Legal Aspects of Escape from Criminal Liability for Cartelists in Russia
| Date | 01 June 2012 |
| Published date | 01 June 2012 |
| Author | Elena A. Kremyanskaya |
| DOI | 10.1177/203228441200300206 |
| Subject Matter | Conference Paper |
New Journal of Eu ropean Crimina l Law, Vol.3, Issue 2, 2012 175
LEGAL ASPECTS OF ESCAPE FROM CRIMINAL
LIABILITY FOR CARTELISTS IN RUSSIA
“ e pe rson that hides his sins shall no t prosper, but those
who confess and forsake th em shall have mercy.”
e Holy Bible
E A. K*
ABSTRACT
e article is based on the conference speech made by the author dur ing the “Per Se
Cartel O ences – Legitimacy and Utility of Criminal S anctions?” conference, organized
by the University of Luxembourg on the 23rd and 24th March 2012 and covers current
cartel regulations in Russia, administrative and criminal liability for cartelists and
aspects of escape f rom criminal liability.
Keywords: cartel regulations in Russia; criminal l iability for car tels; escape from
criminal l iability for cartelists; Russia n competition law
1. BACKGROUND
Participation in cartels is a serious cr iminal violation in Russia. is stor y goes back
to the middle of the 19th century, when imprisonment as a criminal punishment for
the collusion, deal or other ag reement of sellers on price increases was adopted in law.
A de nition of “cartel” appeared i n Russian law only at the very end of 2011, with
new amendments to the set of competition laws.
Looking into t he modern period of life in Russia, in 1996 a new ar ticle appeared
in the Crimina l Code providing for the punishment of coordinated act ivity, however
for almost 8–10 years it was a “sleeping clause” due to some historical peculiarities
of the development of the Russian economy, which throughout the Sov iet period was
a planned economy, with the State as sole coordinator of the ac tivities of
* PhD in Law, Associate P rofessor, Moscow State Institute for I nternational Relations (Unive rsity).
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