Intersectoral differentiation of responsibility for the commission of acts infringing on fair competition

Abstract

The subject of the study is the issues of intersectoral differentiation of responsibility for encroachments on fair competition (hereinafter also anti–competitive crimes). The article identifies socially dangerous acts that formed a group of anticompetitive crimes and administrative offenses in this area; identifies aspects of the correlation of civil liability with criminal and administrative liability; analyzes the correlation of criminal law norms with administrative in relation to the grounds of responsibility for encroachments on fair competition, sanctions for their commission, rules of exemption from liability. The purpose of the work is to assess the current state, identify problems of intersectoral differentiation of responsibility for encroachments on fair competition, as well as to identify ways to solve them in the light of the adoption of a number of official documents of a strategic nature defining violations of antimonopoly legislation as a threat to economic security and the need to counter them. The research methodology is based on general scientific and private scientific methods, in particular, methods of system analysis, logical, comparative, formal dogmatic methods, the method of legal forecasting and classification. The scientific novelty lies in the study of the correlation of the Criminal Code of the Russian Federation with the Code of Administrative Offenses in order to establish the correspondence of the description of the compositions of anticompetitive crimes to the compositions of administrative offenses encroaching on fair competition and related compositions; determining the importance of civil liability in intersectoral differentiation; in assessing the state of the sanctions mechanism used for crimes and administrative offenses against fair competition, as well as diversified rules of exemption from liability for their commission; in the conclusions of the study of the intersectoral differentiation of responsibility for encroachments on fair competition. The conclusions concern the criminal law policy in the field of fair competition protection, as well as other related areas of government activity, it is necessary to eliminate the identified contradictions in the intersectorial differentiation of responsibility for violation of antimonopoly legislation.