Order on the transfer to the federal budget of income received as a result of violation of antimonopoly legislation pursuing an effective solution

The article analyzes the legal institution of orders requiring the transfer of income to the federal budget obtained through violations of antitrust legislation, highlighting its role as a tool combining preventive, suppressive, and restorative functions. The author identifies legal uncertainties stemming from the overlapping application of administrative fines and such orders, as well as challenges linked to the regulator’s subjective discretion. Particular emphasis is placed on the evolution of judicial practice, including positions adopted by the Constitutional Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, and the Supreme Court of the Russian Federation. Despite the potential of these orders as instruments of socio-economic justice, their effectiveness is constrained by legislative gaps and contradictory enforcement practices. The author proposes solutions, including legislative amendments, and underscores the need for a systemic approach to harmonize coercive measures, ensuring a balance between public and private interests.