Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

scholarly journals Category “measure” in the theory of penal law

2021 ◽  
Vol 1 (11) ◽  
pp. 28-31
Author(s):  
V.K. BAKULIN ◽  
Keyword(s):  
Russian Federation ◽  
Legal Obligation ◽  
Procedural Law ◽  
Procedure Code ◽  
Penal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article analyzes the philosophical category “measure”, which due to its universality and comprehensiveness finds expression in law, since subjective law and legal obligation are always a measure of the possible or necessary behavior of the subjects of legal relations. The relationship of the category “measure” with the institutions of criminal and criminal procedural law is shown. The article examines the demonstrations of this category in the institutions of the penal law, which makes it possible to formulate the definition of a measure in the penal law and systematize the existing ones. There is revealed the need to change the subject of the penal law as a branch of law in connection with the empowerment of criminal executive inspectorates with the authority to implement measures of procedural coercion, provided for by the Criminal Procedure Code of the Russian Federation.

scholarly journals Accounting and analytical system of capital formation for agricultural enterprises in the context of anti-crisis management

2020 ◽  
Vol 210 ◽  
pp. 13003
Author(s):  
Oksana Butkova
Keyword(s):  
Agricultural Production ◽  
Capital Formation ◽  
Agricultural Enterprises ◽  
Economic Entity ◽  
Theoretical Approaches ◽  
Main Factors ◽  
Analytical System ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article studies the accounting and analytical capital system, since any economic entity must have a certain capital and clearly understand for what purposes it should be directed. However, a single conceptual framework for the definition of «capital» and its components does not exist today. During the study there have been used such methods as: analysis, synthesis, concretization and abstraction, classification, grouping and others. As a result of the study, there has been clarified the notion of «an accounting and analytical system», studied theoretical approaches to the formation and functioning of the accounting and analytical capital system for agricultural enterprises; there has been determined the concept of the accounting and analytical capital system; there have been studied the main factors of agricultural production that influence the formation of the accounting and analytical capital system; there have been determined the main elements (subsystems) of the accounting and analytical capital system and the relationship of the accounting and analytical system of capital formation with the development of an anti-crisis program for agricultural enterprises, there have been clarified the stages in the implementation of an anti-crisis program and the scheme of the accounting and analytical capital system for agricultural enterprises.

GOALS AND OBJECTIVES OF MODERN OPERATIONAL AND INVESTIGATIVE ACTIVITIES: PROBLEMS OF LEGISLATIVE REGULATION

2021 ◽  
pp. 9-13
Author(s):  
Алексей Вячеславович Агарков ◽  
Кирилл Вячеславович Капустин
Keyword(s):  
Law Enforcement ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Consideration Set ◽  
Federal Level ◽  
Legal Norms ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
The Relationship ◽  
Goals And Objectives

Статья посвящена рассмотрению проблем соотношения закрепленных Федеральным законом от 12 августа 1995 г. № 144-ФЗ «Об оперативно-розыскной деятельности» целей и задач с рассматриваемой деятельностью различных правоохранительных органов. Проведя сравнительный анализ мнений авторитетных ученых оперативно-розыскной науки, авторы приходят к выводу о том, что цели и задачи современной оперативно-розыскной деятельности уже достаточно давно выходят за рамки борьбы с преступностью. Указанный тезис находит свое подтверждение и в изложенном в статье анализе федерального законодательства России, осуществляющего регулирование рассматриваемого направления деятельности. В рамках проведенного исследования авторы обращают внимание на имеющиеся коллизии между общими и частными задачами оперативно-розыскной деятельности, закрепленными нормативными правовыми актами федерального уровня, а также на отсутствие у законодателя единой позиции по употреблению в правовых нормах словосочетаний «оперативно-розыскной» и «оперативно-разыскной». Авторы приходят к выводу о необходимости внесения изменений в оперативно-розыскной закон в целях устранения имеющихся противоречий в законодательном регулировании оперативно-розыскной деятельности. Предложенная авторами норма оперативно-розыскного закона обладает оригинальностью и учитывает интересы всех органов, осуществляющих оперативно-розыскную деятельность The article is devoted to the consideration of the problems of the relationship between the objectives and tasks established by Federal Law No. 144-ФЗ of 12 August 1995 «On Operational and Investigative Activities» and the activities of the various law enforcement agencies under consideration. Having conducted a comparative analysis of the opinions of authoritative scientists of operational and investigative science, the authors conclude that the goals and tasks of modern operational and investigative activities have long gone beyond the fight against crime. This thesis is also confirmed in the analysis of the federal legislation of the Russian Federation, which carries out legislative regulation of the area of activity under consideration, set out in the article. In the framework of the study, the authors draw attention to the existing conflicts between the general and private tasks of operational-search activities, established by the normative legal acts of the federal level, as well as to the absence of a unified position of the legislator on the use in legal norms of the phrases «operational and investigative» and «operational-search». The authors conclude that it is necessary to amend the investigation law in order to eliminate existing contradictions in the legislative regulation of investigation activities. The norm of operational and search law proposed by the authors has originality and takes into account the interests of all bodies carrying out operational and investigative activities.

scholarly journals On the harmonization of anti-terrorist legislation norms

2021 ◽  
Vol 2 (12) ◽  
pp. 86-90
Author(s):  
A. V. SAVINSKY ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Federal Law ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Terrorist Activity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

Measures are being taken in Russia to improve anti-terrorist legislation, with special attention paid to increasing the counter-terrorism potential of the Criminal Code of the Russian Federation. However, the current anti-terrorism regulations are not without drawbacks. Thus, terrorist activity is interpreted differently in Art. 3 of the Federal Law "On Countering Terrorism" and Art. 205.2 of the Criminal Code of the Russian Federation, which leads to contradictory investigative and judicial practice. The solution is seen in the unification of the definition of terrorist activity and the definition in the wording of the Criminal Code of the Russian Federation looks preferable. It is noted that the legal support for the operational penetration of law enforcement agencies into terrorist structures does not meet the requirements, since the norm of Part 4 of Art. 18 of the federal law "On operational-search activity" (contains an operational-search basis for active repentance) remains inoperative due to the lack of its incorporation into the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. The article formulates additions to these codified federal laws, which will legitimize the operational-search basis for active repentance.

scholarly journals Determination of individual collective subjects of constitutional and legal relations by the territory of their functioning, including cities

2021 ◽  
Vol 1 ◽  
pp. 40-44
Author(s):  
Stanislav A. Vasiliev ◽  
Keyword(s):  
Constitutional Law ◽  
Scientific Literature ◽  
Correct Definition ◽  
The Russian Federation ◽  
Contemporary Reality ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
Difficult Issue

A very difficult issue in the theory of constitutional law is the correct definition of subjects and those legal relations in which they participate. Some can be identified immediately, seeing, for example, the passport of a citizen of the Russian Federation, but the state in its physical or other expression is more difficult to identify. This is despite the fact that most scientific literature is devoted to the relationship of these particular subjects among themselves. Collective subjects, some of which are such only in relation to the territory in which they carry out their functions, are very important in contemporary reality. This issue is devoted to this work.

Organization and system (On the book "Empirical analysis of public procurement system in Russia")

2016 ◽  
pp. 150-158
Author(s):  
A. Ivanov
Keyword(s):  
Public Policy ◽  
Economic Theory ◽  
Russian Federation ◽  
Public Procurement ◽  
Federal Law ◽  
The Public ◽  
The Russian Federation ◽  
Procurement System ◽  
Relationship Of ◽  
The Relationship

In the paper, on the basis of the monograph of Higher School of Economics researchers, devoted to the study of the effect of Federal Law 94-FZ on the formation of the public procurement system of the Russian Federation, the author expresses his views on issues of strategic planning of research in the modern university, the relationship of scientific research and the development of public policy in general and in the field of public procurement in particular. The paper identifies the contributions of research, included in the monograph, to economic theory and effectiveness of public procurement in the Russian Federation.

scholarly journals Commercial Credit in the Activities of Business Entities: Features of Legal Regulation in the Russian Federation

2019 ◽  
Vol 62 ◽  
pp. 10002
Author(s):  
S.V. Startseva ◽  
N.V. Deltsova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Financial Resources ◽  
Credit Institution ◽  
Economic Entity ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Relationship Of ◽  
The Relationship

The activity of any economic entity, both in the Russian Federation and in any other country, needs free financial resources. They are used for entrepreneurial activities, as ultimately the purpose of such activity is to make profit. Money can be obtained under a loan agreement in a credit institution. Generally obtaining a loan from a credit institution is associated with increased costs (high bank interest and bank charges), the need to provide security and the length of the procedure for obtaining a loan. Commercial loan, however, is deprived of these shortcomings. Commercial credit is provided by economic entities to each other in the process of doing business, and it allows you to get free financial resources, both in the short and in the long business term. Economists believe that in the means of the increase of working capital a commercial loan is second in importance after banking one. Commercial loans are widespread both in the Russian Federation and abroad. Despite the widespread use of commercial credit in economic activity, it is governed by only one article in the Civil Code of the Russian Federation. The purpose of the study is to analyze a commercial loan agreement and study the legal relationship between the lender and the borrower. Objectives of the study are to study of the essence of a commercial loan; to study of the relationship of a commercial loan agreement with other agreements and other civil structures. The methods that were used in the study are the following: a formal legal method to define the concept of a commercial loan agreement, a system-structural analysis method to determine the nature of a commercial credit, a comparative legal method to determine the relationship of a commercial credit agreement to other agreements and other civil legal constructions. The result of the study is a proven conclusion that a commercial loan agreement is an independent agreement. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

SECTANITY IN THE CONTEXT OF MANIFESTATIONS OF MODERN RELIGIOUS EXTREMISM

2020 ◽  
Author(s):  
Pavel Agapov ◽  
Kirill Stepkin
Keyword(s):  
Russian Federation ◽  
Religious Extremism ◽  
The Russian Federation ◽  
Relationship Of ◽  
The Relationship ◽  
Theoretical Foundations

The article considers the general theoretical foundations of the relationship of sectarianism and religious extremism in the Russian Federation. Practical examples of the role of destructive sects in modern religious extremism in the Russian Federation are given.

scholarly journals Serum IGF1, metabolic syndrome, and incident cardiovascular disease in older people: a population-based study

2013 ◽  
Vol 168 (3) ◽  
pp. 393-401 ◽  
Author(s):  
Christa C van Bunderen ◽  
Mirjam M Oosterwerff ◽  
Natasja M van Schoor ◽  
Dorly J H Deeg ◽  
Paul Lips ◽  
...  
Keyword(s):  
Metabolic Syndrome ◽  
Older People ◽  
Population Based ◽  
Mortality Data ◽  
The Metabolic Syndrome ◽  
Longitudinal Aging Study Amsterdam ◽  
Aging Study ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

ObjectiveHigh as well as low levels of IGF1 have been associated with cardiovascular diseases (CVD). The relationship of IGF1 with (components of) the metabolic syndrome could help to clarify this controversy. The aims of this study were: i) to investigate the association of IGF1 concentration with prevalent (components of) the metabolic syndrome; and ii) to examine the role of (components of) the metabolic syndrome in the relationship between IGF1 and incident CVD during 11 years of follow-up.MethodsData were used from the Longitudinal Aging Study Amsterdam, a cohort study in a representative sample of the Dutch older population (≥65 years). Data were available in 1258 subjects. Metabolic syndrome was determined using the definition of the US National Cholesterol Education Program Adult Treatment Panel III. CVD were ascertained by self-reports and mortality data.ResultsLevels of IGF1 in the fourth quintile were associated with prevalent metabolic syndrome compared with the lowest quintile (odds ratio: 1.59, 95% confidence interval (CI) 1.09–2.33). The middle up to the highest quintile of IGF1 was positively associated with high triglycerides in women. Metabolic syndrome was not a mediator in the U-shaped relationship of IGF1 with CVD. Both subjects without the metabolic syndrome and low IGF1 levels (hazard ratio (HR) 1.75, 95% CI 1.12–2.71) and subjects with the metabolic syndrome and high IGF1 levels (HR 2.28, 95% CI 1.21–4.28) demonstrated increased risks of CVD.ConclusionsIn older people, high-normal IGF1 levels are associated with prevalent metabolic syndrome and high triglycerides. Furthermore, this study suggests the presence of different pathomechanisms for both low and high IGF1 levels and incident CVD.

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