Pub Date : 2023-10-02DOI: 10.47361/2542-0259-2023-3-35-58-63
I. V. Akimova, I. N. Kozhevnikov
This article is devoted to the analysis of the regulation of the antimonopoly compliance system in the Russian Federation in terms of assessing its balance, in accordance with the requirements of the antimonopoly compliance enforcement system. This article proposes a sustainable public assessment in terms of their sustainability and effectiveness in protecting entities in the development and implementation of an antitrust compliance system.
{"title":"The expediency of applying the national standard of antimonopoly compliance","authors":"I. V. Akimova, I. N. Kozhevnikov","doi":"10.47361/2542-0259-2023-3-35-58-63","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-3-35-58-63","url":null,"abstract":"This article is devoted to the analysis of the regulation of the antimonopoly compliance system in the Russian Federation in terms of assessing its balance, in accordance with the requirements of the antimonopoly compliance enforcement system. This article proposes a sustainable public assessment in terms of their sustainability and effectiveness in protecting entities in the development and implementation of an antitrust compliance system.","PeriodicalId":476801,"journal":{"name":"Rossijskoe konkurentnoe pravo i èkonomika","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135893090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-02DOI: 10.47361/2542-0259-2023-3-35-64-70
N. A. Elbaeva, O. A. Moskvitin
The issues of standardization and use of antimonopoly compliance in the states – members of the Eurasian Economic Union (EAEU) are considered. The relevance of comparative studies of the Institute of Antimonopoly Compliance in the EAEU member states has been revealed. The appropriateness of the development and adoption of the interstate standard of the antimonopoly compliance system in the EAEU is evaluated.
{"title":"Interstate standardization of antimonopoly compliance in the Eurasian Economic Union (current issues)","authors":"N. A. Elbaeva, O. A. Moskvitin","doi":"10.47361/2542-0259-2023-3-35-64-70","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-3-35-64-70","url":null,"abstract":"The issues of standardization and use of antimonopoly compliance in the states – members of the Eurasian Economic Union (EAEU) are considered. The relevance of comparative studies of the Institute of Antimonopoly Compliance in the EAEU member states has been revealed. The appropriateness of the development and adoption of the interstate standard of the antimonopoly compliance system in the EAEU is evaluated.","PeriodicalId":476801,"journal":{"name":"Rossijskoe konkurentnoe pravo i èkonomika","volume":"292 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135893094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-02DOI: 10.47361/2542-0259-2023-3-35-80-93
A. P. Velikanov, A. A. Shagants
The review contains an analysis of the legal positions of the central office of the FAS Russia based on the results of assessing the legality and validity of decisions and definitions in cases of administrative offenses. The purpose of the analytical review is to form uniform approaches in the law enforcement practice of antimonopoly bodies in cases of administrative offenses.
{"title":"Analytical review of the practice of consideration by the Central Office of the Federal Antimonopoly Service of Russia of complaints about decisions, definitions in cases of administrative offenses in the order of chapter 30 of the Administrative Code of the Russian Federation (II quarter 2023)","authors":"A. P. Velikanov, A. A. Shagants","doi":"10.47361/2542-0259-2023-3-35-80-93","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-3-35-80-93","url":null,"abstract":"The review contains an analysis of the legal positions of the central office of the FAS Russia based on the results of assessing the legality and validity of decisions and definitions in cases of administrative offenses. The purpose of the analytical review is to form uniform approaches in the law enforcement practice of antimonopoly bodies in cases of administrative offenses.","PeriodicalId":476801,"journal":{"name":"Rossijskoe konkurentnoe pravo i èkonomika","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135831363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-02DOI: 10.47361/2542-0259-2023-3-35-42-49
O. A. Moskvitin, A. S. Berezgov
The competence of the departmental appeal (collegial bodies) of the FAS Russia includes disputes between business entities and territorial departments of the FAS Russia, ensuring uniformity in the practice of applying antimonopoly legislation. The positions of the collegial bodies of the FAS Russia, which determine the development of law enforcement practice and the approaches of antimonopoly authorities to resolving similar cases, are no less important today than the clarifications of the courts. Such positions (especially on complex disputes) should be formed very carefully and on the basis of a comprehensive consideration of each issue. The institution of a “friend of the court” (“amicus curiae”) — an expert who is not associated with either side of the dispute — has been known since the times of Ancient Rome. In the context of multiple corporate connections, jurisdictions, and conflicts of interest, and tightening anti-corruption standards, this institution has become even more in demand. The article examines the Russian practice of “amicus curiae” within the framework of departmental appeals by the FAS of Russia. The authors answer questions about the feasibility and effectiveness of using this institution in the practice of departmental appeals of the FAS of Russia when considering cases that have the significance of an actual precedent.
{"title":"“Amicus curiae” and its role in the practice of official appeal of the Federal Antimonopoly Service","authors":"O. A. Moskvitin, A. S. Berezgov","doi":"10.47361/2542-0259-2023-3-35-42-49","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-3-35-42-49","url":null,"abstract":"The competence of the departmental appeal (collegial bodies) of the FAS Russia includes disputes between business entities and territorial departments of the FAS Russia, ensuring uniformity in the practice of applying antimonopoly legislation. The positions of the collegial bodies of the FAS Russia, which determine the development of law enforcement practice and the approaches of antimonopoly authorities to resolving similar cases, are no less important today than the clarifications of the courts. Such positions (especially on complex disputes) should be formed very carefully and on the basis of a comprehensive consideration of each issue. The institution of a “friend of the court” (“amicus curiae”) — an expert who is not associated with either side of the dispute — has been known since the times of Ancient Rome. In the context of multiple corporate connections, jurisdictions, and conflicts of interest, and tightening anti-corruption standards, this institution has become even more in demand. The article examines the Russian practice of “amicus curiae” within the framework of departmental appeals by the FAS of Russia. The authors answer questions about the feasibility and effectiveness of using this institution in the practice of departmental appeals of the FAS of Russia when considering cases that have the significance of an actual precedent.","PeriodicalId":476801,"journal":{"name":"Rossijskoe konkurentnoe pravo i èkonomika","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135835897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-02DOI: 10.47361/2542-0259-2023-3-35-34-41
I. V. Bashlakov-Nikolaev
.
．
{"title":"To the question of the impact of public procurement on economic growth indicators. Commentary on the article by D.V. Berdnikov and O.Yu. Kirillova \"Analysis of the impact of public procurement indicators on the achievement of public policy goals\"","authors":"I. V. Bashlakov-Nikolaev","doi":"10.47361/2542-0259-2023-3-35-34-41","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-3-35-34-41","url":null,"abstract":".","PeriodicalId":476801,"journal":{"name":"Rossijskoe konkurentnoe pravo i èkonomika","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135895455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-02DOI: 10.47361/2542-0259-2023-3-35-10-16
D. A. Gavrilov
The concept of coordinating economic activity in domestic competition law and law enforcement practice has been investigated. The types of anticompetitive coordination of economic activities (ACED) were highlighted, the ratio of ACED with “vertical” agreements, abuse of dominant position was assessed.
{"title":"The foundation and development of anticompetitive coordination legal restriction in Russian competition law","authors":"D. A. Gavrilov","doi":"10.47361/2542-0259-2023-3-35-10-16","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-3-35-10-16","url":null,"abstract":"The concept of coordinating economic activity in domestic competition law and law enforcement practice has been investigated. The types of anticompetitive coordination of economic activities (ACED) were highlighted, the ratio of ACED with “vertical” agreements, abuse of dominant position was assessed.","PeriodicalId":476801,"journal":{"name":"Rossijskoe konkurentnoe pravo i èkonomika","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135831365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-02DOI: 10.47361/2542-0259-2023-3-35-18-32
D. V. Berdnikov, O. Yu. Kirillova
The study is devoted to the study of the dynamics of the achievement of indicators of the state macroeconomic policy of Russia during 2013—2022 and the assessment of the impact of public procurement spheres on this process. The article presents statistics of absolute and relative indicators of public policy, as well as gross indicators and effective indicators of public procurement. The article contains the results of a correlation analysis of the impact of public procurement indicators implemented under Federal Law No. 44-FZ of April 5, 2013 "On the Contract System in the Field of procurement of Goods, Works, Services for State and Municipal Needs" on the achievement of public policy targets, including the dynamics of GDP and changes in the level of budget savings in the implementation of public procurement activities. The scientific novelty of the study consists in the application of the mathematical and statistical method of correlation with respect to macroeconomic indicators of the functioning of the national economy of the Russian Federation to identify the direction and strength of the relationship between the studied areas of economic activity. An element of scientific novelty is also the justification of the time shift of the interdependent studied indicators of public policy and public procurement based on the logic of the process impact of public procurement activities on the results of public policy and information restrictions imposed by the current mechanism for collecting, summarizing and publishing official state statistics. The author's contribution to the development of scientific research devoted to the study and attempts to optimize public procurement activities as a tool for achieving the goals of public policy consists in the use of mathematical logic tools to substantiate the performance indicators of public procurement, providing the best economic results of public policy in the time period under study. Based on the results of the study, it is concluded that it is possible to establish and quantify the relationship between the gross indicators of the functioning of public procurement and the achievement of public policy indicators, including ensuring economic growth in terms of GDP dynamics and managing the level of budget savings generated as a result of public procurement activities.
{"title":"Analysis of the impact of public procurement indicators on the achievement of public policy goals","authors":"D. V. Berdnikov, O. Yu. Kirillova","doi":"10.47361/2542-0259-2023-3-35-18-32","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-3-35-18-32","url":null,"abstract":"The study is devoted to the study of the dynamics of the achievement of indicators of the state macroeconomic policy of Russia during 2013—2022 and the assessment of the impact of public procurement spheres on this process. The article presents statistics of absolute and relative indicators of public policy, as well as gross indicators and effective indicators of public procurement. The article contains the results of a correlation analysis of the impact of public procurement indicators implemented under Federal Law No. 44-FZ of April 5, 2013 \"On the Contract System in the Field of procurement of Goods, Works, Services for State and Municipal Needs\" on the achievement of public policy targets, including the dynamics of GDP and changes in the level of budget savings in the implementation of public procurement activities. The scientific novelty of the study consists in the application of the mathematical and statistical method of correlation with respect to macroeconomic indicators of the functioning of the national economy of the Russian Federation to identify the direction and strength of the relationship between the studied areas of economic activity. An element of scientific novelty is also the justification of the time shift of the interdependent studied indicators of public policy and public procurement based on the logic of the process impact of public procurement activities on the results of public policy and information restrictions imposed by the current mechanism for collecting, summarizing and publishing official state statistics. The author's contribution to the development of scientific research devoted to the study and attempts to optimize public procurement activities as a tool for achieving the goals of public policy consists in the use of mathematical logic tools to substantiate the performance indicators of public procurement, providing the best economic results of public policy in the time period under study. Based on the results of the study, it is concluded that it is possible to establish and quantify the relationship between the gross indicators of the functioning of public procurement and the achievement of public policy indicators, including ensuring economic growth in terms of GDP dynamics and managing the level of budget savings generated as a result of public procurement activities.","PeriodicalId":476801,"journal":{"name":"Rossijskoe konkurentnoe pravo i èkonomika","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135893275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-02DOI: 10.47361/2542-0259-2023-3-35-72-79
I. P. Bochinin
The article discusses the problems of determining the nature of the list of state and municipal preferences. It is established that the list of purposes for granting preferences, which is set out in Part 1 of Article 19 of Federal Law No. 135-FZ of 26.07.2006 “On Protection of Competition”, is open, as it can be expanded by other regulatory legal acts. Also the author notes that the essence of the legislative regulation of the institute of preferences encourages the exclusivity of the purposes of their granting — public authorities cannot provide preferences in violation of the purposes directly provided for by law, corresponding to the abovementioned legal proposition.
{"title":"About list of purposes for granting state and municipal preferences","authors":"I. P. Bochinin","doi":"10.47361/2542-0259-2023-3-35-72-79","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-3-35-72-79","url":null,"abstract":"The article discusses the problems of determining the nature of the list of state and municipal preferences. It is established that the list of purposes for granting preferences, which is set out in Part 1 of Article 19 of Federal Law No. 135-FZ of 26.07.2006 “On Protection of Competition”, is open, as it can be expanded by other regulatory legal acts. Also the author notes that the essence of the legislative regulation of the institute of preferences encourages the exclusivity of the purposes of their granting — public authorities cannot provide preferences in violation of the purposes directly provided for by law, corresponding to the abovementioned legal proposition.","PeriodicalId":476801,"journal":{"name":"Rossijskoe konkurentnoe pravo i èkonomika","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135893292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-02DOI: 10.47361/2542-0259-2023-3-35-50-57
M. D. Borisova
The practice of application of the FAS Russia Rules for ensuring access to the services of subjects of natural monopolies at airports and the Rules for non-discriminatory access to the services of subjects of natural monopolies in ports has been studied. The practice of bringing subjects of natural monopolies to administrative responsibility for violation of these rules is analyzed. The article highlights the current legal approaches of the Federal Antimonopoly Service of Russia on the issue of qualifying violations of these rules by subjects of natural monopolies.
{"title":"Actual approaches of the Federal Antimonopoly Service of Russia to bring subjects of natural monopolies providing services in ports or airports to administrative liability for violation of the rules of non-discriminatory access","authors":"M. D. Borisova","doi":"10.47361/2542-0259-2023-3-35-50-57","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-3-35-50-57","url":null,"abstract":"The practice of application of the FAS Russia Rules for ensuring access to the services of subjects of natural monopolies at airports and the Rules for non-discriminatory access to the services of subjects of natural monopolies in ports has been studied. The practice of bringing subjects of natural monopolies to administrative responsibility for violation of these rules is analyzed. The article highlights the current legal approaches of the Federal Antimonopoly Service of Russia on the issue of qualifying violations of these rules by subjects of natural monopolies.","PeriodicalId":476801,"journal":{"name":"Rossijskoe konkurentnoe pravo i èkonomika","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135894737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-02DOI: 10.47361/2542-0259-2023-3-35-8-9
I. V. Akimova
.
．
{"title":"Current antitrust agenda","authors":"I. V. Akimova","doi":"10.47361/2542-0259-2023-3-35-8-9","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-3-35-8-9","url":null,"abstract":".","PeriodicalId":476801,"journal":{"name":"Rossijskoe konkurentnoe pravo i èkonomika","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135895076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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