Problems of anti-monopoly control over the provision of public easements

Abstract

Importance: study of the practice of antimonopoly control over the consideration by authorities of applications for the establishment of a public easement. Purpose: analysis of the features and complex aspects of antimonopoly control over the provision by government authorities of a public easement in relation to a land plot. Research design: currently, the practice of antimonopoly control over the provision of public easements is in its infancy, searching for an appropriate mechanism for regulating these legal relations. At the same time, the universal norms of the Federal Law of July 26, 2006 № 135-FZ «On the Protection of Competition» in this area are an effective tool for preventing, limiting and eliminating competition on the part of state authorities and local governments. Results: the norms of the Federal Law of July 26, 2006 № 135-FZ «On the Protection of Competition» are applicable to legal relations for establishing a public easement, regarding the responsibility of authorities for preventing, limiting and eliminating competition, while the place, role and specified legal provisions in the procedures under study require careful study and specification. In the area of establishing a public easement and antimonopoly control, systemic legislative and organizational changes are needed to simplify the procedure for applying to the competent authorities for registration of a public easement, to delimit the competence of local governments, executive and judicial authorities in this area, as well as to regulate the protection mechanism in more detail violated rights.