Open AccessLeniency programmesfor cartel: mature reforms
Author(s) -
K. N. Aleshin,
С. В. Максимов
Publication year - 2018
Publication title -
rossijskoe konkurentnoe pravo i èkonomika
Language(s) - English
Resource type - Journals
ISSN - 2542-0259
DOI - 10.32686/2542-0259-2018-4-24-33
Subject(s) - criminal code , law , commit , political science , cartel , legislature , criminal law , russian federation , contradiction , business , collusion , database , industrial organization , computer science , economic policy , philosophy , epistemology
The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The denition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.