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main » About the Antimonopoly Committee of Ukraine (the AMCU) » Organizational and legal principles of activities




Organizational and legal principles of activities of the Antimonopoly Committee of Ukraine
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Antimonopoly Committee of Ukraine is the state authority with special status, aimed at providing the state protection to competition in the field of entrepreneurial activity.

Peculiarities of the special status of the Antimonopoly Committee of Ukraine are conditioned by it's tasks and authority, including it's role in the competition policy formation, and are determined by the Law of Ukraine “On the Status of the Antimonopoly Committee of Ukraine” and other legislative acts. In particular the above-mentioned peculiarities consist in special order of designation and dismissal of the Chairman of the Antimonopoly Committee of Ukraine, his deputies, state commissioners, chiefs of the territorial offices as well as in special procedural principles of the activities of the Antimonopoly Committee of Ukraine, pledging of social security, protection of personal rights and interests of the employees of the Antimonopoly Committee of Ukraine on equal level with the employees of the law machinery.

Antimonopoly Committee of Ukraine carries out his activities on the grounds of the legislative acts concerning economic competition protection; the Laws of Ukraine “On economic competition protection”, “On the Antimonopoly Committee of Ukraine”, “On protection from unfair competition” are main of them .

The key target of the Antimonopoly Committee of Ukraine is it's participation in formation and application of the Ukrainian competition policy, which is pursued in the following directions:

carrying out the state control over adherence to legislation on economic competition protection, prevention, revelation and cessation of the breach of legislation on economic competition protection;

control of mergers and concerted actions of the subjects of economical activity;

control of regulation of prices (tariffs) for goods of natural monopolies;

contribution to the fair competition development (in particular it includes: interaction with other state authorities, associations of  subjects of economical activity and public organizations in the area of provision the protection and development to economic competition; participation in rule-making activity concerning improvement of legislation in the field of the economic competition protection and adoption, alteration or abrogation of other statutory and legal acts or its' separate provisions, affecting the state of competition in the country as well; international co-operation regarding issues, that belong to the competence of the Antimonopoly Committee of Ukraine);

methodical     provision of legislation application on economic competition protection (consists of generalization and analysis of practice of legislation application on economic competition protection, carrying out an official interpretation of it's own legal and statutory acts and providing recommendation clarifications concerning the application of legislation in the field of economic competition).

Antimonopoly Committee of Ukraine is to be created within composition of the Chairman and ten state commissioners; two first deputies and three deputies of the Chairman of the Antimonopoly Committee of Ukraine are to be designated out of them.

Decisions of the Antimonopoly Committee of Ukraine, which is the superior collective authority in the authority system of the Antimonopoly Committee of Ukraine, are made in the course of it's meetings by the simple majority of votes .

In every region of Ukraine, in the cities of Kyiv and Sevastopol territorial offices of the Antimonopoly Committee of Ukraine are to be created. The above-mentioned offices are legal entities, which carry out the tasks of the Antimonopoly Committee on the regional level.

Antimonopoly Committee of Ukraine and it's territorial offices correspondingly are entitled to create permanently acting and temporary administrative  boards of the Antimonopoly Committee of Ukraine and administrative boards of the territorial offices of the Antimonopoly Committee of Ukraine for consideration of cases, that due to the law belong to its' competence.

The Antimonopoly Committee of Ukraine, administrative boards of the Antimonopoly Committee of Ukraine, state commissioners of the Antimonopoly Committee of Ukraine, administrative boards of the territorial offices of the Antimonopoly Committee of Ukraine constitute the authorities of the Antimonopoly Committee of Ukraine.

Activities of the Antimonopoly Committee of Ukraine is under the control of the President of Ukraine; Committee is accountable to the Supreme Council of Ukraine. President in consent with the Supreme Council of Ukraine designates and dismisses from the appointment the Chairman of the Antimonopoly Committee of Ukraine. First deputies and deputies of the Chairman of the Antimonopoly Committee of Ukraine are to be designated and dismissed from their appointments by the President of Ukraine on proposal of the Prime Minister of Ukraine. The proposal is made on the grounds of the suggestions of the Chairman of the Antimonopoly Committee of Ukraine.

In accordance with the article 19 of the Law of Ukraine “On the Antimonopoly Committee of Ukraine” in the course of fulfilment of the tasks of the Antimonopoly Committee of Ukraine it's officials and officials of it's territorial offices are guided by the legislation on economic competition protection. They are independent from the state authorities, local authorities, their officials and subjects of economical activity, political parties and other associations or their bodies. Interference of the above-mentioned subjects into the activities of the Antimonopoly Committee of Ukraine  and it's territorial offices is prohibited with the exception of  the cases, determined by the Ukrainian
 laws.

Now the key target of the Antimonopoly Committee of Ukraine includes not only formal elimination of monopolism but the efficient competitive circumstances creation as well. Circumstances,  able to provide stable economic growth and enhance the people's scale of living.

Within the framework of its procuration the Committee supervises the activities of enterprises of all  types of ownership, state and local authorities, activities of foreign entrepreneurs in Ukraine as well.

Committee is entitled to make decisions concerning abatement of the competition legislation breach, which are obligatory for enterprises and state authorities, to allow or prohibit concerted actions in the market, to impose fines or apply other sanctions with respect to the breakers of  the rules of fair competition.

Antimonopoly Committee is not only the authority, which  penalizes the law breakers in the field of competition. First of all it is the partner for entrepreneurs, who follow fair customs in their activities and aid for those people, who remained face to face with the arbitrary rule of monopolists and need assistance. 

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You can download a Profile of AMCU below (May 2004):
Part 1
Part 2
Part 3
Part 4

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Address

Antimonopoly Committee of Ukraine
vul. Urytskoho 45
03035 Kyiv, Ukraine
tel: +380-44-2516262
fax: +380-44-5200325
chancellery: +380-44-2516240 e-mail: mail@amc.gov.ua


Created by "Softline" (Ukraine)
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