Procedural Violations of Antimonopoly Legislation (Current Positions of Collegial Bodies of the Federal Antimonopoly Service)

Abstract

The current approaches of the collegial bodies of the Federal Antimonopoly Service to the review of decisions of territorial bodies in cases of procedural violations when considering cases of violations of antimonopoly legislation are considered.The importance of timely prevention and suppression of violations of legislation by authorities (including antimonopoly authorities) performing the functions of government and supervision is substantiated in order to achieve the goals of economic development and maintain a favorable climate in the field of entrepreneurship.The legal positions of the Appellate Board of the FAS Russia play an important role in ensuring that territorial bodies correctly qualify violations of antimonopoly legislation by business entities and comply with the order (procedure) for considering antimonopoly cases.The influence of strict adherence to the procedure for considering antimonopoly cases on the legality of qualifying the relevant offenses is substantiated.An analysis of the positions of the collegial bodies of the FAS of Russia on individual facts of procedural violations committed by territorial bodies when considering cases of violation of antimonopoly legislation was carried out.