On the Relationship Between Constitutional Provisions on the Protection of Competition and Constitutional Norms on the Human Rights
- Authors: Tenishev A.P.1, Khaziev S.N.2
-
Affiliations:
- Russian Presidential Academy of National Economy and Public Administration
- Russian Federal Centre of Forensic Science of the Ministry of Justice of Russia
- Issue: Vol 15, No 5 (2022)
- Pages: 228-235
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531706
- ID: 531706
Cite item
Open Access
Access granted
Abstract
The issues of the relationship between the provisions of the Constitution of the Russian Federation on the protection and support of competition and constitutional norms on the rights of citizens who are participants in economic relations are considered. The existing contradictions related to the imperfection and inconsistency of some norms of the legislation on protection of competition and the norms governing the procedure for antimonopoly investigation and proceedings in cases of administrative offenses, as well as the procedure for investigating crimes related to infringement on freedom of competition within the framework of domestic criminal law and criminal procedural law are identified and described.
Full Text
About the authors
Andrey Petrovich Tenishev
Russian Presidential Academy of National Economy and Public Administration
Email: a.tenisheff@gmail.com
Cand.Sci.(Law), Head of the Competition Law Department Moscow, Russian Federation
Shamil Nikolaevich Khaziev
Russian Federal Centre of Forensic Science of the Ministry of Justice of Russia
Email: khaziev2@rambler.ru
Dr.Sci.(Law), Associate Professor, Chief Researcher Moscow, Russian Federation
References
- Aleshin K.N., Maksimov S.V. Voluntary notification of the conclusion of the cartel: overdue reforms // Russian competition law and economics. 2018. No. 4 (16). Pp. 24-33.
- Bashlakov-Nikolaev I.V. On the need to prevent objective imputation when resolving issues of responsibility for collective dominance // Laws of Russia: experience, analysis, practice. 2020. No. 2. Pp. 64-74.
- Bashlakov-Nikolaev I.V., Maksimov S.V. Collective dominance: is it possible for an individual to abuse the dominant position of a "collective" of dominants? // Competition law. 2020. No. 2. Pp. 13-17;
- Bashlakov-Nikolaev I.V., Maksimov S.V. The phenomenon of collective dominance as the antipode of the cartel: the results of a critical analysis of the Russian and European approaches // Journal of Russian Law. 2021. No. 4. Pp. 83-91.
- Gabov A.V. Competition as a legal value // Competition in a market economy: limits of freedom and restrictions: monograph / A.V. Gabov, E.E. Nikitina, S.A. Sinitsyn et al.M., 2016
- Daurova T. Unfair competition: the evolution of the concept // Competition and law. 2016. No. 4. Pp. 44-50.
- Sukhorukov A.S. Constitutional and legal regulation of competition in the Russian Federation. Dis. … cand. legal Sciences. Yekaterinburg, 2010.
- Khabrieva T.Ya. Constitutional and legal foundations of competition in the Russian Federation // Journal of Russian Law. 2017. No. 1 (241). Pp. 5-15.
- Chernysh A.V. Antimonopoly investigations in the European Court, human rights and the European Court of Human Rights // Actual problems of Russian Law. 2014. No. 8 (45). Pp. 1778-1784.
Supplementary files
