Anti-competitive malfeasance as a basis for criminal liability

Abstract

Illegal activities of officials of state authorities and local self-government that restrict competition constitute a socially dangerous act of corruption committed in the economic sphere. One of its forms is the conclusion of anti-competitive agreements by officials of these bodies with business entities, prohibited by antimonopoly law. According to the National Security Strategy, this type of behavior represents a threat to national security, the fight against which is one of the important tasks facing the state. The criminal legal means of combating it, provided for by the Criminal Code of the Russian Federation, are imperfect; they are characterized by problems not only of a theoretical, but also of a practical nature. The article provides an analysis of the existing situation and suggests ways to resolve it. One of them is a proposal to introduce an independent basis for criminal liability for agreements restricting competition between officials and business entities.