RESTRICTION OF COMPETITION AS ONE OF THE CRIMES IN THE FIELD OF ECONOMIC ACTIVITY

Countries transitioning to a market economy, especially those belonging to the Commonwealth of Independent States (CIS), place particular emphasis in their criminal legislation on crimes in the field of economic activity, including criminal acts that lead to the emergence of unfair competition in the market.Although the phenomenon of "crimes causing unfair competition" is not explicitly formulated in the criminal legislation of CIS countries, this concept, which is reflected in the legislation of a number of states, including the Republic of Türkiye, determines the scope of unfair competition crimes.In this regard, there arises a necessity to classify a separate chapter on crimes "causing unfair competition" within the chapter on crimes committed in the field of economic activity in criminal legislation and to define the range of crimes belonging to this group.The qualification of the crime of restriction of competition and the analysis of its criminal-law characteristics constitute one of the topical issues of modern criminal law.Accordingly, market entities may incur substantial damage as a result of other competing market participants concluding horizontal and vertical agreements prohibited by law, as well as through the abuse of a dominant position by an economically stronger competitor.From this standpoint, the criminalization of restrictions on competition and monopolistic conduct constitutes one of the key priorities of the criminal legislation of developing countries.This article examines the essence of the concept of "unfair competition," the historical development of this concept as an economic and legal category, the place and criminal-law characteristics of the criminal act of restriction of competition as an act causing unfair competition within criminal legislation, a comparative analysis of criminal acts causing unfair competition in the criminal legislation of a number of countries, as well as deficiencies in the structure of the disposition of the legal norm that defines the act of restriction of competition and proposals related to these deficiencies.In addition, the article addresses the necessity of including a separate chapter on "crimes causing unfair competition" in criminal legislation.