academician of the Russian Academy of Sciences, associate member of the Academy of Comparative Law, doctor of legal sciences, professor, honored lawyer of the Russian Federation, honored lawyer of the Republic of Tatarstan, vice-president of the Russian Academy of Sciences, director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, member of the European Commission for Democracy through Law (Venice Commission of the Council of Europe)
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
The article is devoted to the constitutional legal norms and principles which laid the foundations of the modern legal regulation of the competition in the Russian Federation. The Constitution of the Russian
Federation of 1993 is the first basic law in the history of Russian constitutionalism which ensured the legal bases of the economic competition. Such legal bases are necessary for the adoption of stimulus measures as well as and the creation of protective regulations aimed at preventing unlawful conduct in the exercise of economic activities. These norms required development of the current legislation. The Federal Law of 26 July 2006 No. 135-FZ “On protection of competition” contains not only the definition of unfair competition but also its prohibited shape. The investigation shows that the conceptual apparatus of this sphere of legislation still needs to be developed in accordance with the constitutional design. The process of constitutionalization of the legislation due to the implementation of the Russian Constitution’s provisions suggested the coverage of the different branches of law and became a new stage in the development of the domestic legal system, after the confirmation of the competition support as a constitutional meaningful value. However the measures and methods of competitions’ “penetration” into the sectoral legislation still requires further learning. Using the competition support institutions, promoting the competition cannot be conducted without taking into account other constitutional principles (principles of the social state, freedom of economic activities, etc.). The article concludes that for the most complete disclosure of the potential of the constitutional provisions on the competition requires qualitatively different conditions of the specific legislation on competition.
Keywords: Constitution of the Russian Federation of 1993, constitutional and legal framework of the economic competition, warning and suppression, constitutionalization of the legislation, constitutional principle of competition support, other constitutional principles that promote the development of competition, sectoral funds for the development of the competition, constitutional law on competition, special competition law.
DOI: 10.12737/ 23698
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