Проблемы привлечения субъектов предпринимательской деятельности к административной ответственности в России
The Code of Administrative Offences has been applied in Russia for more than 10 years. The article provides an overview of its applications in terms of bringing businesses to the administrative responsibility. To detect problems data survey is used. The article also contains proposals to change the law to address the problems identified.
The paper is aimed at assessing the regulatory impact of the new trade law (2009). A standardized data survey is used for revealing market sellers that may gain from the introduction of the trade law. 512 filled questionnaires were collected from the managers of chain stores and their suppliers in fi ve big cities of Russia in November-December 2010. Federal Anti-Trust Service statistics is used to examine the scale and dynamic of regulatory impact on the trade law enforcement. The author concludes that the initial effects of the trade law do not correspond to the declared goals. At the same time, the market sellers confront with the additional transaction costs of administrative control, prosecutions and fi nes due to the extended prerogatives of the anti-trust authorities.
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.
In the present article the author gives consideration to the issues of extraterritoriality of performance of norms of administrative responsibility for breach of anti-monopoly legislation.
Anti-monopoly legislation, ADMINISTRATIVE responsibility, Extraterritoriality, code, international, антимонопольное законодательство, Административная ответственность, экстерриториальность, кодекс, международный
The collection includes materials submitted by Russian and foreign participants I all-Russian scientific and practical conference " New milestones in the development of administrative and administrative procedure law", held on April 11, 2019 at the faculty of law National research University "Higher school of Economics". Basic scientific the problem discussed at the conference is the current state and development of administrative rights. The meeting discussed topical issues of the development of administrative law: modern processes of public administration; improvement of the basics of control and supervision and licensing activities in the Russian Federation; development of administrative and tort legislation and practical issues of its application; formation of administrative process, administrative proceedings and administrative procedural legislation. The reports and presentations reflected different views of scientists and practitioners on improvement of administrative law and process. The publication is addressed to practicing lawyers, legal scholars, graduate students, undergraduates, students of law schools and all who are interested in the stated problems.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
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
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/