The Term “Unfair competition” from the Position of Private and Public Legal Relations

The existing regulatory definition of unfair competition in Russian legislation, enshrined in the Law on Protection of Competition, in practical implementation should be interpreted taking into account the current norms of national antimonopoly legislation. The analyzed scope of competence of the Russian antimonopoly authority, represented by the current antimonopoly service, indicates that this subject of law reacts to the identified cases of unfair competition, only in the form of the implementation of state authority. The Antimonopoly Service, wedging itself into the sphere of often-legal relations, simply does not take into account the will of an economic entity that has been or may be harmed and (or) harm its business reputation. In addition, the study found that the legal theory does not fully regulate the legal significance, role and economically justified aisles of state intervention in the regulation of relations arising from the manifestation of facts of unfair competition. The conclusion is given about the prevailing public relations actually existing in the sphere under study, in the implementation of which, private law forms of dispute resolution are often the result of the emergence of public legal relations, the mandatory party of which is the antimonopoly authority representing the interests of the state. The results of the study make a conclusion that allows us to make a proposal to the current antimonopoly legislation and eliminate the existing contradiction of the concept of “unfair competition” with the actual legal relations arising, according to the facts, between business entities and state bodies, thereby leveling to identify a legal conflict between civil law relations and the implemented administrative and criminal liability provided for by Russian legislation in the area in question.