符合反垄断规定的减轻行政责任的情形

IF 0.1 Q4 LAW
A. Y. Kinev
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引用次数: 0

摘要

该条涉及行政合规;笔者在减轻行政责任的情况下研究这一问题。评估了法律法规和标准的来源在形成内部遵守反垄断立法要求的制度及其实施实践中的作用。在撰写本文时,笔者从联邦反垄断局行政权力和侵权权力的行使两个方面考察了联邦反垄断局管辖范围内某些问题的内容。对其内容进行了分析;确定了具有实际重要性的问题,包括评估行政遵守情况。笔者运用了系统分析法、辩证法、逻辑法、比较法、分析综合法、归纳演绎法。得到以下结果:减轻行政责任创造了有形的法律激励,同时不限制行政处罚的有效性,并使经济实体有机会投资于合规制度的实施,以改进其。反垄断合规可以排除主体的责任,但前提是主体实施了一切防止侵权的措施;-反垄断遵守制度的组织应有助于提高经济实体活动的效率和成功,但以采用面向风险的办法为代价。反垄断合规的引入有助于提高经济实体活动的合法性水平和成功程度,在未来,反垄断合规将成为实施国家政策以确保法律、秩序和合法性的最有效机制之一,但其应用的有效性只能随着时间的推移而得到全面评估;-始终需要遵守反垄断规定,因为管理决策是在评估其对竞争影响的棱镜下进行的。也有一个模拟的后果,不包括违反立法,即。主体已经在约定的反垄断政策框架内行为;-通过反垄断合规法并不意味着其充分发挥作用。它的通过之后是其实施的一系列要素,体现在方法学建议中(制定风险图和行动计划,以减少违反反垄断立法的行为,以及该系统的几个其他组成部分)。作者声明没有利益冲突。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Antimonopoly compliance as a circumstance which mitigates administrative responsibility
The article deals with administrative compliance; the author studies this issue in circumstances which mitigate administrative responsibility. An assessment of the role of sources of legal regulation and standards mediating the formation of a system of internal compliance with the requirements of antimonopoly legislation and the practice of its implementation is given. When writing the article, the author examined the content of certain issues under the jurisdiction of the Federal Antimonopoly Service in terms of implementing its administrative and tort powers. An analysis of their content is carried out; the problems of practical importance, including an assessment of administrative compliance, are identified. The author used the following methods: system analysis, dialectical, logical, comparative, analysis and synthesis, induction and deduction. The following results were got: - mitigation of administrative liability creates a tangible legal incentive, while not restricting the effectiveness of administrative punishment, and an economic entity is given the opportunity to invest in the implementation of the compliance system for its improvement. The antimonopoly compliance can exclude the liability of the subject, provided that it implements all measures to prevent a violation; - organization of the antimonopoly compliance system should contribute to improving the efficiency and success of the activities of an economic entity at the expense of introducing a risk-oriented approach. The introduction of antimonopoly compliance can contribute to the increasing of the level of legality and success of the activities of an economic entity, and in the future antimonopoly compliance will be one of the most effective mechanisms for implementing state policy in ensuring law and order and legality, but a full assessment of the effectiveness of its application can be given only over time; - antimonopoly compliance will always be in demand, since management decision-making is carried out in the prism of assessing their impact on competition. There is also a simulation of the consequences, excluding violations of legislation,i.e. the subject acts already within the framework of the agreed antimonopoly policy; - adoption of the act on antimonopoly compliance does not mean its full functioning. Its adoption is followed by a whole range of elements of its implementation, enshrined in methodological recommendations (development of a risk map and of an action plan to reduce violations of antimonopoly legislation, as well as several other constituent parts of the system). The author declares no conflicts of interests.
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