The Practice of Courts in Administrative Cases Arising from Control and Supervisory Relations in the Field of Antimonopoly Control (Analytical Review)

2020 ◽  
Vol 12 ◽  
pp. 75-91
Author(s):  
К. А. Pisenkо ◽  

This review based on a scientific and practical study of the practice of courts in cases arising from the control of economic concentration, focuses on the current problems of law enforcement in the implementation of antimonopoly control and supervision activities and offers directions and approaches to improving law enforcement practice.

Author(s):  
L. V. Vovkivskay ◽  
E. V. Savostina

The review provides an analysis of the legal positions of arbitration courts in cases of violations of antitrust laws committed by abuse of a dominant position, setting a monopolistically high price, and entering into anticompetitive agreements between bidders and customers; claims of the antimonopoly authority; practice reducing the size of the administrative fine for violations of antitrust laws.Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.


Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina

The review contains an analysis of the legal positions of the arbitration courts in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: an order of the antimonopoly body on transferring to the budget the income received as a result of violation of the antimonopoly law; non-payment of services received under the contract as an abuse of a dominant position; trust agreement as a condition for the admissibility of an anti-competitive agreement; claims of the antimonopoly body on forcing an economic entity to comply with the instructions of this body.Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.


Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina

Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly legislation regarding the consideration of issues: the statute of limitations for bringing to administrative responsibility, the grounds for refusing to provide state preference, the consideration of complaints about the actions of bidders/operators carried out during the mandatory procedures applied in the bankruptcy case.Objective: to develop uniform approaches in law enforcement practice in cases of violation of antitrust laws.


2020 ◽  
Vol 19 (3) ◽  
pp. 5-12
Author(s):  
S.N. Sorokoumova ◽  
◽  
R.V. Laptev ◽  
◽  

the article is devoted to the theoretical aspects of voluntary self-regulation and its role in the formation of the neuropsychiatric stability of law enforcement officers. The analytical review of the problem of scientific research devoted to self-regulation is presented. Self-regulation is considered in the context of the most complex and significant problems of personal stability in general and the specifics of stress resistance in law enforcement officers in their professional activities in particular. The essence and conceptual apparatus associated with the phenomenon of self-regulation are revealed from the perspective of different branches of scientific knowledge. A special place is given to the justification of the influence of voluntary self-regulation on the neuropsychiatric stability of the individual, while arbitrary self-regulation is considered as a process and result associated with self-knowledge, labor efficiency and professional longevity of employees.


2021 ◽  
Vol 2 ◽  
pp. 64-77
Author(s):  
S. А. Porivaev ◽  

The review introduces a special concept of an administrative-tort dispute arising from control and supervisory legal relations, and identifies two independent types of such dispute resolved by courts: punitive administrative-tort disputes and restorative administrative-tort disputes. The article considers the practice of courts of general jurisdiction and arbitration courts in resolving administrative tort disputes arising from control and supervisory relations. The main types of judicial errors in such disputes are studied. The principles of law applied in the resolution of this category of disputes are analyzed.


2021 ◽  
Vol 90 (1) ◽  
pp. 5-21
Author(s):  
MH Prodanchuk ◽  
GM Balan ◽  
OP Kravchuk ◽  
PG Zhminko ◽  
IM Maksymchuk ◽  
...  

ABSTRACT. The Aim of the Research. Based on an analytical review of literature data, to identify a group of highly toxic chemicals which over the past decades are most often used in deliberate criminal and suicidal incidents, sabotage and terrorist act; the traffic, storage, use and disposal of which must be especially carefully monitored by law enforcement agencies. Materials and Methods. An analytical review of scientific publications was carried out using the abstract databases of scientific libraries Pub Med, Medline and text databases of scientific publishing houses Elsevier, Pub Med, Central, BMJ group as well as other VIP databases. Methods of systemic, comparative, and content analysis were used. Results and Conclusions. The scientific publications on hazardous highly toxic chemicals, which over the past quarter century are most often used in the world, notably in deliberate criminal and suicidal incidents, sabotage, and terrorist acts, are being analysed. It was found that these chemicals mainly include ricin, thallium compounds, organophosphorus compounds, as well as chemical warfare agents, arsenic and its compounds, cyanides, and inorganic water-soluble mercury compounds (mercury bichloride, sodium merthiolate), as well as paraquat and diquat pesticides. Based on the analysis of their toxicity, clinical and morphological expression of intoxication with various routes of entry into the body, the need to include them in the List of Highly Hazardous Chemicals, whose traffic, storage, use, and disposal require stricter control of law enforcement agencies, is justified. The first part of this article presents ricin, thallium compounds, organophosphorus compounds, and chemical warfare agents. Key Words: hazardous highly toxic chemicals, ricin, thallium compounds, organophosphorus compounds.


Author(s):  
A.A. Nasonov ◽  
O.A. Nasonova

The article proves that the concept of "Prosecutor's supervision over the activities of law enforcement agencies" is used in several aspects. This approach allows us to consider this phenomenon as a system of norms regulating public relations for checking the implementation of laws by law enforcement agencies; as criminal procedural relations; as criminal procedural activities of the prosecutor's office. The article examines the structure of the implementation of prosecutor's supervision over law enforcement agencies, which includes the following elements: the subject of implementation, the object of implementation, the means of implementation. Arguments are given in favor of the fact that the object of implementation of the prosecutor's supervision over the activities of law enforcement agencies is the activities of the prosecutor's office aimed at verifying the accuracy of the law enforcement agencies, including the application of measures of the prosecutor's response to them. The subject of implementation of the prosecutor's supervision of law enforcement agencies, which is represented by the prosecutor's office, is being studied. The article describes the means of implementing prosecutor's supervision over the activities of law enforcement agencies. The definition of this implementation process is formulated and its features are revealed, which include: the course of this implementation within the framework of prosecutor-supervisory relations; implementation in the interests of society, the state and the individual; manifestation in the form of lawful actions; reliance on a complex legal framework, the core of which is the Law on the Prosecutor's Office.


Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina

The review contains an analysis of the legal positions of the arbitration courts of the Russian Federation in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: the primacy of antimonopoly control in relation to entities holding a dominant position; creation by the customer of unequal conditions for the participation of persons in procurement; inaction of the authority, leading to restriction of competition; creating benefits for a particular business entity during the procurement; repetition when brought to administrative responsibility. The purpose of the analytical review is the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.


Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina

Analysis of the arbitration court’s legal positions in cases of violation of antimonopoly legislation on the following issues: limitation period for the institution of administrative proceedings for merger deals, determining the dominant position of an economic entity, court actions against, Antimonopoly service warnings, administrative fines reductions, ways of proving anti-competitive agreements. Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.


Author(s):  
L. V. Vovkivskay ◽  
E. V. Savostina

The review provides an analysis of the legal positions of arbitration courts in cases of violations of antitrust laws committed by abuse of a dominant position, setting a monopolistically high price, and entering into anticompetitive agreements between bidders and customers; claims of the antimonopoly authority; practice reducing the size of the administrative fine for violations of antitrust laws.Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.


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