Trubinova, E.I. The place of unfair competition acts in the system of legal facts in the Russian civil law

Abstract: The phenomenon of convergence of private and public law systems is quite graphically manifested in the construction of unfair competition, and its theoretical cognition is possible only once its place within the system of legal facts of civil law is established. It follows from the scientifically provided elements of relevant acts and definitions of unfair competition that understanding of unfair competition as a legal fact is non-uniform, and it provides for a number of statements: 1) unfair competition is abuse of a subjective right; 2) unfair competition is an offence; 3) unfair competition is a manifestation of legal liability. Unfair competition acts as legal facts of civil law serve as a type of non-permitted acts, namely, offences, and the construction of abuse of right by an economic subject holds a special place within this structure. Establishing the place of acts of unfair competition within the system of legal facts of civil law is of significant practical importance, since it allows to establish whether the general regulatory norms should apply to this construction, and to define the contents of such norms. The materials provided in this article allow to establish the place of acts of unfair competition within the system of legal cats of civil law as a type of non-permitted activities, namely, offences, especially for the abuse of right by an economic subject.

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