Prevention of Violations of Mandatory Requirements by Antimonopoly Authorities

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription or Fee Access


The reform of control and supervisory activities of business entities, which has been going on for several years, is aimed at increasing the level of security and eliminating excessive administrative burden. At the same time, one of the fundamental principles formulated in modern management science states that prevention is more important than enforcement. In such circumstances, it is crucial to achieve the goals of the ongoing reform of control and supervision activities, such as the reorientation of control (supervisory) bodies from the detection and suppression of offenses to their prevention. The implementation of this direction is conducted through the introduction in various areas of a set of measures aimed at preventing violations of mandatory requirements. The purpose of the study is to systematize the forms and methods used by antimonopoly units to prevent violations. The methods include formal-legal, formal-logical, interpretation of law, as well as general scientific methods.

According to the results of the study, the author concludes that the implementation of various forms and methods of state control directly aimed at preventing violations of mandatory requirements, such as preventive measures, administrative prevention measures, and preliminary control, plays an increasingly important role in the activities of antimonopoly authorities. The author has formulated proposals for improving the legal regulation and practice of preventing violations of mandatory antitrust laws by the antimonopoly authorities.

Full Text

Restricted Access

About the authors

Pavel P. Kabytov

Institute of Legislation and Comparative Law under the Government of the Russian Federation

Author for correspondence.

research fellow

Russian Federation, Moscow


  1. Kabytov PP. Administrativno-pravovoe regulirovanie kontraktnoj sistemy v sfere zakupok tovarov, rabot, uslug dlya obespecheniya gosudarstvennyh i municipal'nyh nuzhd: dis. ... kand. yurid. nauk. Moscow, 2021. 208 p. (In Russ.).
  2. Zyryanov SM, Kalmykova AV. Podhody k ocenke effektivnosti deyatel'nosti kontrol'no-nadzornyh organov po preduprezhdeniyu narushenij obyazatel'nyh trebovanij. Voprosy gosudarstvennogo i municipal'nogo upravleniya. 2019;(3):31–66. (In Russ.).
  3. Seregina VV. Gosudarstvennoe prinuzhdenie po sovetskomu pravu. Voronezh: Izd-vo Voronezhskogo un-ta, 1991. 120 p.
  4. Bashlakov-Nikolaev IV. O vozmozhnosti vvedeniya instituta preduprezhdeniya o nedopustimosti narusheniya zakonodatel'stva o gosudarstvennom oboronnom zakaze. Oboronno-promyshlennyj kompleks: voprosy prava. 2019;(2):11–15. (In Russ.).

Copyright (c) 2021 Kabytov P.P.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies