Principles of legal regulation of natural monopolies in the framework of the Eurasian economic union
Автор: Ryjenkov Anatoliy Yakovlevich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Политика и экономика Евразии
Статья в выпуске: 1 (20), 2016 года.
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Purpose: Disclosure of principles of state regulation of natural monopolies in the Treaty on the Eurasian economic Union. Methodology: Methods of hermeneutics and comparison were used. Results: The normative content of the principles of legal regulation of natural monopolies based on the analysis of the constituent documents of interstate formations such as the Eurasian economic Union, are revealed in the article, which include: balancing the interests of consumers and natural monopolies; the more effective regulation aimed at reducing in subsequent spheres of natural monopolies through the creation of conditions for competition development in these areas; the use of flexible tariff (price) regulation of natural monopolies; introduction of regulation in cases where on the basis of the analysis of the relevant internal market found that this market is in a state of natural monopoly; reducing barriers of access to domestic markets, including by ensuring access to services of subjects of natural monopolies; application of the procedure of regulation of activity of subjects of natural monopolies, ensuring the independence of decisions, continuity, openness, objectivity and transparency; the obligatory conclusion by the subjects of natural monopolies of consumer contracts for the provision of services in respect of which regulation is applied; ensuring compliance by subjects of natural monopolies of the rules of access to services of subjects of natural monopolies; the focus of the regulation on the specific subject of natural monopoly; ensuring compliance of established tariffs (prices) quality of services in the spheres of natural monopolies subject to the regulation; protection of consumer interests, including various violations by subjects of natural monopolies concerning the application of tariffs (prices) for regulated services; creation of economic conditions under which the subjects of natural monopolies is beneficial to reduce costs, implement new technologies, improve the efficiency of investment. Novelty/originality/value: Originality of the article lies in the fact that it is the first in the Russian legal literature the study specifically focused on the principles of regulation of natural monopolies in the Eurasian economic Union.
Короткий адрес: https://sciup.org/14027873
IDR: 14027873