欧亚经济联盟国家反竞争协议刑事责任依据的立法规制

A. V. Teslenko
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引用次数: 0

摘要

自2015年1月1日起,欧亚经济共同体将由欧亚经济联盟取代,欧亚经济联盟目前包括俄罗斯联邦、白俄罗斯共和国、哈萨克斯坦共和国、亚美尼亚共和国和吉尔吉斯共和国。在建立区域经济一体化国际组织时,签署《欧亚经济联盟条约》的各方在协定文本中指出,希望加强欧亚经济联盟成员国的经济,确保其和谐发展和融合,并保证商业活动的可持续增长、平衡贸易和公平竞争。此外,《条约》第1条第1部分指出,在欧洲联盟的框架内,货物、服务、资本和劳动力的流动自由,在经济各部门执行协调、商定或统一的政策得到保证。鉴于上述情况,似乎很有希望深入研究这些国家最严重违反反竞争协议的行为之一的刑事责任措施制度。本文从各种限制竞争协议的刑事责任依据立法规制的角度,对欧亚经济联盟成员国的立法进行了比较分析。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legislative Regulation of the Grounds of Criminal Liability for Anti-Competitive Agreements in the Countries of the Eurasian Economic Union
From January 1, 2015, the Eurasian Economic Community, which existed since 2001, is being replaced by the Eurasian Economic Union, which currently includes the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Armenia and the Kyrgyz Republic.When establishing an international organization for regional economic integration, the parties that signed the Treaty on the Eurasian Economic Union noted in the text of the agreement the desire to strengthen the economies of the member states of the Eurasian Economic Union and ensure their harmonious development and convergence, as well as guaranteeing sustainable growth in business activity, balanced trade and fair competition. Moreover, in part 1 of Article 1 of the Treaty it is noted that within the framework of the Union, the freedom of movement of goods, services, capital and labor, the conduct of a coordinated, agreed or unified policy in the sectors of the economy, is ensured.In view of the foregoing, it seems very promising to study in depth the system of measures of criminal liability for one of the most serious infringements on competition anti-competitive agreements in these countries.The article presents the results of a comparative analysis of the legislation of the EAEU member states in terms of the legislative regulation of the grounds for criminal liability for various agreements restricting competition.
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