SHS Web Conf.
Volume 108, 2021IX Baltic Legal Forum “Law and Order in the Third Millennium” 2020
|Number of page(s)||5|
|Section||Fighting Crime: Criminal Law Issues|
|Published online||31 May 2021|
Problems of exemption from criminal liability for restricting competition
Saint Petersburg Law Institute (Branch) of the University of Prosecutor’s Office of the Russian Federation, the Department of Criminal Law, Criminology and Penal Law, Saint Petersburg, Russia
* Corresponding author: Sarubin1@yandex.ru
The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.
Key words: exemption from criminal liability / crimes in the sphere of economic activity / restriction of competition
© The Authors, published by EDP Sciences, 2021
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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