Признаки основных составов правонарушений в сфере антимонопольного законодательства по кодексу Российской Федерации об административных правонарушениях в деятельности юридических лиц
In the present article, the author has made an effort to summarize objective and subjective essential elements of offences in the sphere of antimonopoly legislation according to the Code of Administrative Offences of the Russian Federation.
Article contains analysis of the decisions of the European Court of Human Rights on freedom of expression, in which the Court had to balance public interest against the protection of commercial structures from unfair competition or injury to their business reputation.
The order of federal antimonopoly body is traditional means of struggle against antimonopoly law infringements. Recently the higher judicial instances (the Constitutional Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation) have taken part in discussion about the legal nature of the order to transfer the illegal income). Why have these bodies paid attention to the problem concerned? How to estimate their decisions on a problem of application of this order? These questions are being discussed by the author in the present article with the use of the judiciary practice and the legal doctrine.
Legal protection from acts of unfair competition requires application of efficient government measures towards offenders. These measures should guarantee private and public interests, and also to promote discontinuation of a violation and restoration of the position of a victim. These legal remedies have their own general features and peculiarities both in France and Russia. Fore example, according to the French law, courts play a key role in application of sanctions. At the same time, France has wide experience of application of civil sanctions imposed for unfair competition which may be of use to domestic public authorities.
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter