LEGAL PROTECT OF COMPETITION IN THE SPHERE OF HOUSING AND COMMUNAL SERVICES
DOI:
https://doi.org/10.22478/ufpb.2179-7137.2019v8n6.49207Palavras-chave:
protection of the competition, housing and communal services, management of apartment houses, suppliers of communal resources, business law, legal problems.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.Downloads
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Referências
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R.R. Izmailov, S.A. Baryshev. Legal problems of protection against unfair competition in the sphere of housing and communal services // National Academy of Managerial Staff of Culture and Arts Herald. - 2018. - № 3(2). - 2018. - P. 48-51
Research Handbook on International Competition Law. Edited by Ariel Ezrachi. Cheltenham Edward Elgar Publishing. – 2012. – 616 pp.
Thomas J. DiLorenzo. The Rhetoric of Antitrust. Center for the Study of American Business, Washington University, 1986. – 12 p.
Renato Nazzini. The Foundations of European Union Competition Law: The Objective and Principles of Article 102. (Oxford Studies in European Law) OUP, Oxford, 2011. – 488 p.
Frauke Henning-Bodewig. Unfair Competition Law: European Union and the Member States. Kluwer Law International B.V., 2006. – 251 p.
Izmailov R.R. Regulators of entrepreneurial activity in the sphere of housing and communal services // Scientific notes of Kazan University. Series "Humanities. - 2017. - V. 159, book 2. - p. 479 - 490.
A.N. Varlamova. Legal support for the development of competition: a training manual. - M. - Statute. - 2010. - 301 p.
A.V. Mikhailov. Methods of legal regulating the relations with the participation of entrepreneurs // obligation. - 2012. - V. 154, book 4. - pp. 119-126.
M.A. Yegorova. Unfair competition as a type of legal prohibition per se // Law and Economics. - 2018. - № 1. - pp. 30 - 34.
S.A. Baryshev. Problems of identifying signs of unfair competition in the acquisition and use of exclusive rights to the means of individualization. Bulletin of Economics, Law and Sociology. - 2015. - №2. - pp. 108-112.
R.R. Izmailov, S.A. Baryshev. Legal problems of protection against unfair competition in the sphere of housing and communal services // National Academy of Managerial Staff of Culture and Arts Herald. - 2018. - № 3(2). - 2018. - P. 48-51
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Publicado
2019-11-26
Como Citar
R. IZMAILOV, R. .; A. BARYSHEV, S. . LEGAL PROTECT OF COMPETITION IN THE SPHERE OF HOUSING AND COMMUNAL SERVICES. Gênero & Direito, [S. l.], v. 8, n. 6, 2019. DOI: 10.22478/ufpb.2179-7137.2019v8n6.49207. Disponível em: https://periodicos.ufpb.br/ojs/index.php/ged/article/view/49207. Acesso em: 19 nov. 2024.
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