Ответственность юридических лиц за нарушение правил конкуренции: уголовное преследование и альтернативные способы урегулирования конфликтов (сравнительный аспект)

Abstract

In the article there is an analysis of criminal and criminal prosecution mechanism of legal persons’ liability for the violation of competition rules in some post-Soviet countries (Azerbaijan, Georgia, Kyrgyzstan, Moldova, Estonia).
 With a glance to a comparative evaluation there are features of national approaches established to regulate criminal law and criminal procedural measures applicable to legal persons who have committed acts in the field contrary to honest practices in industrial or commercial matters covered by the criminal branch of law.
 Based on the latest trends in criminalization, the model of criminal liability of legal persons is identified that is known in the world’s practice. Among them there are marked identified model (on the example of Estonia and Kyrgyzstan) and extended identified (based on the legislative approaches of Azerbaijan, Georgia, Moldova) models of corporate criminal liability.
 There are accumulated findings about the specifics of criminal prosecution of legal persons who have committed socially dangerous acts in the sphere of competition, and the possibility of using alternative mechanisms for the settlement of criminal law disputes in the stage of criminal prosecution.
 The conclusion defined is about direct dependence of realization of alternative dispute resolution mechanisms on the approach of the legislator to the legal entity of the Institute of responsibility of legal persons in criminal law.