scholarly journals ECONOMIC AND LEGAL ASPECTS OF THE LEGAL LIABILITY FOR VIOLATION OF THE RULES OF COMPETITION IN FRANCE

Author(s):  
Ольга Терновая ◽  
Olga Tyernovaya

The article deals with the economic and legal aspects of the legal liability for the violation of the competition rules in the doctrine and the French legislation. Particular attention is paid to the economic aspects of the legal regulation of competitive relations and the practical application of the techniques of economic analysis by the French courts in disputes related to economic supervision. The role of the Competition Council in making decisions about the presence or absence of positive economic impacts of the transaction is noted. The question of delimitation of antitrust regulation by the norms of the French Commercial Code and acts of unfair competition by the rules of the French Civil Code is researched. The formed approaches to the definition of acts of unfair competition in the doctrine are analyzed. The attention is paid to the possibility of criminal liability of legal persons for violation of the rules of competition in accordance with French law.

Author(s):  
K. V. Trifonova

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.


2020 ◽  
Vol 4 (91) ◽  
pp. 41-48
Author(s):  
V. V. Zagainov ◽  
◽  
E. V. Kuznetsov ◽  

The main legally significant features of the legal concept of “unfair competition”are considered. It is one of the forms of abuse of law, which is expressed in the illegal behavior of the subject of market relations, which by means of forms of implementation of its subjective right that are not permitted by law or contraryto business customs, creates obstacles in the exercise of its competitors ‘ business rights and (or) harms consumers. There is no consumer figure in the definition of unfair competition. If the damage is caused to them, their rights are protected by consumer legislation. Currently, there is no unified concept of “unfair competition”. In legal science and legislation, there are definitions of unfair competition, but having a common meaning, their interpretations differ significantly, generating, in turn, not only disputes in the ranks of the scientific community, but also having a significant impact on law enforcement practice. The integrity of an economic entity is manifested primarily in its lawful behavior, but when implementing civil rights in the field of competition, law enforcement officers must understand the essence and take into account each feature contained in the above concept, since, otherwise, mistakes may be made in the implementation of rights, obligations and prohibitions in the field of competitive relations in the market of goods and services. At the same time, attention is drawn to the imperfection of the legal concept, which leads to a narrowing of the scope of relations arising in the course of violation of competition rules. The latter is a circumstance that reduces the effectiveness of competition protection in the Russian Federation. In order to eliminate the identified gaps, it is proposed to make a number of changes to the competition protection legislation.


2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.


Author(s):  
Çetin Arslan ◽  
Didar Özdemir

The Turkish Penal Code (TPC) no.5237 embodies “the reveal of confidential business information and documents” as a crime. However, neither article 6 of the TPC titled “definitions” nor the legal justification of the article contains the definition of the confidential business information or commercial secret. The abrogated Turkish Commercial Code no.6762 disposes the reveal of this kind of information as an act of unfair competition. In a similar vein, the current Turkish Commercial Code no.6102 assumes the illegal acquisition and the reveal of business secrets as acts of unfair competition and subjects them to criminal sanction. Also the article 562 of the TCC no.6102 disposes that if the auditors reveal the confidential business information of the auditee company, they are punished according to the article 239 of the TPC. The Proposal of Code on Business, Bank and Client Secrets refers to the article 239 of the TPC in case of the violation of the confidentiality obligation. Finally, the Act of the Protection of Competition no.4054 brings a confidentiality obligation for the Council and staff members. In this study, we will try to explain first the notion of confidential business information or commercial secret, then the penal norms about the confidential business information and the confidentiality obligation and last, the elements of the crime disposed in the article 239 of the TPC which is referred by most of the other penal norms in this respect.


2021 ◽  
Vol 60 (1) ◽  
pp. 87-96
Author(s):  
Vadim A. Avdeev ◽  
Olga A. Avdeeva

The subject of the study is the strategic directions of ensuring public security in the Russian Federation at the present stage. One of the directions of ensuring public safety is recognized as the safety of the fuel and energy complex. In this regard, the analysis of the state, structure and dynamics of crime in the fuel and energy complex is carried out. Attention is focused on the implementation of the Russian criminal law policy in the field of combating crime in the fuel and energy complex, taking into account the norms of international law. The purpose of the study is to uncover the elements of crimes in the fuel and energy complex that constitute the crime of this orientation. Particular attention is paid to the consideration of a set of measures for the prevention and prevention of this type of crime, taking into account the interaction of measures of a criminal, criminological and administrative nature. The methodological basis for the study of measures to combat crime in the fuel and energy complex is a combination of general scientific and private scientific methods that have predetermined a comprehensive approach to the study of legal policy in the field of countering this type of crime, taking into account the ongoing reform of the socio-economic system in the Russian Federation. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of legal liability for fuel and energy crimes. The main results of the study contain conclusions and proposals aimed at improving measures to counteract crime in the field of the fuel and energy complex, including improving the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering encroachments of the fuel and energy sector. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed crimes in the field of fuel and energy complex. The novelty of the research topic consists in the formulation of the problem associated with the establishment of the causes and conditions of crimes of fuel and energy orientation as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crime in the field of fuel and energy complex. The conducted research reveals the legal nature of crime in the fuel and energy complex; features of measures to counteract crimes of fuel and energy orientation; trends in the legal regulation of fuel and energy crimes; the specifics of the mechanism of legal regulation of legal liability for fuel and energy crimes. The opinion is expressed that there is no categorical and legal assessment of the concept of fuel and energy crimes in the domestic legislation, which predetermined the recognition of measures of criminal and legal influence as a strategic resource for countering fuel and energy crime. Conclusions are formulated about the factors that determine the legislative regulation of fuel and energy crimes, and the specifics of the implementation of punishment and other measures of a criminal nature.


2020 ◽  
pp. 175-177
Author(s):  
N.O. Lisnevska

Background. The issue of legal liability is extremely important for all healthcare workers (HCW). HCW are solely responsible for medical violations during the performance of their professional duties. There is a misconception that in case of non-provision or error in the provision of medical care outside the medical institution, the HCW will be liable. However, this is not always so, as in this case the HCW is considered an ordinary citizen and bears ordinary civil liability. Objective. To describe the legal aspects of MP liability, in particular, during infusion therapy (IT). Materials and methods. Analysis of the legal framework. Results and discussion. The public consciousness has formed the idea of the great responsibility of HCW for human life and health. Unfortunately, in Ukraine, people often do not care about their own health and do not take preventive measures, shifting all responsibility to HCW. Citizens have the right to receive health care and the right for the compensation of improper medical care and damage caused by the actions of the HCW. According to surveys, a lawsuit from a patient is the leading fear of HCW. This fear needs to be reduced, as the doctor and nurse should not be afraid of their patients. According to the objective model of liability, the HCW is guilty of the damage caused to the victim (patient), if the average citizen believes that the actions of HCW were the cause of the unfavorable course of events. This model is often used by domestic media, although in Ukraine it is not enshrined in law. For a long time, criminal liability for medical crimes has dominated Ukraine. Currently, there are criminal, administrative, disciplinary and civil kinds of liability. According to the criminal legislation of Ukraine, criminal liability arises for a crime that contains a crime according to the Criminal Code. Criminal activity contradicts the very essence of medical activity, so special attention is paid to such crimes. It should be noted that the intentional crimes committed by HCW are much less common than crimes of negligence. An important problem is that lawyers do not always understand the specifics of the nature of a medical crime. There are circumstances in which HCW are released from liability for a crime. These circumstances include actions of extreme necessity and actions in risk settings. Extreme necessity often takes place in urgent medical interventions. These circumstances often accompany emergency care in case of accidents, military problems and disasters. IT is often a kind of experiment, because the drugs administered may be perceived differently by the patient, even with a normal previous history. Because treatment is often associated with risk, for example, in case of IT side effects, a nurse who continues to administer the drug on a protocol or off-protocol (subject to consultation with the patient and/or the board of physicians) will not be criminally liable. Similarly, a nurse will not be criminally liable in case of deciding to discontinue IT due to the patient’s deterioration. In such circumstances, the nurse should inform the physician of the situation as soon as possible and eliminate the danger to the patient as soon as possible. Cases in which the damage was caused intentionally for a useful purpose is a separate category of cases. This is most common in chemotherapy and in experimental studies. The HCW should take sufficient, in his opinion, and appropriate to his qualification measures to improve the patient’s condition. Sometimes nurses have to make decisions in time deficit, for example, as for measures for a patient with a psychiatric illness that threatens other people. In such cases, there is also no criminal liability, as the act was committed to save the lives and health of others. Medical crimes are divided into professional and official. The first are directly related to the performance of professional duties (HIV/AIDS, illegal abortion, disclosure of personal information of the patient, violation of the patient’s rights, not providing medical care provision, etc.). It should be noted that the HCW cannot be blamed for not providing medical care if it does not meet his/her qualifications. Conclusions. 1. HCW must know their rights and act for the benefit of patients. 2. Medical crimes are divided into professional and official. 3. There are situations in which HCW are released from criminal liability.


Author(s):  
Iuliia Vishar

Within the framework of this article, it is pointed out the importance of legal order in the created domestic regulatory and legalframework of intellectual property for medicines on the basis of international legislation, implemented by approximating national le -gislation to the norms of the European Community law in this area. The disadvantages of the standard approaches of Ukrainian lawmakingin the intellectual pharmaceutical industry to the transformation of legal experience in the pharmaceutical industry of the EuropeanCommunity, which give rise to the domestic legislative default, are presented.Impartially considered the impact of the lack of clarity of the current legislation on intellectual property in pharmaceuticals onthe formation of legally defective, with protective and protective helplessness, intellectual property objects for medicines, which are amanifestation of the legal incompetence of national legislators.The negligent attitude of domestic legislators to the uncertainty in the content of the above changes to the laws that have a directimpact on the definition of the concepts of intellectual property objects for medicines, forms a deformed regulatory and legal basis forpatenting in this area – the ground for possible violations in the form of patent trolling, counterfeit pharmaceutical products, corruptionschemes in medicine, unfair competition, falsification of drugs, and the like, where, first of all, the safety, quality and effectiveness ofdrugs are leveled.The importance of legal differentiation and the need for legal sorting, the renewal of the national legal system to consolidate thesystem of legal regulation of the intellectual pharmaceutical industry by increasing the transparency of the pharmaceutical market andthe responsibility of its participants are noted.Indicated on the negligent attitude of domestic lawmakers to the uncertain classification of inventions in pharmaceuticals, which,like the above definitions of the concepts of intellectual property for medicines, forms a deformed regulatory framework for patentingin this area – the basis for possible offenses in the form of patent trolling, counterfeit pharmaceutical products, corruption schemes inmedicine, unfair competition, falsification of drugs, etc., where, first of all First, the level of safety is leveled, as are the spines andeffectiveness of drugs. At the same time, it should be noted that the lack of results of proper judicial practice in the field of intellectualproperty for medicinal products is an indicator of non-functioning legislative mechanisms for the transformation of the European legalsystem into a national regulatory framework. The importance and necessity of restoring ecological pharmacies to consolidate the system of legal regulation of the intellectualpharmaceutical industry by increasing the transparency of the pharmaceutical market and the responsibility of its participants is indicated.In our opinion, the legislation in this priority for the state strategy area should be reviewed to eliminate recurrences and contradictionsbased on the implemented system of monitoring, competent legal analytics and control of compliance of Ukrainian legislationwith EU legislation. In turn, a well-functioning, fully documented pharmaceutical quality system must be developed that should includeGood Manufacturing Practices (GMPs) with quality control and risk management for quality at the stage of intelligent product creation.Thus, the underestimated pharmacy business, where extracorporeal medicines created in the conditions of individual production(manufacturing) with ensuring compliance with their purpose, the requirements of regulatory (analytical, technical, technological) do -cu ments, the State Pharmacopeia of Ukraine, and exclusion of risks for patients, may unreasonably have features patentability, basedon international experience, as a manifestation of relevant medicine.


Author(s):  
E. A. Kremyanskaya

The author reviews history and peculiarities of the legal regulations of lobbying in USA and Canada, points out the tendencies of the legislation development. USA and Canada are among the first countries, which included legal regulations on the lobbying relations in the state government. The author explores the evolution of development of the lobbying legislation in the USA, and in particular reviews the Foreign Agents Registration Act of 1938, Federal Regulation of Lobbying Act of 1976, Lobbying Disclosure Act of 1995, as well as evolution of the Canadian legislation, where the Act on Lobbying of 1989 is in force, which had substantial changes during the last ten years. Taking into consideration the territorial form of state, the author reviews not only the federal legislation, but also laws on the level of states and provinces of these federations. Besides, the author covers the activity of the control bodies, order of registration and reporting by lobbyists of their professional activity, reveals pro and cons of the legal regulations of such institution as lobbying. In the article there is the list of information, which should be provided by lobbyists to the control bodies and the author correctly mentions that this list in USA is much wider, comparing to Canadian regulations. In the article the author reviews the liability for violations of lobbying legislation. In particular, in the USA the criminal liability is applied up to 5 years of imprisonment and financial penalties up to 200 thousand US dollars. Based on the USA and Canada experience the author reveals the key issues, which should be fixed by the legal regulations in the country and in particular: the clear definition of the lobbying and lobbyist, necessity of disclosure on the information about client and amounts paid, fixing in the control mechanisms and liability.


2020 ◽  
Vol 10 (4) ◽  
pp. 91-98
Author(s):  
JEANNA NIKOLAEVA ◽  

The publication analyzes the policy in the field of legal liability for tax crimes in the Russian Federation and the States with which the Russian Federation has stable economic ties - Germany, Spain, France, China, the States of the Eurasian economic Union and the Commonwealth of independent States. The study suggests that the policy of States that are economic partners of the Russian Federation demonstrates a more severe approach to non-fulfillment of tax obligations. As a result of the study of foreign legislation, no States have been identified that have more lenient sanctions for tax crimes. Legal regulation of legal liability for violation of tax legislation in comparison with Russian legislation is characterized by long periods of limitation for criminal liability. Criminal law prohibitions do not contain an imperative requirement to exempt a defaulter from criminal prosecution in the event of payment of arrears and other compensation accruals (with the exception of the republics of Kazakhstan and Uzbekistan). In contrast to the Russian Federation, most countries criminalize actions related to ignoring the obligation to maintain accounting records, hiding or destroying accounting documents (China, France, Spain, etc.). It is concluded that the Russian Federation is a less protected tax jurisdiction in comparison with the States with which it has economic ties. The existing imbalance of liability for violations of tax and fee legislation creates prerequisites for the use of Russian tax jurisdiction in unfair tax strategies. When determining the vector of Russian state policy in the sphere of liability for non-fulfillment of tax obligations, it is not advisable to ignore this significant circumstance.


Author(s):  
A. G. Volevodz

Analysis and studying of the terrorism in all its facets is a complex entangled problem with less clear legal regulation that it might seem at first glance, especially after its transformation from local phenomenon into a world threat. Hitherto terrorism and actions connected to it have been criminalized by the majority of states. There are in modern criminal law whole systems of rules on criminal liability for terrorism which differs considerably from country to country. Terrorism has been criminalized in numerous international regional and universal antiterrorist legal instruments. The author notes that differences in definitions that are enshrined in them hinders international cooperation in criminal matters with respect to terrorist cases. Difficulties reside in the necessity to meet the dual criminality requirement and in the political offense exception. These difficulties can only be overcome through elaboration of a universally recognized definition of the notion of international terrorism and making it legally binding via its inclusion into a universal convention. The issue of definition of international terrorism is an important part of an efficient mutual assistance among states in fight against this crime. In this article the author accounts of actual ways of tackling by the international community of the issue of criminalization of international terrorism and of factors influencing them.


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