Open AccessCompetition as an Object of Criminal Law Protection
Author(s) -
Anna Vladimirovna Danilovskaia
Publication year - 2020
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2020.159.2.075-091
Subject(s) - competition law , competition (biology) , criminal law , political science , law , doctrine , object (grammar) , law enforcement , law and economics , enforcement , economics , monopoly , market economy , computer science , ecology , artificial intelligence , biology
Problems of understanding of criminal law protection of competition repersent a very topical subject for research. There is no uniform opinion in the criminal law doctrine on this point. However, the emergence of a common concept of competition protection could contribute, inter alia, to a more effective response to cartels, which pose a threat to the economic security of the country, other illegal forms of restricting competition. All available ideas of researchers concerning the need for independent criminal law protection of competition can be divided into two categories: 1) some authors differentiate a separate group of crimes agains competition; 2) others include them in a general or specific group of business crimes. The article substantiates the author’s opinion concerning the issues of recognition of competition as an independent object of criminal law protection and the problems arising due to it. The author has tried to find answers to existing in criminal law issues of protection of competition in other areas of knowledge and came to the conclusion that they can be justified by an economic approach to the analysis of concepts of “competition” and related to it both economic and legal processes and phenomena. By studying scientific economic views, the views that have been developed in the science of criminal law can be both confirmed and refuted. In addition, a cross-sectoral legal approach can help to address individual issues. Thus, the science of constitutional, criminal, civil and competition law, as well as law enforcement in these areas have developed and strengthened a number of ideas with regard to the regulation of economic (business) relations and their protection. One of them is based on the good faith of economic actors. An integral part of of activities of such actors is competition. The author concludes that the necessity of criminal law protection of competition is predetermined by the Constitution of the Russian Federation and other normative legal acts, and suggests that we understand fair competitive relations as an object of criminal law protection.