Conceptual Foundations of Criminal Law Protection of Competition

The purpose of the research. The scientific article is aimed at identifying topical problems of the criminal law protection of competition, as well as finding promising ways to solve them. The study was carried out through a critical analysis of the criminal legislation that ensures the protection of economic competition, comparison and assessment of the points of view presented in the doctrine on the problems existing in this area of scientific knowledge. Results. The scientific article highlights the shortcomings of the current legislation providing criminal legal protection of competition. The author points out a clear imbalance in the practice of applying the articles of the criminal law aimed at protecting competition, many of which remain inoperative. According to the author, the elimination of the existing shortcomings is impossible without scientific substantiation of the concept of countering these crimes. Increasing the effectiveness of the norms of the criminal law aimed at counteracting encroachments on competition is associated, first of all, with strengthening the preventive potential of the current legislation. The author pays special attention to the shortcomings and gaps in the legal structure of Art. 178 of the Criminal Code of the Russian Federation. The solutions are proposed to improve the efficiency of the criminal law countering the restriction of competition. Namely: to reduce the provisions provided for in Art. 178 of the Criminal Code of the Russian Federation the amount of damage caused by the act, as well as illegally obtained income; stipulate in art. 178 of the Criminal Code of the Russian Federation, a complete list of ways to restrict competition.

competition, economic crimes, object of the crime, latency of crimes, criminogenic signs, restriction of competition