Russian competition law and economy最新文献

{"title":"New Year's Address of the Head of the Federal Antimonopoly Service M. A. Shaskolsky to Readers, Authors and Members of the Editorial Board of the Journal \"Russian Competition Law and Economу","authors":"M. A. Shaskolsky","doi":"10.47361/2542-0259-2022-4-32-6-7","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-4-32-6-7","url":null,"abstract":"<jats:p>.</jats:p>","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126302439","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}

{"title":"Actual Positions of the Collegial Bodies of the FAS Russia on the Application of Antimonopoly Legislation in Cases of Unfair Competition (on the Example of Cases of the II Quarter of 2022)","authors":"O. A. Moskvitin","doi":"10.47361/2542-0259-2022-3-31-96-105","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-3-31-96-105","url":null,"abstract":"This article reveals the modern attitudes of the Federal Antimonopoly Service applied by the agency when considering cases of violation of antimonopoly legislation in cases of unfair competition.The attitudes of the FAS Russia often play a significant role both for territorial agency (OFAS) and for courts in cases of violation of antimonopoly legislation. The cases considered by the Collegial Bodies of the FAS Russia are essential for the development of antimonopoly law enforcement practice and maintaining its consistency.In order to more fully and practically disclose the current positions of the FAS Russia on various issues of antimonopoly enforcement, the article will consider some examples of cases considered by the agency in the 2nd quarter of 2022.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115282608","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}

{"title":"Contract as Purchasing Process Control Tool","authors":"A. Geller","doi":"10.47361/2542-0259-2022-3-31-72-79","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-3-31-72-79","url":null,"abstract":"The contract between the state customer and the contractor (supplier) is considered in the article, on the one hand, as a stage of making a management decision in the procurement process, and on the other hand, as an element of its control mechanism. The author structures the reasons for non-fulfillment of the contract, the costs associated with its implementation, considers its role and main features. A detailed study of the parameters of the types of purchases identified on the basis of the author’s classification allowed to justify the need for an individual approach to contract development in a number of them. For this purpose, the author has developed and presented in the article an algorithm for determining the need for an individual approach to the development of a state contract, the justification of the importance of the stage of concluding a contract in the process of procurement control by the customer is given. The approach proposed in the article to the organization of customer control is necessary for effective procurement management and is aimed at reducing risks and the number of terminated contracts.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115133592","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}

{"title":"Review of Court Cases Involving Antimonopoly Authority for the III Quarter of 2022","authors":"L. В. Vovkivskaya, E. V. Savostina","doi":"10.47361/2542-0259-2022-3-31-106-110","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-3-31-106-110","url":null,"abstract":"Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly legislation in terms of consideration of issues: antimonopoly control over the sale of property in bankruptcy proceedings, restrictions on retail chains in the acquisition, lease of additional areas of retail facilities, imposition of unfavorable terms of the contract.Purpose: formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124603388","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}

{"title":"The Mechanism of “Smoothing” Cross-Subsidization Between the Subjects of the Russian Federation as the Basis of the Concept of Creating Unified Energy Zones in the Russian Federation","authors":"M. N. Palyanov","doi":"10.47361/2542-0259-2022-3-31-80-87","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-3-31-80-87","url":null,"abstract":"Based on the analysis of the problem of redistribution of cross-subsidization, the article organizationally and economically justifies the need to introduce a mechanism for its “smoothing” between the subjects of the Russian Federation. A critical assessment of the formation of a negative cross-subsidization value is given, contradictions and inconsistencies in the regulatory legal acts of the current legislation are shown, the causes and consequences of uncontrolled growth in cross-subsidization at the regional level and at the level of the national economy are named. The official methodology for calculating the amount of cross-subsidization is described, its diasadvantages are shown. The schedule of bringing the rates of cross-subsidization to an economically reasonable level is proposed, which allows preventing a sharp increase in tariffs for certain categories of consumers and reducing social tension in certain subjects of the Russian Federation. The concept of creating unified energy zones has been developed, the implementation of which implies a three-stage transition to the use of a mechanism for “smoothing” state regulation of prices (tariffs) for electric power transmission services. Based on the conducted research, it is concluded that the formed common economic space allows to reduce cross-subsidization and contributes to increasing investment attractiveness and development of regions with a low level of socio-economic development.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122886956","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}

{"title":"Statutory Improvement of the Institution of Antimonopoly Compliance in the Republic of Kazakhstan","authors":"N. A. Elbaeva, K. Omarov, O. A. Moskvitin, A. A. Aitmurzin","doi":"10.47361/2542-0259-2022-3-31-88-95","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-3-31-88-95","url":null,"abstract":"The article is about to the analysis of the legal foundations of antimonopoly compliance programs of economic entities, the latest changes in the legislation of the Republic of Kazakhstan in the antimonopoly regulation related to antimonopoly compliance. The main purpose of the study is a scientific analysis of the specifics of changes in Kazakhstan’s legislation in 2022. To achieve this goal were studied: the concept of antimonopoly compliance; corresponding changes in the antimonopoly legislation of Kazakhstan in 2022; the practice of implementing antimonopoly compliance in economic activity, — and the main directions of development of antimonopoly compliance in Kazakhstan are formulated and substantiated.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134332854","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}

{"title":"Balance Customer Interests and Competition Protection in Public Procurement","authors":"G. Dobretsov","doi":"10.47361/2542-0259-2022-3-31-58-71","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-3-31-58-71","url":null,"abstract":"The article deals with the actual and important issue of maintaining a balance of interests of the customer, as well as the principles of the contract system in the field of procurement of goods, works, services for state and municipal needs, such as stimulating innovation, procurement efficiency, implying the priority of providing state and municipal needs through the purchase of innova. In practice, it is often judged only by the number of participants in the competitive procedure, often acting as resellers of the same product, which does not allow the customer to actively stimulate innovation. The principle of ensuring competition is one of the principles of the contract system: the contract system in the field of procurement is aimed at creating equal conditions for ensuring competition between participants in procurement. In 2022, significant changes came into force in the law 44-FZ “On the contract system”, including in terms of conducting competitive procurement procedures. The scientific novelty of the work lies in the study of various aspects of maintaining the balance of interests of the customer and protecting competition in procurement activities in the context of changing the legislation. The work uses general scientific research methods: comparison, analysis and the method of expert assessments.The article is aimed at analyzing the balance of interests of the customer, as well as the principles of stimulating innovation, the efficiency of procurement and the principle of ensuring competition and developing recommendations in this area.","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133003532","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}

{"title":"Ideas of a New Model of Public Management of the Russian Economy (Institutional and Legal Aspects)","authors":"S. Maksimov","doi":"10.47361/2542-0259-2022-3-31-8-21","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-3-31-8-21","url":null,"abstract":"The concepts of “public power”, “model of economy”, “model of economic development”, “model of public management of the economy” are considered, the definition of the concept of the model of public management of the economy is formulated as simplified to the most essential elements of the description of the economic management system using the tools of public power.Such basic elements of the system of public management of the economy as the public apparatus (institutional element) and the system of rules of economic behavior (definitions, prescriptions, permits, restrictions, prohibitions), clothed in the form of normative legal acts (normative element), are identified and described.Attention is drawn to the “cloudy” (uncertain) nature of the existing system of public management of the economy in Russia, due, in particular, to the absence of a register of state and municipal institutions, non-governmental and non-municipal organizations to which certain powers of state authorities or local self-government are delegated (including powers in the field of economics). According to the author, the uncertainty of the boundaries of the public administration system hinders effective control over the exercise of powerin the field of economics, accurate assessment of the real “administrative pressure” on business, reform of the public administration system of the economy.The underestimation of the role of courts as an important part of the system of public management of the economy is noted. The necessity of endowing the Supreme Court of the Russian Federation with the authority to give an interpretation of normative legal acts mandatory for all law enforcement officers, with the exception of issues referred to the competence of the Constitutional Court of the Russian Federation is substantiated.It is concluded that the administrative reform carried out in Russia in 2003—2004 did not ensure the achievement of the goals of increasing the efficiency of public management of the economy. The main reason for this was the disregard of the cultural experience of the country (including the real ethics of power relations), as well as the provisions of the theory of management relating to the criteria of expediency and independence of control. With a threefold decrease in the number of inspections of economic entities conducted by all categories of public control bodies in the period from 2013 to 2021, the number and number of personnel of control and supervisory bodies (including their territorial bodies) remained the same. In order to achieve the goals of optimizing the control and supervisory system, it is proposed to assess the feasibility of forming a control branch of government subordinate directly to the head of state and the law. A discussion is proposed on the possibility of achieving the goals of optimizing the system of public management of the economy based on the integration of institutions of self-regulation and compliance.The idea of reducing the vol","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134399405","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}

{"title":"Commentary on the Article “Legal Consequences of the Unlawful Provision of State or Municipal Preferences”","authors":"A. V. Teslenko","doi":"10.47361/2542-0259-2022-3-31-28-29","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-3-31-28-29","url":null,"abstract":"<jats:p>.</jats:p>","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"207 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117290484","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}

{"title":"Modern Competition Policy Needs Constant Scientific Support","authors":"S. Maksimov","doi":"10.47361/2542-0259-2022-3-31-6-7","DOIUrl":"https://doi.org/10.47361/2542-0259-2022-3-31-6-7","url":null,"abstract":"<jats:p>.</jats:p>","PeriodicalId":250547,"journal":{"name":"Russian competition law and economy","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115280675","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}