Improvement of Criminal Legislation on Liability for Monopolistic Activities and Unfair Competition

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Authors: А Н Довлатов
Cited by: 0

Abstract

The article substantiates the need to improve criminal legislation in the field of competition protection, which currently does not fully meet the challenges of the digital economy and the provisions of antimonopoly law. The key problem is the limited criminalization of acts in this area under article 178 of the Criminal Code of the Rus-sian Federation, which does not cover all socially dangerous forms of restriction of competition, such as abuse of a dominant position. The question of the expediency of switching from material to formal structures is debat-ed in order to increase the effectiveness of law enforcement, however, the author defends the preservation of the sign of major damage (large income) to distinguish a crime from an offense. 178 of the Criminal Code of the Russian Federation, criminalize other forms of unfair competition (discrediting, misleading), as well as carry out a systematic consolidation of norms by combining the elements of crimes against intellectual property (art. 146, 147 of the Criminal Code of the Russian Federation) within the framework of a single design and exclud-ing unclaimed art. 1856 of the Criminal Code of the Russian Federation.

Fields of Study & Subjects

Criminal Law and Policy Diverse Legal and Medical Studies Legal and Constitutional Studies

Publication details

Journal / source
Теория и практика общественного развития
Issue
1
Pages
228–232
Publication date
25 February 2026
Language
EN