Korchak, N.N. Doctrine of «behavior approach» to guilt when establishing subjective conditions for the responsibility in the sphere of competition

Abstract: Application of responsibility measures for the violations of competition legislation is closely connected with establishing the guilt of the offender. The civilist doctrine provides for both psychological (subjective) and behavior-related (objective) understanding of guilt. Taking into account the objective circumstances provided for by the competition law, presumption of guilty behavior applies in this sphere. The doctrine of behavior approach to understanding of law in the competition legislation may be described as an algorithm (act — causality — result). The economic judicial practice proves the practical expediency of application of the behavior approach to establishing the subjective elements for the application of responsibility in cases of competition offences. Appearance or possibility of appearance of negative consequences for the competition may show the negligent form of guilt, when a person could and should have taken into account and prevented the negative consequences. Unlike the subjective understanding of guilt, the doctrine of «behavior approach» establishes that guilt is a form of violation of the principles of good faith, reasonability and justice in the sphere of competition by its participants, as well as violations of fair business practices in economic sphere.

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