Antimonopoly control, and protection of competition in the system of economic public management: the question of public-law administrative efficiency model
- Authors: Pisenko KA1
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Affiliations:
- Russian State University of Justice
- Issue: No 4 (2015)
- Pages: 21-30
- Section: Articles
- URL: https://journals.rudn.ru/law/article/view/5309
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Abstract
The article is about building an effective model of public legal entities to protect competition in the context of the goals and objectives of management of the economy. Issue of the need to address competition policy as an integral part of economic policy, the formation of institutions of antimonopoly regulation and control in close connection with other areas of economic governance, including monetary, fiscal, certain sectors of the economy is raised. It is stated that a particular set of tools depends on the specifics of a particular state, its economic development, geopolitical situation, the tasks of national development, especially the history and development parameters and content of the legal system, legal, family, and other factors. Problems of concentration of management functions and powers in the field of protection of competition, formulated proposals for improving the public law model the distribution of powers in the field of competition policy between government entities of public law in order to improve economic management and the protection of public subjective rights of citizens are studied. It is proposed to adopt a set of measures based on the principle of de-concentration of powers in the field of protection of competition, taking into account Russian trends, features and specifics. Principles of concentration and deconcentration of the example of the United States, European countries and the Russian Federation are analyzed in detail. It is concluded that the global experience suggests the use of specific institutional approaches to the regulation and control of competition in the financial markets, including through the transfer of powers in the field commanding entities operating on the financial markets as a whole.
Keywords
model management, public law, administrative law, antitrust regulation, antitrust control, protection of competition, public management of the economy, financial markets, government (public) entities, administrative legal subjects, subjects of public administration, Federal Antimonopoly service, antitrust authority, Bank of Russia (Central Bank), efficiency of public administration, public subjective rights, protection of public subjective rights, principle of deconcentration, principles of administrative law and administrative activities
About the authors
K A Pisenko
Russian State University of Justice
Email: pissenkokir@mail.ru
The Department of Financial Law; The Department of Administrative and Financial Law Law Institute of the Peoples’ Friendship University of Russia 6, Miklukho-Maklaya st., Moscow, Russia, 117198 The Department of Civil Law and Process Orthodox Institute of st. John the Theologian 11A, Chernyshevsky per., Moscow, Russia, 127473