Уголовная ответственность за ограничение и устранение конкуренции

Abstract

The problem of protection of the competitive relations is the most urgent, among economic crimes. Its importance is caused by low level of the competition in the economy that is confirmed by the international estimates, prevalence of violations and a galloping rise in prices. The similar situation damages to citizens and society as a whole. For a solution of the problem at first we defined public danger of acts of restriction of the competition, by means of the principles of criminalization: accounting of importance of the public relations, infliction of harm, prevalence and dynamics of negative acts, and also the principle of definition of possibility of collateral consequences from establishment of a criminal ban. Importance of the public relations in the sphere of the competition is defined by the leading role of economy, as one of the main living conditions of society. Social and economic negative consequences of restriction of the competition: pecuniary losses of society, also industrial and dynamic losses from functioning of monopolistically structures and also in violation of the economic rights of citizens. The principle prevalence and dynamics of the socially dangerous acts is confirmed by quantity of administrative offenses, and also a rise in prices. Possibility of a collateral consequence from establishment of a criminal ban, consists in threat of violation of activity and development of large business and, respectively, losses of their competitiveness in the world market. Further we made the analysis of article 178 of the Criminal Code of the Russian Federation and the reasons of its small efficiency: in the presence of the material consequences and recurrence in case of abuse of a dominant position (abuses more than two times within three years). We suggest to institute criminal proceedings in case repeated administrative offense limiting the competition without material consequences. Also, we suggest to institute criminal proceedings if there is a material consequences without of the sign of recurrence. Besides, it is necessary to establish the open list of acts of limiting the competition.