RATIO OF EXEMPTIONS FROM CRIMINAL LIABILITY SPECIFIED IN NOTE 3 TO ART. 178 OF THE RF CRIMINAL CODE AND THE NORMS OF THE RF CRIMINAL CODE GENERAL PART

Exemption from criminal liability of persons who committed crimes in the sphere of competition is a kind of criminal law compromise. The concept of using a compromise as a method of criminal law regulation is a forced government measure aimed at encouraging, first of all, those who have committed economic crimes, to voluntarily refuse to commit a crime, to promote а crime disclosure and so on. Foreign countries legislative experience suggests that such approach is the most successful solution to the issue of countering the commission of crimes in this field. In order to reach a compromise by the Federal Law dated 08.03.2015 No. 45‑FZ in note 3 to clause 178 of Russian Federation Criminal Code has been amended to fix the special grounds for exemption from criminal liability for restricting competition. The general grounds for exemption from criminal liability investigated, special rules contained in the Criminal Code Special Part, as well as the procedure for applying clause 761 of the Criminal Code and Notes 3 to Criminal Code clause 178 in relation to the subjects of the crime in question. A comparative analysis of the grounds for exemption from liability for concluding an anti‑competitive agreement, provided for by criminal legislation and legislation on administrative offenses in Russian Federation. The authors note the lack of a clear position of the Russian legislator on this issue and see the presence of unresolved competition of the norms of the General and Special Parts of the Russian Federation Criminal Code, clause 761 and clause 178. The necessity of legislative differentiation of the considered norms is substantiated, the preservation of footnote 3 to clause 178 of the Criminal Code and the deletion of references to Part 1 of clause 178 of the Criminal Code in Criminal Code clause 76.

crime, General and Special parts of Russian Federation Criminal Code, clause 178, cartel, competition limitation, exemption from criminal liability, antitrust agreements, complicity, criminal law liberalization, incentive regulation.

Ivasсhenko K. A., Rakhmanova E. N. Ratio of exemptions from criminal liability specified in note 3 to art. 178 of the RF criminal code and the norms of the RF Criminal Code General part. Business. Education. Law, 2019, no. 2, pp. 267–272. DOI: 10.25683/VOLBI.2019.47.244.