Improvement of Criminal Legislation on Liability for Monopolistic Activities and Unfair Competition

Автор: Dovlatov A.N.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Экономика

Статья в выпуске: 1, 2026 года.

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The article substantiates the need to improve criminal legislation in the field of competition protection, which currently does not fully meet the challenges of the digital economy and the provisions of antimonopoly law. The key problem is the limited criminalization of acts in this area under article 178 of the Criminal Code of the Russian Federation, which does not cover all socially dangerous forms of restriction of competition, such as abuse of a dominant position. The question of the expediency of switching from material to formal structures is debated in order to increase the effectiveness of law enforcement, however, the author defends the preservation of the sign of major damage (large income) to distinguish a crime from an offense. 178 of the Criminal Code of the Russian Federation, criminalize other forms of unfair competition (discrediting, misleading), as well as carry out a systematic consolidation of norms by combining the elements of crimes against intellectual property (art. 146, 147 of the Criminal Code of the Russian Federation) within the framework of a single design and excluding unclaimed art. 1856 of the Criminal Code of the Russian Federation.

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Criminal law, crime, corpus delicti, subject of crime, monopolistic actions, restriction of competition, unfair competition

Короткий адрес: https://sciup.org/149150441

IDR: 149150441   |   УДК: 343.46   |   DOI: 10.24158/tipor.2026.1.29