On the question of the concept of monopolization and its prohibition

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The Constitution of the Russian Federation in Article 34 provides for the prohibition of economic activities aimed at monopolization. However, there is no definition of the term "monopolization" in Russian legislation. Such a situation inevitably raises the question of understanding monopolization as such and what exactly the legal prohibition is aimed at. The absence of clearly defined boundaries of the constitutional prohibition in the law leads to misunderstanding and ignoring threats to competition as an important principle of the market economy. Meanwhile, clarity on this issue is necessary for the effectiveness of state policy in the field of competition protection, which largely depends on how fully and clearly legal regulations are formulated for the law enforcement officer.

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Monopolization, monopolistic activity, protection of competition, constitutional prohibition of monopolization, conditions of permissibility of monopolistic activity

Короткий адрес: https://sciup.org/143179986

IDR: 143179986   |   DOI: 10.38161/2618-9526-2023-2-102-107

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