LEGAL PROBLEMS OF PROTECTION AGAINST UNFAIR COMPETITION IN THE SPHERE OF HOUSING AND COMMUNAL SERVICES
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178167Abstract
Abstract. The article is devoted to the analysis of legal problems of protection against unfair competition in the sphere of housing and communal services. The article examines the specifics of business relations in the market of housing and communal services. We studied the Russian and foreign experience of legal protection against unfair competition. We proposed the ways to build an effective mechanism for the legal regulation of entrepreneurial activity in the sphere of housing and communal services. Izmailov R.R. believes that the formation of an effective mechanism for the legal regulation of entrepreneurial activity in the sphere of housing and communal services is impossible without creating a competitive environment for all subjects of this activity. The authors conclude that unfair competition, as a
type of activity prohibited by law, can manifest itself in relations connected with the sphere of housing and communal services in various forms. According to Baryshev S.A., the main types of the acts of unfair competition committed in the sphere of housing and communal services include: 1) deception of homeowners and tenants regarding the organization providing housing maintenance services; 2) deception of homeowners and tenants regarding prices and tariffs for the housing maintenance services; 3) actions that are not explicitly indicated in Chapter 2.1 of the Law on Competition Protection, including actions that are expressed in non-provision of technical documentation on the premises served by the competitors. Baryshev S.A. proposed to develop a legislative mechanism to ensure the transfer
of documentation from one management company to another, as well as simplify the procedure for determining tariff regulation in the sphere of housing and communal services as one of the ways to prevent the acts of unfair competition.
Key words: unfair competition, housing and communal services, management of apartment houses, suppliers
of communal resources, business law.
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