LEGAL PROTECT OF COMPETITION IN THE SPHERE OF HOUSING AND COMMUNAL SERVICES

Resumo

The paper is devoted to the analysis of legal problems of ensuring competition in the field of housing and communal services. The paper studies the features of business relations in the market of housing and communal services. The Russian and foreign experience of law enforcement of competition is investigated. The authors propose ways to build an effective mechanism for the legal regulation of business activities in the field of housing and communal services. R.R. Izmailov believes that the presence of competition is a prerequisite for the effective functioning of the legal regulation mechanism for entrepreneurial activity in the field of housing and communal services. The authors conclude that the problems of improving the legal support of competition in the housing and communal services sector are due to a high level of historically established economic concentration in certain commodity markets, as well as a significant proportion of natural monopoly entities. It is noted that monopolistic activity in the sphere of housing and communal services can manifest itself in the form of abuse by an economic entity of its dominant position, as well as in the form of agreements and concerted actions. According to S.A. Baryshev, unfair competition as a type of activity prohibited by law can manifest itself in the field of housing and communal services in various forms. It is proposed to attract concessionaires as one of the ways to develop competition in the housing and communal services sector, including by transferring communal facilities to the management of private operators on the basis of concession agreements, as well as improving the procedure for determining tariff regulation in the housing sector.