Antimonopoly compliance as a circumstance which mitigates administrative responsibility

The article deals with administrative compliance; the author studies this issue in circumstances which mitigate administrative responsibility. An assessment of the role of sources of legal regulation and standards mediating the formation of a system of internal compliance with the requirements of antimonopoly legislation and the practice of its implementation is given. When writing the article, the author examined the content of certain issues under the jurisdiction of the Federal Antimonopoly Service in terms of implementing its administrative and tort powers. An analysis of their content is carried out; the problems of practical importance, including an assessment of administrative compliance, are identified. The author used the following methods: system analysis, dialectical, logical, comparative, analysis and synthesis, induction and deduction. The following results were got: - mitigation of administrative liability creates a tangible legal incentive, while not restricting the effectiveness of administrative punishment, and an economic entity is given the opportunity to invest in the implementation of the compliance system for its improvement. The antimonopoly compliance can exclude the liability of the subject, provided that it implements all measures to prevent a violation; - organization of the antimonopoly compliance system should contribute to improving the efficiency and success of the activities of an economic entity at the expense of introducing a risk-oriented approach. The introduction of antimonopoly compliance can contribute to the increasing of the level of legality and success of the activities of an economic entity, and in the future antimonopoly compliance will be one of the most effective mechanisms for implementing state policy in ensuring law and order and legality, but a full assessment of the effectiveness of its application can be given only over time; - antimonopoly compliance will always be in demand, since management decision-making is carried out in the prism of assessing their impact on competition. There is also a simulation of the consequences, excluding violations of legislation,i.e. the subject acts already within the framework of the agreed antimonopoly policy; - adoption of the act on antimonopoly compliance does not mean its full functioning. Its adoption is followed by a whole range of elements of its implementation, enshrined in methodological recommendations (development of a risk map and of an action plan to reduce violations of antimonopoly legislation, as well as several other constituent parts of the system). The author declares no conflicts of interests.

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