Том 7 (2022), № 2-3, с. 164–171

[ JURIDICAL SCIENCES ]

Article (file: pdf, size: 332 KB, downloads: 201)

Abstract:

The problematic issues of defining the concept of “competition” are considered. The main approaches to the definition of competition are singled out — a behavioral model, a structural and functional approach to determining the category of competition, a value-network concept. You can define competition through the categories of state, process, behavior, means. The following properties of competition are singled out: the inherent opposition of the subjects of economic relations; constant change in the competitive environment; development stages of competitive relations. It is concluded that competition is a multifaceted phenomenon that reflects the way economic entities interact, and is distinguished by the properties of adaptability, variability and persistence. As a legal phenomenon, competition accumulates means of regulating the behavior of market participants. The following signs of competition as a legal phenomenon are indicated: the ability of competition to act as a social regulator; competition is linked to the presumption of freedom of economic activity; competition is a providing mechanism for the realization of the rights and interests of consumers; competition is a means of ensuring the independence of market participants and their competitiveness; competition involves the prohibition of the abuse of law, cartel agreements. The conclusion is substantiated that the subject composition of unfair competition is subject to expansion by including public authorities, local governments, organizers of auctions, as well as self-employed citizens. Special attention should be paid to the study of the business reputation of economic entities, which is currently a strategic resource and provides a long-term competitive advantage.

Keywords:

entrepreneurial law; competition; protection of competition; abuse of the right; unfair competition; competitive

Authors:

Aleksandr A. Pakharukov, Kamilla A. Faizieva
Irkutsk National Research Technical University, Irkutsk, Russian Federation

For citation:

Pakharukov A.A., Faizieva K.A. (2022) Theoretical aspects of the concept of “competition”. Sotsial’naya kompetentnost’ = Social Competence. Vol. 7. No. 2-3. P. 164-171. (In Russ.)

References

1. Blaug M. (1994) Economic thought in retrospect. Moscow: Сase, 687 p. (In Russ.)
2. Gorodov O. A. (2007) On the concept of unfair competition. Izvestiya vysshikh uchebnykh zavedeniy. Pravovedeniye = News of higher educational institutions. Jurisprudence. No. 6. P. 29-40. (In Russ.)
3. Marshall A. (1993) Principles of economic science. Moscow: Progress. 414 p. (In Russ.)
4. Novikov M. V. (2015) Competitive relations as a subject of civil law. Vestnik Saratovskoy gosudarstvennoy yuridicheskoy akademii = Bulletin of the Saratov State Law Academy. No. 3. P. 111-114. (In Russ.)
5. Polusmakova N. S. (2011) Development of the concepts of competition: an evolutionary approach. Vestnik Volgogradskogo gosudarstvennogo universiteta. Seriya 3: Ekonomika. Ekologiya = Bulletin of the Volgograd State University. Series 3: Economy. Ecolo-gy. No. 1. P. 13-19. (In Russ.)
6. Smith A. (1993) Research on the nature and causes of the wealth of peoples. Moscow: Nauka. Vol. 1. 569 p. (In Russ.)
7. Stigler J. (1999) Perfect competition: a historical perspective. Vehi jekonomicheskoj mysli = Milestones of economic thought. Saint Petersburg: Jekonomicheskaja shkola. P. 299-328. (In Russ.)
8. Syrykh V. M. (2012) History and methodology of legal science. Moscow: Norma: INFRA-M. 464 p. (In Russ.)
9. Totiev K. Yu. (2011) The concept of “competition” in the antimonopoly legislation. Khozyaystvo i pravo = Economy and law. No. 2. P. 60-68. (In Russ.)
10. Shram D. V. (2019) Methodological problems of the analysis of unfair competition as one of the forms of civil law abuse. Yevraziyskiy yuridicheskiy zhurnal = Eurasian Law Journal. No. 2. P. 183-186. (In Russ.)
11. Schumpeter J. A. (1982) Theory of economic devel-opment: (Research of entrepreneurial profit, capital, credit, interest and the cycle of the conjuncture). Moscow: Progress. 455 p. (In Russ.)