On the Relationship Between Constitutional Provisions on the Protection of Competition and Constitutional Norms on the Human Rights
( Pp. 228-235)

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Tenishev Andrey Petrovich Cand.Sci.(Law), Head of the Competition Law Department
Russian Presidential Academy of National Economy and Public Administration
Moscow, Russian Federation Khaziev Shamil Nikolaevich Dr.Sci.(Law), Associate Professor, Chief Researcher
Russian Federal Centre of Forensic Science of the Ministry of Justice of Russia
Moscow, Russian Federation
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Abstract:
The issues of the relationship between the provisions of the Constitution of the Russian Federation on the protection and support of competition and constitutional norms on the rights of citizens who are participants in economic relations are considered. The existing contradictions related to the imperfection and inconsistency of some norms of the legislation on protection of competition and the norms governing the procedure for antimonopoly investigation and proceedings in cases of administrative offenses, as well as the procedure for investigating crimes related to infringement on freedom of competition within the framework of domestic criminal law and criminal procedural law are identified and described.
How to Cite:
Tenishev A.P., Khaziev S.N., (2022), ON THE RELATIONSHIP BETWEEN CONSTITUTIONAL PROVISIONS ON THE PROTECTION OF COMPETITION AND CONSTITUTIONAL NORMS ON THE HUMAN RIGHTS. Gaps in Russian Legislation, 5 => 228-235.
Reference list:
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Bashlakov-Nikolaev I.V. On the need to prevent objective imputation when resolving issues of responsibility for collective dominance // Laws of Russia: experience, analysis, practice. 2020. No. 2. Pp. 64-74.
Bashlakov-Nikolaev I.V., Maksimov S.V. Collective dominance: is it possible for an individual to abuse the dominant position of a "collective" of dominants? // Competition law. 2020. No. 2. Pp. 13-17;
Bashlakov-Nikolaev I.V., Maksimov S.V. The phenomenon of collective dominance as the antipode of the cartel: the results of a critical analysis of the Russian and European approaches // Journal of Russian Law. 2021. No. 4. Pp. 83-91.
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Chernysh A.V. Antimonopoly investigations in the European Court, human rights and the European Court of Human Rights // Actual problems of Russian Law. 2014. No. 8 (45). Pp. 1778-1784.
Keywords:
antimonopoly law, antimonopoly process, administrative offenses, cartel, collective dominance, competition, litigation.


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