Conceptual Foundations of Criminal Law Protection of Competition
( Pp. 230-234)
More about authors
Dosova Zulfiya Kusainovna
mayor yusticii, adyunkt
Academy of Management of the Ministry of Internal Affairs of Russia
Moscow, Russian Federation
Academy of Management of the Ministry of Internal Affairs of Russia
Moscow, Russian Federation
Abstract:
The purpose of the research. The scientific article is aimed at identifying topical problems of the criminal law protection of competition, as well as finding promising ways to solve them. The study was carried out through a critical analysis of the criminal legislation that ensures the protection of economic competition, comparison and assessment of the points of view presented in the doctrine on the problems existing in this area of scientific knowledge. Results. The scientific article highlights the shortcomings of the current legislation providing criminal legal protection of competition. The author points out a clear imbalance in the practice of applying the articles of the criminal law aimed at protecting competition, many of which remain inoperative. According to the author, the elimination of the existing shortcomings is impossible without scientific substantiation of the concept of countering these crimes. Increasing the effectiveness of the norms of the criminal law aimed at counteracting encroachments on competition is associated, first of all, with strengthening the preventive potential of the current legislation. The author pays special attention to the shortcomings and gaps in the legal structure of Art. 178 of the Criminal Code of the Russian Federation. The solutions are proposed to improve the efficiency of the criminal law countering the restriction of competition. Namely: to reduce the provisions provided for in Art. 178 of the Criminal Code of the Russian Federation the amount of damage caused by the act, as well as illegally obtained income; stipulate in art. 178 of the Criminal Code of the Russian Federation, a complete list of ways to restrict competition.
How to Cite:
Dosova Z.K., (2021), CONCEPTUAL FOUNDATIONS OF CRIMINAL LAW PROTECTION OF COMPETITION. Gaps in Russian Legislation, 6 => 230-234.
Reference list:
Boytsov A.N., Obrazhiev K.V. Criminal liability for preventing, limiting or eliminating competition. Monograph. - Stavropol: Service School, 2006. - 152 p.
Volzhenkin B.V. Crimes in the field of economic activity under the Criminal Law of Russia. - SPb .: Jurid. Center Press, 2007. - 765 p.
Gravina A.A. Humanization of criminal legislation and its role in the prevention of crimes in the field of entrepreneurial activity // Journal of Russian law. 2019. № 8. P. 85-95.
Zhabaginov R.A. Criminal liability for restricting competition: diss. ... Ph.D. - M., 2021. - 202 p.
Zhilkin M.G. Differentiation of criminal responsibility for crimes in the field of entrepreneurial activity: problems of theory and practice: diss. ... Dr. jurid. sciences. - M., 2019. - 402 p.
Lopashenko N.A. Questions of qualification of crimes in the sphere of economic activity. - Saratov: Publishing house Sarat. University, 1997. - 184 p.
Maksimov S.V., Utarov K.A. Competition Criminal Policy: Objectives and Opportunities. Monograph / Ed. V.P. Zavarukhin. - M.: IPRAN RAN, 2018. - 80 p.
Petrov S.V., Chernykh E.E. Criminal-legal and criminological aspects of counteraction to organized forms of criminal encroachments on competitive relations in the sphere of economics: monograph. - N. Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2016. - 124 p.
Pinkevich T.V. Features of the causal complex of economic crime (on the example of the relationship of cyclical processes in the economy and economic crime) // Causes of economic crime: identification, training, counteraction: materials of the interuniversity interdepartmental scientific and practical round table on the discussion of the textbook by I.M. Matskevich «Causes of Economic Crime», May 26, 2017. - M.: Prospect, 2017. P. 228-230.
Pinkevich T.V. Countering crimes committed in the field of competition: problem statement // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2019. № 4 (52). P. 70-75.
Soloviev I.N. Humanization of legislation providing for liability for economic crimes as a «soft» amnesty in the economic sphere // Russian investigator. 2014. № 13. P. 35-41.
Ulezko A.Yu. Criminal liability for preventing, limiting or eliminating competition: abstract dissertation. ... Ph.D. - Rostov-on-Don, 2004. - 22 p.
Khakulov M.Kh. Crimes infringing on the freedom and fairness of competition in the field of entrepreneurial activity: Author's abstract. dis. ... Dr. jurid. sciences. - M., 2009. - 38 p.
Christine Parker Economic Rationalities of Governance and Ambiguity in the Criminalization of Cartels // The British Journal of Criminology, Volume 52, Issue 5, September 2012. P. 974-996.
Fiona Haines, Caron Beaton-Wells Ambiguities in Criminalizing Cartels: A Political Economy // The British Journal of Criminology, Volume 52, Issue 5, September 2012. P. 953-973.
Timur Ergen and Sebastian Kohl Rival views of economic competition // Socio-Economic Review. 2020. Vol. 0. № 0. P. 1-29.
Volzhenkin B.V. Crimes in the field of economic activity under the Criminal Law of Russia. - SPb .: Jurid. Center Press, 2007. - 765 p.
Gravina A.A. Humanization of criminal legislation and its role in the prevention of crimes in the field of entrepreneurial activity // Journal of Russian law. 2019. № 8. P. 85-95.
Zhabaginov R.A. Criminal liability for restricting competition: diss. ... Ph.D. - M., 2021. - 202 p.
Zhilkin M.G. Differentiation of criminal responsibility for crimes in the field of entrepreneurial activity: problems of theory and practice: diss. ... Dr. jurid. sciences. - M., 2019. - 402 p.
Lopashenko N.A. Questions of qualification of crimes in the sphere of economic activity. - Saratov: Publishing house Sarat. University, 1997. - 184 p.
Maksimov S.V., Utarov K.A. Competition Criminal Policy: Objectives and Opportunities. Monograph / Ed. V.P. Zavarukhin. - M.: IPRAN RAN, 2018. - 80 p.
Petrov S.V., Chernykh E.E. Criminal-legal and criminological aspects of counteraction to organized forms of criminal encroachments on competitive relations in the sphere of economics: monograph. - N. Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2016. - 124 p.
Pinkevich T.V. Features of the causal complex of economic crime (on the example of the relationship of cyclical processes in the economy and economic crime) // Causes of economic crime: identification, training, counteraction: materials of the interuniversity interdepartmental scientific and practical round table on the discussion of the textbook by I.M. Matskevich «Causes of Economic Crime», May 26, 2017. - M.: Prospect, 2017. P. 228-230.
Pinkevich T.V. Countering crimes committed in the field of competition: problem statement // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. 2019. № 4 (52). P. 70-75.
Soloviev I.N. Humanization of legislation providing for liability for economic crimes as a «soft» amnesty in the economic sphere // Russian investigator. 2014. № 13. P. 35-41.
Ulezko A.Yu. Criminal liability for preventing, limiting or eliminating competition: abstract dissertation. ... Ph.D. - Rostov-on-Don, 2004. - 22 p.
Khakulov M.Kh. Crimes infringing on the freedom and fairness of competition in the field of entrepreneurial activity: Author's abstract. dis. ... Dr. jurid. sciences. - M., 2009. - 38 p.
Christine Parker Economic Rationalities of Governance and Ambiguity in the Criminalization of Cartels // The British Journal of Criminology, Volume 52, Issue 5, September 2012. P. 974-996.
Fiona Haines, Caron Beaton-Wells Ambiguities in Criminalizing Cartels: A Political Economy // The British Journal of Criminology, Volume 52, Issue 5, September 2012. P. 953-973.
Timur Ergen and Sebastian Kohl Rival views of economic competition // Socio-Economic Review. 2020. Vol. 0. № 0. P. 1-29.
Keywords:
competition, economic crimes, object of the crime, latency of crimes, criminogenic signs, restriction of competition.
Related Articles
Pages: 23-27 Issue №8496
DEVELOPMENT TRENDS AND INNOVATIVE PRACTICES OF FORMING AN ECOSYSTEM OF KEY COMPETENCIES OF MANUFACTURING CORPORATE SYSTEM TO ENTER A GLOBAL COMPETITION
State Corporation "rostec"
innovation
competence
trends
ecosystem
Show more
12. FINANCE, CASH CIRCULATION AND CREDIT, ACCOUNTING, FINANCIAL AND ECONOMIC FORECASTING Pages: 150-152 Issue №4641
Problems of development of the Russian insurance market in terms modernization financial relations
insurance market
competition
globalization
development
institutional mechanism
Show more
12. EMPLOYMENT LAW; RIGHT TO SOCIAL SECURITY 12.00.05 Pages: 275-279 Issue №19146
ISSUES RELATED TO NEWS IN LABOR LEGISLATION ON REGULATION OF LABOR OF FOREIGN EMPLOYEES IN THE RUSSIAN FEDERATION, FRANCE, PRC AND UAE
labor migration
rights
law
contradictions
competition
Show more
14. INNOVATION AND INVESTMENT MANAGEMENT Pages: 151-156 Issue №5518
FACTORS AND CONDITIONS OF FORMATION OF THE COMPETITIVE POTENTIAL OF INNOVATIVE BUSINESS STRUCTURES
competition
competitiveness
competitive potential
entrepreneurship
business structure
Show more
8. Criminal procedure Pages: 183-186 Issue №8046
ADVERSARIAL OF PRETRAIL PROCEEDINDS IN THE DOCTRINAL MODEL OF THE LAW OF EVIDENCE OF THE RUSSIAN FEDERATION
theory of evidence
law of evidence
competition
doctrinal model of the law of evidence
Show more
9. CIVIL LAW BUSINESS LAW FAMILY LAW; PRIVATE INTERNATIONAL LAW Pages: 243-247 Issue №18204
Lease of municipal property: problems of legal regulation and practice
lease
contract
competition
auction
local government
Show more
MANAGEMENT Pages: 244-249 Issue №21610
Marketing Tools for the Promotion of Independent Accounting Companies and their Brands: Features and Prospects of Use
marketing
modern economy
competition
branding in the field of accounting services
business
Show more
7. Criminal; Criminal enforcement law Pages: 141-145 Issue №9149
OPPORTUNITIES AND IMPERATIVES OF OSVOBORZHDENIJA FROM CRIMINAL LIABILITY
exemption from criminal liability
active repentance
a judicial fine
parole
economic crimes
Show more
4. CRIMINAL LAW (5.1.4.) Pages: 229-232 DOI: 10.33693/2072-3164-2022-15-7-229-232 Issue №22457
Practical Features of the Qualification of Acts Aimed at Non-Execution of a Court Verdict, Court Decision or Other Judicial Act
malice
competition
legality
justice
sentence
Show more
7. Criminal law, Criminal enforcement law, Criminology Pages: 166-170 Issue №8046
Category "competition" and "alternative" in the criminal law
competition
alternative
comparative law
qualification of crimes
the honors categories of competition from alternatives
Show more