Criminalization as an element of criminal law policy in the field of fair competition protection

Abstract

The object of the study is the criminal law policy in the field of protection of fair competition, namely the criminalization of violations of antimonopoly legislation as its element. The subject of the study is normative legal acts providing for the protection of fair competition, legal acts justifying the priority directions of modern criminal law policy in the field of competition protection, principles of criminalization, statistical data of the antimonopoly authority and the Supreme Court of the Russian Federation, as well as scientific research, including dissertations, scientific publications on criminal law policy in general, issues criminalization, general theoretical criminal law phenomena, criminal liability for certain types of crimes. The purpose of the work is to study the criminalization of violations of antimonopoly legislation, taking into account the principles of criminalization developed in science in order to justify the introduction of a criminal law ban on their commission. The research methodology is based on general scientific and private scientific methods: system analysis, logical, comparative, formal dogmatic, historical methods, classification method. The novelty of the study lies in the fact that the analysis of the set of criminalization principles made it possible to establish the validity of criminalization of anticompetitive acts, on the basis of an economic approach, to conclude about the ratio of public danger of types of anticompetitive acts, potentially identical risks that they carry for the economic security of the country; by analyzing the practice of applying criminal law norms in the activities of law enforcement agencies, it was possible to identify the problems of law-making and law enforcement, which had not previously been carried out in the science of criminal law. The findings can be especially useful in legislative, scientific and educational activities. The result of the work is a conclusion about the validity of criminalization of anti–competitive acts, the need to improve the Criminal Code of the Russian Federation, taking into account the prohibitions of a special law - the Federal Law "On Protection of Competition". At the same time, it was concluded that there are problems both in lawmaking and in law enforcement, which requires changing the relevant provisions of the Criminal Code of the Russian Federation in order to increase the effectiveness of countering anti-competitive crimes.