The social danger of cartels and the purpose of their criminalization

The recognition of an act as a crime is an expression of recognition of the public danger of such an act. One of the acts prohibited by the Criminal Code of the Russian Federation is the restriction of competition (Article 178 of the Criminal Code of the Russian Federation). Competition is the fundamental idea of a market economy and the basic idea of the long-term development of the state economy and the well-being of citizens in the modern world. In this regard, it is justified not only to support it, but also to protect it from the state. At the same time, questions often arise about the need to protect it within the framework of the criminal law order, which leads to talk about the need to decriminalize cartels. The above issues, in turn, arouse scientific interest in the study of the crime itself and its impact on public relations. As you know, one of the principles of crime is public danger. At the same time, there is no unified approach in theory to understanding the social danger of cartels. The prevailing judicial practice also creates difficulties, indicating the presence of criminal law cartels only at auctions (when allocating budgetary and near budgetary funds). These circumstances led to the study of the understanding of public danger in general (as a concept) and the public danger of cartels in theory and in practice, in particular, as well as the study of two opposite approaches: decriminalization and tougher penalties for cartels. The methods of logical and analytical analysis of scientific papers, domestic and international legislation were used in the work. The author analyzes approaches to the interpretation of public danger, in particular economic crimes (which include Article 178 of the Criminal Code of the Russian Federation) and gives his own conclusions about the interpretation of this understanding. The author analyzes judicial practice, theoretical approaches and draws conclusions about the goals of criminal punishment of cartel participants. Thus, the author came to the conclusion that the priority goal of criminalizing cartels is harm caused to the state budget, and not to the interests of economic entities operating in competitive markets. These conclusions are relevant for persons engaged in both theoretical research on the issue of criminal liability for restricting competition, and for persons engaged in law enforcement and law-making activities in the field of competition protection.

The Cartel, collusion, anti-competitive agreement, public danger, competition, Decriminalization, limitation, bidding, business entities, Economy