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Round table "25 years of antitrust regulation in Russia: legal practice and development trends"
September 24, 2015 under the Yenisei political and legal readings round table "Antitrust regulation in Russia 25 years: legal practice and development trends." This roundtable coincided with the celebration in Moscow of the 25th anniversary of the founding of the antitrust authorities. The moderators of the round table were the chief of the Office of the fight against cartels, FAS Russia A.P Tenishev (a graduate of the Law Institute of SFU) and Deputy Head of the Federal Antimonopoly Service of the Krasnoyarsk Territory E.L Luzhbin. The event was attended by about 30 participants, including deputy chairman of the Legislative Assembly of the Krasnoyarsk Territory V.N Sevastyanov, who welcomed all the participants of the roundtable and emphasized the urgency of his subjects in modern conditions of economic development. He continued greeting Andrei Petrovich Tenishev. He held a retrospective analysis of the Russian antimonopoly legislation and paid special attention to the new, fourth, the package of amendments to the Federal Law "On Protection of Competition". Evgeniy Lvovich Luzhbin drew attention to the nature of the public authorities which, in his view, are not only public but also private interests, and these interests are often in conflict. "There are a number of civil relations in which public entities are parties", - stated E.L. Luzhbin. These relationships and in particular the relations associated with the procurement of goods, works and services for state and municipal needs, or relationships connected with the management of state and municipal property, including the lease of real property owned by the state or municipal ownership, lease of natural resources, as well as the relations connected with the creation of state and municipal enterprises and institutions ... conflict of interest raises many violations by the authorities, it becomes a subject of consideration of cases of violation of antitrust laws. Two professors, the main area of research which is crimes in the sphere of economic activity stopped on the issues of qualification of certain violations of antitrust laws under the Criminal Code of the Russian Federation. Thus, the theme of speeches of Doctor of Law, Professor, Head of the Criminal Law of the Kazan Federal University of Maria Vyacheslavovna Talan became criminal responsibility for the restriction of competition. In her speech she highlighted the signs of a crime under Art. 178 of the Criminal Code, encroaching on the foundations of the free market and fair competition. Maria V. analyzed the composition of elements and features of the crime and the practice of application of this norm. Also, the question was raised about the tendency of the implementation of legal policy in the sphere of antitrust laws of foreign countries, revealed the weaknesses of legal technique in describing the actions of economic entities. Maria V. proved the dependence of the effective enforcement in preventing, eliminating or restricting competition by commensurate and adequate ratio of administrative and criminal law and to substantiate the need to strengthen intersectional linkages of antitrust laws. Topic Doctor of Law, Professor, Head of the commercial, business and financial law SFU Law Institute Irina V. Szyszko was: "Is it only from the cartels of the Criminal Code protects competition?". In her speech, Irina V. justifies the possibility of different criminal legal qualification of a number of common violations of the Federal Law "On Protection of Competition". Active participants of the round table were employees of FAS in the Krasnoyarsk Territory. Thus, the leading specialist of the control authorities of the Krasnoyarsk FAS Russia Kostyukevich Ian S. noted that at present the legal regulation of land relations and urban development activities in the city of Krasnoyarsk, in terms of anti-monopoly legislation has many gaps. This is due to the adoption of a new master plan of the city of Krasnoyarsk (decision of the Krasnoyarsk City Council of Deputies from 03.13.2015), as well as the adoption of new Rules of Land Use and Development (PHC) of the city. The address of the Krasnoyarsk FAS Russia began to receive a large number of complaints from entrepreneurs of the city of Krasnoyarsk with the request to check the position of the Master Plan of the city of Krasnoyarsk and Krasnoyarsk PHC for compliance with antitrust legislation, which was the reason for initiating cases of violation of the Federal Law "On Protection of Competition". Since treatment is widespread and systematic, Ian S. offered to work to change the master plan of the city of Krasnoyarsk. Dudareva Marina Alexandrovna, Deputy Head of the control authorities of the Krasnoyarsk FAS Russia, in his speech raised the burning edge of our subject - "Law enforcement practice Krasnoyarsk FAS Russia in the field of forest relations." Krasnoyarsk FAS for several years, carries out the state control over observance of the antimonopoly legislation in the field of forest relations, and it is possible to conclude that competition in the forest industry of the Krasnoyarsk Territory is not! Marina Alexandrovna gave an example, when the actions of anti-competitive agreements concluded at the auction and sale of sham contracts of sale of forest plantations Forestry Agency of the Krasnoyarsk Territory branch of the regional budget caused damage in the amount of not less than 192 million rubles. Konstantin Gorbachev, counselor of the legal work of the legal department of the Governor of the Krasnoyarsk Territory, in his speech reviewed the jurisprudence of contesting the Administration of Krasnoyarsk Krai normative acts of the Antimonopoly Service. The roundtable discussed the problems and trends of anti-monopoly legislation, law enforcement practices antitrust authorities. Recent performances presented teachers of the department of commercial, business and financial law SFU Law Institute Alexander Yatsenko, with the theme "Problems of contract system" and Derevyagina Olga E. - "Qualifying restriction of competition." The round table attended and actively participated in the discussion of business representatives, including - representatives of the Krasnoyarsk regional department of the All-Russian Public Organization of Small and Medium Enterprises "SUPPORT OF RUSSIA". Declared their participation and special guests from Norilsk (Company "Norilsk Nickel") and St. Petersburg with interesting topics of the reports: "Antitrust Compliance" and "fairness, reasonableness and fairness as a criterion of fair competition." Abstracts of these reports will be published. More than five hours of participants with interest discussed the current issues of antitrust laws: editorial criminal law on cartels, the history of antitrust laws in Europe and comparing it with the modern, the illegality of non-compete agreements. Affected and issues of comparative law: antitrust law in Russia and Europe. It was interesting to learn that the first legal acts were adopted not in the US, and Russia. For information on the roundtable website reported SFU (http://law.sfu-kras.ru/news/science-news/konferentsiya-den-4j), FAS Russia (http://fas.gov.ru/fas-news/ fas-news_37030.html), FAS in the Krasnoyarsk Territory (http://krsk.fas.gov.ru/news/13207). In his review Tenishev Andrew said: "This is the first round table on anti-monopoly regulation held in Siberian Federal University. I hope that our cooperation will continue and such events will become a tradition! " |
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