Open AccessThe Interior Appeal of the FAS of Russia: the Role of Legal Positions in the Development of Uniformity of Law Enforcement Practice
Author(s) -
О. А. Moskvitin,
I. P. Bochinin
Publication year - 2019
Publication title -
rossijskoe konkurentnoe pravo i èkonomika
Language(s) - English
Resource type - Journals
ISSN - 2542-0259
DOI - 10.32686/2542-0259-2019-3-78-83
Subject(s) - appeal , law , enforcement , interpretation (philosophy) , competition (biology) , political science , compliance (psychology) , competition law , law enforcement , economics , psychology , computer science , ecology , social psychology , monopoly , market economy , biology , programming language
The article discusses some problems of the formation of a uniform law enforcement practice on the example of specific decisions of the FAS Russia Board of Appeals on issues related to: the application of the rules for the qualification of antitrust violations provided for in part 1 of art. 10 of the Federal Law «On Protection of Competition»; the need to prove the fulfillment of an agreement prohibited by art.16 of the same Law; the exercise of the right of the FAS Russia collegial bodies to refer the matter for a new consideration to the territorial antimonopoly body. It is concluded that the legal positions of the Appeal Board of FAS Russia, being based on the law and applied only in compliance with the law, help to effectively resolve controversial problems of pre-trial Antimonopoly law enforcement and to develop uniform approaches to the interpretation of the rules of competition law.