Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


For citation:

Kasaeva T. G. Antimonopoly Compliance in Russia. Journal Izvestiya of Saratov University. Economics. Management. Law, 2019, vol. 19, iss. 4, pp. 436-441. DOI: 10.18500/1994-2540-2019-19-4-436-441

This is an open access article distributed under the terms of Creative Commons Attribution 4.0 International License (CC-BY 4.0).
Full text PDF(Ru):
Language: 
Russian
Heading: 
Article type: 
Article
UDC: 
340

Antimonopoly Compliance in Russia

Autors: 
Kasaeva Tamara G., Saratov State University
Abstract: 

Introduction. The article deals with topical issues of universal introduction of antimonopoly compliance as one of the ways of law enforcement and law and order in the country. The author of the research relies on the analysis of various normative legal acts in the field of antimonopoly regulation and development of competition. Theoretical analysis. The author claims that emergence of the problems in the field of competition on the Russian market was caused by the heritage of the Soviet command economy and subsequent stagnation of economic activity. The analysis of key problems in the field of antimonopoly regulation and development of competition is carried out within the search for the mechanism of improvement of this management sphere. This includes creation and organization of a system by federal organs of the executive authorities to ensure the compliance with requirements of the antitrust law. Empirical analysis. The article is aimed at logical and systematic description of pluses and minuses of antimonopoly compliance both from the point of view of theorists and practitioners of law, and in terms of balance of interests of business and authorities for the sake of prosperity of society. Results. In the developing conditions of national economy, antimonopoly compliance will gain value of one of the most effective mechanisms of realization of public policy in the field of providing law and order and legality. Coordination of actions of executive authorities of all levels, business and society within creation and organization of the system, that will ensure compliance with the requirements of antitrust law, will be a guarantee of the successful future of our country.

Reference: 
  1. The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended of 30.12.2008 no. 6-FKZ, of 30.12.2008 no. 7-FKZ, of 05.02.2014 no. 2-FKZ, of 21.07.2014 no. 11-FKZ). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398 (in Russian).
  2. About protection of the competition. Federal Law of 26.07.2006 no. 135-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2006, no. 31 (pt. 1), art. 3434 (in Russian).
  3. About a contract system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs. Federal Law of 05.04.2013 no. 44-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2013, no. 14, art. 1652 (in Russian).
  4. About the state defense order. Federal Law of 29.12.2012 no. 275-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2012, no. 53 (pt. 1), art. 7600 (in Russian).
  5. About a procedure of foreign investments into the economic societies having a strategic importance for ensuring defense of the country and safety of the state. Federal Law of 29.04.2008 no. 57-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2008, no. 18, art. 1940 (in Russian).
  6. About advertising. Federal Law of 13.03.2006 no. 38-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2006, no. 12, art. 1232 (in Russian).
  7. About bases of state regulation of trade activity in the Russian Federation. Federal Law of 28.12.2009 no. 381- FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2010, no. 1, art. 2 (in Russian).
  8. About the adoption of the Provision on the Federal antimonopoly service. Resolution of the Government of the Russian Federation of 30.06.2004 no. 331. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2004, no. 31, art. 3259 (in Russian).
  9. V 2006 godu bylo provedeno rassledovanie korruptsionnykh prestupleniy i dvoinoi bukhgalterii kompanii Siemens, top-menedzhery kotoroi davali vzyatki radi polucheniya ekskliuzivnykh zakazov, v tom chisle i ot gosudarstvennykh organov v ryade evropeiskikh stran, v tom chisle i v Rossii (In 2006 investigation of corruption crimes and double-entry bookkeeping of the Siemens company which top managers bribed for the sake of obtaining exclusive orders including from public authorities in a number of the European countries including in Russia was made). Available at: http://www.complianceblog.ru/?tag=история-комплаенс (accessed 20 February 2019) (in Russian).
  10. About anti-corruption. Federal Law of 25.12.2008 no. 273-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2008, no. 52 (pt. 1), art. 6228 (in Russian).
  11. About the approval of methodical recommendations about creation and the organization by federal organs of the executive authority of a system of internal ensuring compliance to requirements of the antitrust law. Order of the Government of the Russian Federation of 18.10.2018 no. 2258-r. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2018, no. 44, art. 6777 (in Russian).
  12. About the main directions of public policy on competition development (together with the National development plan for the competition in the Russian Federation for 2018–2020). Presidential decree of the Russian Federation of 21.12.2017 no. 618. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2017, no. 52 (pt. 1), art. 8111 (in Russian).
  13. About the statement of a method of calculation of key performance indicators of functioning in federal organ of the executive authority of an antimonopoly complains. Order of FAS Russia of 05.02.2019 no. 133/19. Available at: http://fas.gov.ru/documents/682820 (accessed February 2019) (in Russian).
  14. Russian Federation Code of Administrative Offences. Federal Law of 30.12.2001 no. 195-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2002, no. 1 (pt. 1), art. 1 (in Russian).
  15. Sokolovskaya E. Antimonopol’nyi komplaens (Antimonopoly compliance). Available at: https://www.pgplaw.ru/ (accessed 7 February 2019) (in Russian).
Received: 
22.08.2019
Accepted: 
25.09.2019