RESTRICTION OF MONOPOLIES IN THE COMMODITY MARKET IN THE LIGHT OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

The purpose of this article is to substantiate the principles that must meet competition, from the standpoint of interpretation by the Constitutional Court of the Russian Federation of the provision on the prohibition of economic activities aimed at monopolization and unfair competition. Legal regulation and enforcement in the sphere of commodity markets should be guided by the balance of public and private interests, preventing the occurrence of negative social and economic consequences due to violation of antitrust legislation. Methodology. The article widely uses as empirical material the legal positions of the Constitutional Court of the Russian Federation concerning the restriction of monopoly and unfair competition, as well as doctrinal legal studies in this area. Normative legal acts are analyzed using the method of legal argumentation. Summary. Necessity of definition of criteria of efficiency of satisfaction by subjects of natural monopolies of demand in the corresponding commodity market is proved. It is proposed to define the term «public interest» at the legislative level. Value. The value of the study is seen in the proposals formulated by the author to improve the legislation restricting monopolies, focusing on the values expressed in the legal positions of the Constitutional Court of the Russian Federation.

monopoly, competition, antitrust, restriction, commodity markets