of land relations and construction in conjunction with the legally protected interests of competition protection. The corresponding law-enforcement, including judicial, practice of territorial authorities of FAS of Russia is investigated. Shortcomings of the current land legislation provoking violation of the antimonopoly legislation are revealed. The conclusion is made about the necessity of legislative solution of the problem.
АНТИМОНОПОЛЬНЫЙ КОМПЛАЕНС
54-62 244
Abstract
The article is devoted to the research of legal promoting for economic entities to the implement an effective system of internal support of compliance with the antimonopoly law requirements with considering the points of view of leading foreign and Russian experts in the field of competition law and the legal positions of antimonopoly authorities in order to identify drivers for the applying antitrust compliance in Russia. The author comes to the conclusion that mitigation of administrative responsibility should be considered as the most balanced driver to the compliance-system for economic entities.
ОБЗОРЫ МЕРОПРИЯТИЙ
64-73 251
Abstract
The Article reviews the viewpoints of U. S. and EU experts on legal issues of usage of big Data in commercial practice. The introduction defines the notion of “big data” and reveals the background to the adoption of General Data Protection Regulation. Then the main points of American and European experts on protection of competition in digital environment, which were presented at 11th international conference Computers, Privacy & Data Protection 2018, are expounded. Concurring with the idea that excessive concentration of data in hands of tech giants stifles competition and innovation, the speakers proposed their views how to solve this problem.
ISSN 2542-0259 (Print)