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