No 1 (2019)
КОНТРОЛЬ В СФЕРЕ РЕКЛАМЫ
8-13 234
Abstract
The article analyzes the formation of institution of the Self-Regulation in the Area of Advertising in Russian Federation. The article analyzes, in particular, legal basis of the Self-Regulation in the Area of Advertising, specified by the 1995 Federal law «On Advertising», also analyzes active provisions of the 2006 «On Advertising» Federal Law. The article concludes that the above-stated institution currently is in an ititial state of it's development.
14-17 441
Abstract
The article consideres the outdoor advertising signs and legislator approaches to it's definition. The article concludes that currently uniformity of outdoor advertising content conception for legislators, law applicators and experts community is absent. The article also includes the «outdoor advertising» original concept.
ПРАВОВОЕ РЕГУЛИРОВАНИЕ ЗАЩИТЫ И РАЗВИТИЯ КОНКУРЕНЦИИ
18-23 220
Abstract
Regulation of relations connected with the organization and holding of tenders exclu- sively by the norms of civil law and civil legislation is impossible, since the issues of ensuring competition are of a public nature, aimed at ensuring public interest, which is the basis of the constitutional system of our state, and therefore require public legal regulation. Taking into account the importance of tenders for ensuring competition, it is more effective to develop both the legal institution of tenders in the sphere of complex branch of competition law and the legislation on tenders, as its external manifestation, in the sphere of antimonopoly legislation.
24-33 192
Abstract
This article considers the economic category “competitive environment” as a factor in forming the entrepreneurial climate, presents theoretical approaches to the definition of this category, assesses the state of the competitive environment in the Novosibirsk region based on the competition intensity rating and survey of entrepreneurs, identifies some problems in the implementation of state competition policy in the Novosibirsk region and proposed a mechanism to improve the performance of measures of regional authorities to create high-quality competitive environment.
АНТИМОНОПОЛЬНЫЙ КОМПЛАЕНС
34-37 215
Abstract
Antitrust compliance system has been one of the most topical issues in the sphere of antimonopoly legislation for the last few years. By now FAS of Russia has prepared the draft law, stipulating the introduction of the antitrust compliance institution and the amendments to the Administrative Offences Code of the Russian Federation, that should allow to mitigate administrative responsibility for the offender if the functioning compliance system is implemented. In this article the author is considering the antitrust compliance system not only as an instrument, that may allow to reduce the administrative penalty for the legal entity but also as a valid defense.
ГОСУДАРСТВЕННАЯ ПОЛИТИКА В СФЕРЕ КОНКУРЕНЦИИ
38-43 200
Abstract
The article includes a brief empirical analysis of “marketing’, “competition”, “competi- tiveness” and “competitive advantages” definitions, it also provides characteristic of com- petitive advantages of the Russian timber industry, including the production dynamics of wood products, poly wood, paper, cardboard and wood pulp. In addition, it gives the evaluation of key payers in furniture and paper production on the basis of factors having impact on volume changes in production and competition development. It makes analy- sis of the turnover of examined timber in-dustry production on the consumer market in Russia within the context of the producer country.
ПРОБЛЕМЫ ПРИМЕНЕНИЯ АНТИМОНОПОЛЬНОГО РЕГУЛИРОВАНИЯ
44-50 202
Abstract
This article reflects the amendments to normative acts dealing with in-house and (or) indoor gas equipment service and repair. The Authors, having analyzed the case law and the practice of antimonopoly authorities, have identified a number of problems.
ПРАВОНАРУШЕНИЯ В СФЕРЕ АНТИМОНОПОЛЬНОГО ЗАКОНОДАТЕЛЬСТВА
52-59 771
Abstract
The article consideres the key provisions of legal institutions of leniency and exemption from liability for violation of the antimonopoly legislation, controversial issues of appli- cation practice of institution of leniency and exemption from liability. The article inves- tigates the proposals of legislative regulation improvement of above-stated institutions and their application practice.Objective: creation of theoretical prerequisites for legislative regulation improvement for the institutions of leniency and exemption from liability for violation of the antimo- nopoly legislation.Summary: the article concludes that the institutions of leniency and exemption from liability for violation of the antimonopoly legislation should be applied according to the specifics of a particular offense and should be aimed at private and public interests balancing, principles of proportionality, individualization, equity, the inevitability of administrative responsibility measures.
60-67 199
Abstract
In article authors investigate questions of the operating legal regulation of coordination of economic activity of independent economic entities, including questions of its legisla- tive definition and signs. Article contains the detailed analysis of the most interesting examples of judicial practice and practice of antimonopoly authorities on the matter. Authors, analyzing the current legal regulation, also give an assessment to the planned changes in the legislation in this part and state the point of view about dependence of legal assessment of actions of the coordinator and the economic entities coordinated by it on operating conditions of commodity markets on which it is carried out. As a result of a research authors drew a conclusion on need of legislative changes in a part of admis- sibility of the forbidden coordination provided that the advantage for consumers of such coordination exceeds negative effects for the competition.A significant amount of works of the modern scientists and experts investigating a per- spective of institutes of the antitrust law is devoted to questions of legal qualification of coordination of economic activity of independent economic entities in legal scientific literature.The matter was also raised in publications and authors of the "Rossiyskoye Konkurent- noye Pravo I Ekonomika" magazine, at the same time, it should be noted that to consid- eration of questions of coordination of activity smaller attention is paid, than, for ex- ample, to questions of cartels.Thus, degree of scientific readiness of the matter in general is rather high, at the same time to authors the relevance of this subject and need of the analysis and assessment of the operating regulation taking into account economic features of the present stage of development of the markets seems to be of high interest.
ПРОБЛЕМЫ ПРИМЕНЕНИЯ АНТИМОНОПОЛЬНОГО И ПРОКОНКУРЕНТНОГО ЗАКОНОДАТЕЛЬСТВА
ОБЗОР МЕРОПРИЯТИЙ
ISSN 2542-0259 (Print)