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Уголовная ответственность за ограничение конкуренции: проблемы и перспективы
Аннотация. The author reviews current status of criminal liability for competition-restricting agreements under Russian criminal legislation. The review begins with discussion of elements of this corpus delicti under Russian criminal law. The author explains that even though there are many cases of competition-restricting agreements tried by antimonopoly state body each year, there are no criminal convictions because of strict substantive provisions of the criminal legislation. The prosecution should prove much more elements of corpus delicti related to consequences of competition-restricting agreements, the dolus, and the person who shall bear the responsibility. The most problematic points here are requirement of real consequences of competition-restricting agreements (although in the antimonopoly law the prohibition is so called prohibition per se) and transfer from level of a corporation (who shall bear the liability under the antimonopoly law) to criminal liability of natural person inside this corporation. The last part of article is concerned with draft law proposed by the Russian Federal Antimonopoly Service regarding amendments the criminal legislation here. The author criticizes the approaches to formulating corpus delicti in this draft law for several reasons. The main reason is unacceptable simplification of corpus delicti elements to a blanket violation of antimonopoly legislation. In this case, there will be serious procedural and substantive problems and collisions in law enforcement. Finally, the topic of proposed punishment is analyzed with conclusion that proposed harsh punishments will not be enforceable in practice.