Антиконкурентные должностные преступления как основание уголовной ответственности

Illegal activities of officials of state authorities and local self-government that restrict competition constitute a socially dangerous act of corruption committed in the economic sphere. One of its forms is the conclusion of anti-competitive agreements by officials of these bodies with business entities, prohibited by antimonopoly law. According to the National Security Strategy, this type of behavior represents a threat to national security, the fight against which is one of the important tasks facing the state. The criminal legal means of combating it, provided for by the Criminal Code of the Russian Federation, are imperfect; they are characterized by problems not only of a theoretical, but also of a practical nature. The article provides an analysis of the existing situation and suggests ways to resolve it. One of them is a proposal to introduce an independent basis for criminal liability for agreements restricting competition between officials and business entities.

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Publication Details

Journal
Demidovskij ûridičeskij žurnal.
Published
2024-12-21
DOI
https://doi.org/10.18255/2949-3439-2024-4-408-417
Primary Topic
Legal and Policy Issues
Type
article
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article

Антиконкурентные должностные преступления как основание уголовной ответственности

Анна Владимировна Даниловская
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Demidovskij ûridičeskij žurnal.
Legal and Policy Issues
article

Антиконкурентные должностные преступления как основание уголовной ответственности

Анна Владимировна Даниловская
article en

Abstract

Illegal activities of officials of state authorities and local self-government that restrict competition constitute a socially dangerous act of corruption committed in the economic sphere. One of its forms is the conclusion of anti-competitive agreements by officials of these bodies with business entities, prohibited by antimonopoly law. According to the National Security Strategy, this type of behavior represents a threat to national security, the fight against which is one of the important tasks facing the state. The criminal legal means of combating it, provided for by the Criminal Code of the Russian Federation, are imperfect; they are characterized by problems not only of a theoretical, but also of a practical nature. The article provides an analysis of the existing situation and suggests ways to resolve it. One of them is a proposal to introduce an independent basis for criminal liability for agreements restricting competition between officials and business entities.

Demidovskij ûridičeskij žurnal.Vol. 14(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 55%
Legal and Policy Issues
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