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Government Policy in the Field of Science: Legal and Financial Aspects 科学领域的政府政策：法律和财务问题
Russian competition law and economy Pub Date : 2024-04-01 DOI: 10.47361/2542-0259-2024-1-37-18-33
N. D. Frolova, T. G. Smirnova
{"title":"Government Policy in the Field of Science: Legal and Financial Aspects","authors":"N. D. Frolova, T. G. Smirnova","doi":"10.47361/2542-0259-2024-1-37-18-33","DOIUrl":"https://doi.org/10.47361/2542-0259-2024-1-37-18-33","url":null,"abstract":"The main regulatory legal acts regulating the management of science in Russia,the transition from predominantly short- and medium-term planning of scientific, technological and technical development to long-term planning are considered. Despite the developed regulation in this area, issues of control over the implementation of decisions made, distribution of responsibility for failure to achieve set goals, and assessment of the effectiveness of the activities of scientific employees have not received proper answers.A comparative study of the financial aspects of state policy in the scientific field was carried out (including the structure of internal costs for R&D, the main indicators of science financing). Trends have been identified in the reduction of both the volume of funding for fundamental research, both in relation to GDP and in absolute terms, taking into account inflation (in constant 2000 prices), and in the number of enterprises involved in the financing and conduct of research and development.It is concluded that the concentration of government efforts on supporting applied research is not effective enough. Given Russia's leading position in the world in terms of the volume of government funding for R&D carried out by the business sector, the latter's share in the total volume of financing of domestic R&D costs has not increased.Hypotheses are formulated about the reasons for the insufficient effectiveness of the state policy of financing science and recommendations for eliminating them","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"38 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140760717","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}
引用次数: 0
The Legal Consequences of Failure to Provide Information at the Request of the Antimonopoly Authority in the Investigation of Anti-Competitive Agreements 在反竞争协议调查中未按反垄断局要求提供信息的法律后果
Russian competition law and economy Pub Date : 2024-04-01 DOI: 10.47361/2542-0259-2024-1-37-52-61
Z. I. Karsanov
{"title":"The Legal Consequences of Failure to Provide Information at the Request of the Antimonopoly Authority in the Investigation of Anti-Competitive Agreements","authors":"Z. I. Karsanov","doi":"10.47361/2542-0259-2024-1-37-52-61","DOIUrl":"https://doi.org/10.47361/2542-0259-2024-1-37-52-61","url":null,"abstract":"The legal consequences of failure to provide information at the request of the antimonopoly authority during the investigation of anti-competitive agreements are considered based on the analysis of the competition and related legislation and relevant law enforcement practice.The law institute of obligation to provide information and administrative liability for failure to provide the requested information are considered.According to the results, it seems advisable to consider the issue of the legislative establishment of the administrative-legal norm on liability for repeated intentional failure to provide information to the antimonopoly authority","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"24 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140766619","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}
引用次数: 0
Unscheduled On-Site Inspections of the Antimonopoly Authority as a Measure to Counter anti-Competitive Agreements (Current Problems) 反垄断局的不定期现场检查作为打击反竞争协议的措施（当前问题）
Russian competition law and economy Pub Date : 2024-04-01 DOI: 10.47361/2542-0259-2024-1-37-44-50
A. A. Isaichik
{"title":"Unscheduled On-Site Inspections of the Antimonopoly Authority as a Measure to Counter anti-Competitive Agreements (Current Problems)","authors":"A. A. Isaichik","doi":"10.47361/2542-0259-2024-1-37-44-50","DOIUrl":"https://doi.org/10.47361/2542-0259-2024-1-37-44-50","url":null,"abstract":"Topical problems of conducting unscheduled field inspections by the antimonopoly body in order to identify anti-competitive agreements, including cartels, were considered.The need to expand the powers of the antimonopoly authority during unscheduled field inspections and increase the amount of the administrative fine for obstructing the implementation of inspections by the antimonopoly authorities is justified","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"379 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140780259","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}
引用次数: 0
Inheritance Contract as the Best Way to Dispose of Property in the Business Sphere in Case of Death 继承合同是死亡时处置商业领域财产的最佳方式
Russian competition law and economy Pub Date : 2023-12-21 DOI: 10.47361/2542-0259-2023-4-36-60-67
J. V. Vorozheikina
{"title":"Inheritance Contract as the Best Way to Dispose of Property in the Business Sphere in Case of Death","authors":"J. V. Vorozheikina","doi":"10.47361/2542-0259-2023-4-36-60-67","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-4-36-60-67","url":null,"abstract":"The paper explores some of the features that relate to the application of the inheritance contract under the current legislation. The civil law nature of the hereditary contract in Russia is considered. The significance and prospects for the conclusion by potential participants of the inheritance contract are determined, when the object of inheritance is the right to participate in commercial organizations. The paper also provides a legal comparison of the new institution with a will. An analogy is also drawn with the concept of a contract as the main category of civil law. Examples from judicial practice are given.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"13 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138951805","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}
引用次数: 0
Enforcement Practice of the Antitrust Provisions of the Trade Law in 2021—2022: Approaches of the Competition Authorities and Precedent Court Decisions 2021-2022 年《贸易法》反垄断条款的执法实践：竞争主管机构的做法和法院的先例判决
Russian competition law and economy Pub Date : 2023-12-21 DOI: 10.47361/2542-0259-2023-4-36-44-51
М. S. Gulenkov, R. R. Salyukov
{"title":"Enforcement Practice of the Antitrust Provisions of the Trade Law in 2021—2022: Approaches of the Competition Authorities and Precedent Court Decisions","authors":"М. S. Gulenkov, R. R. Salyukov","doi":"10.47361/2542-0259-2023-4-36-44-51","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-4-36-44-51","url":null,"abstract":"The article is devoted to the analysis of precedent acts of competition authorities and court decisions made in 2021—2022 in cases of violation of antitrust provisions of the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” of December 28, 2009 № 381-FZ were applied (hereinafter referred to as the Law on Trade) in order to study the developed approaches to the application of relevant legal rules. Based on the results of the analysis, the authors come to the conclusion that, despite the insignificance of the number of cases under consideration on violation of the antimonopoly requirements of Law on Trade, the problem of relations between participants in the markets for wholesale and retail trade in food products remains relevant, and therefore competition authorities and courts continue to improve approaches to the application of relevant legal rules, which seem appropriate to use in further monitoring of their compliance.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"21 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138950330","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}
引用次数: 0
Review on the Monograph by Teslenko Anton Viktorovich “Criminal-punishable Restriction of Competition: Law, Theory, Practice” (M.: Publishing House “Prospekt,” 2023. 272 p.) 评论特斯连科-安东-维克托罗维奇的专著《应受刑事处罚的限制竞争行为：法律、理论、实践"（M.："Prospekt "出版社，2023 年。272 页）。
Russian competition law and economy Pub Date : 2023-12-21 DOI: 10.47361/2542-0259-2023-4-36-88-91
N. A. Lopashenko
{"title":"Review on the Monograph by Teslenko Anton Viktorovich “Criminal-punishable Restriction of Competition: Law, Theory, Practice” (M.: Publishing House “Prospekt,” 2023. 272 p.)","authors":"N. A. Lopashenko","doi":"10.47361/2542-0259-2023-4-36-88-91","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-4-36-88-91","url":null,"abstract":"<jats:p>.</jats:p>","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"90 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138951398","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}
引用次数: 0
Determination of Accounting Conditions for Municipal Solid Waste (Antimonopoly Aspect) 确定城市固体废物的会计条件（反垄断方面）
Russian competition law and economy Pub Date : 2023-12-21 DOI: 10.47361/2542-0259-2023-4-36-68-73
A. N. Rozenta, R. N. Idiatullin, D. Z. Nasretdinova
{"title":"Determination of Accounting Conditions for Municipal Solid Waste (Antimonopoly Aspect)","authors":"A. N. Rozenta, R. N. Idiatullin, D. Z. Nasretdinova","doi":"10.47361/2542-0259-2023-4-36-68-73","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-4-36-68-73","url":null,"abstract":"The article is devoted to the analysis of a number of problematic aspects that arise when determining the conditions for commercial accounting of municipal solid waste (hereinafter referred to as MSW) in contractual relations between regional operators and consumers, through the prism of competition legislation. In particular, based on the practice of antimonopoly authorities, the obstacles that arise for consumers (legal entities and individual entrepreneurs) to independently determine contractual terms are considered and ways to overcome them by amending the current legislation are proposed.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"56 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138949384","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}
引用次数: 0
Approaches to Antitrust Regulation of Entrepreneurial Activities of Digital Platform Owners (Using the Example of Investigations Against Amazon) 数字平台所有者创业活动的反垄断监管方法（以针对亚马逊的调查为例）
Russian competition law and economy Pub Date : 2023-12-21 DOI: 10.47361/2542-0259-2023-4-36-32-43
A. Maslov
{"title":"Approaches to Antitrust Regulation of Entrepreneurial Activities of Digital Platform Owners (Using the Example of Investigations Against Amazon)","authors":"A. Maslov","doi":"10.47361/2542-0259-2023-4-36-32-43","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-4-36-32-43","url":null,"abstract":"Competition authorities around many jurisdictions are taking steps to develop legal approaches to antitrust analysis of economic activities of digital platforms owners. However, when applying these approaches the particular impact is not always effective and leads to positive effects for the competition law enforcement on the relevant commodity markets.The article provides a comprehensive analysis of legal framework of antitrust regulators in some jurisdictions during investigations against transaction digital platform owner called Amazon based on abuse of a dominant position on the relevant commodity markets, as well as the conclusion of anticompetitive agreements.Legal approaches in competition law enforcement for determining market power and product and geographic boundaries of the commodity market where the owner of the digital transaction platform operates are also explored.The article states that the main criteria of the market power of digital transaction platform owner is still a volume of market share.The Article deals with issue of legal interpretation of digital platform owner particular actions on product market from competition law points of view and at the same time evaluates the effectiveness level of remedies have been taken by competition authorities in some jurisdictions.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"64 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138952209","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}
引用次数: 0
“Gray Schemes” for Establishing Foreign Control Over Strategic Business Companies "建立外国对战略商业公司控制的 "灰色计划
Russian competition law and economy Pub Date : 2023-12-21 DOI: 10.47361/2542-0259-2023-4-36-52-59
О. V. Milchakova
{"title":"“Gray Schemes” for Establishing Foreign Control Over Strategic Business Companies","authors":"О. V. Milchakova","doi":"10.47361/2542-0259-2023-4-36-52-59","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-4-36-52-59","url":null,"abstract":" The article discusses current issues of limiting foreign participation in certain sectors of the economy.Based on the analysis of law enforcement and judicial practice, the author identifies various types of “gray schemes” for establishing foreign control over strategic companies, which are proposed to be understood as ways of organizing and implementing a set of transactions and other actions of foreign investors and legal entities and individuals belonging to the same group of persons with them, committed in circumvention of the law and the result of which is the establishment of foreign control over strategic companies, carried out, as a rule, in veiled forms hidden from the state in the person of authorized bodies.In general foreign investors comply with the requirements of Russian legislation, acting in good faith and acquiring assets of Russian companies in compliance with established restrictions and licensing procedures, while the number of legal transactions in the period 2008—2023 significantly exceeds the number of illegal transactions.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"52 26","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138949431","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}
引用次数: 0
On the New Paradigm of State Administration. Commentary on the Article S.V. Maksimov “Institutional System of Public Administration in the Economic Sphere (Basic Concepts, Principles of Construction and Prospects for Reform)” 论国家行政管理的新范式。S.V. Maksimov "经济领域的公共行政体制（基本概念、建设原则和改革前景）"一文评述
Russian competition law and economy Pub Date : 2023-12-20 DOI: 10.47361/2542-0259-2023-4-36-17-19
I. Smotritskaya, S. I. Chernykh
{"title":"On the New Paradigm of State Administration. Commentary on the Article S.V. Maksimov “Institutional System of Public Administration in the Economic Sphere (Basic Concepts, Principles of Construction and Prospects for Reform)”","authors":"I. Smotritskaya, S. I. Chernykh","doi":"10.47361/2542-0259-2023-4-36-17-19","DOIUrl":"https://doi.org/10.47361/2542-0259-2023-4-36-17-19","url":null,"abstract":"<jats:p>.</jats:p>","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"16 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994341","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}
引用次数: 0
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