The antimonopoly authority’s order to transfer illegally obtained Income to the federal budget: problems of theory and law enforcement in the classical and digital markets

Abstract

The article is devoted to the analysis of the legal nature of the regulation on the transfer to the federal budget of income received as a result of violations of antimonopoly legislation, and the procedure for its issuance by antimonopoly authorities in connection with an administrative fine “for turnover”. The author concludes that the type of court order in question is by its nature close to legal liability and cannot be assessed as a compensatory measure. In this regard, the importance of this type of regulation for the commission of anticompetitive practices by business entities operating in commodity markets, as well as those owning digital platforms, is substantiated, including in cases where the antimonopoly authority, guided by the rules provided for by the Code of Administrative Offences of the Russian Federation, cannot determine the amount of a revolving fine and in those cases in cases where a fixed fine does not comply with the principle of proportionality of the administrative penalty.