Socio-economic development of Ukraine - Статья

In turn, the concessionaire (subject to the signing of the concession contract and the payment of concession) disposes of the object of state or municipal property without permission and gets some profit from it. Competitive policy in our country is a complex of organizational and legal measures aimed at the development and protection of competition, monopolistic tendencies and overcome the unfair competition in Ukraine, the regulation of natural monopolies, promotion of financial, technical, information, innovation, advisory and other support entities that provide competition and development is carried out by authorized state bodies, local authorities and bodies of administrative management and control. State regulation of economic competition is carried out through a system of measures taken by the Antimonopoly Committee of Ukraine. Analysіs of recent researches and publіcatіons. Implementation research the substantive direction necessitated recourse to developments of scientists who studied some aspects of the Antimonopoly Committee of Ukraine. In particular, protection of competitive relationships studied L.Bila, A. Bakalinska, Y. Zhuryk, N. Korczak, S. Kuzimina, A. Chernelevska, I. Shumilo and others; general problems of regulatory impact on the state s economy looked A. Andriiko, L. Voronov, T. Kravtsov, A. Oleschenko and others. Thus, in the present research on administrative law issues of administrative and legal status of the Antimonopoly Committee of Ukraine studied fragments, hence the need for the implementation of a comprehensive scientific analysis. In addition, the contradictions in the existing antitrust law determines the need for systemic changes in the formation of laws and regulations. Prevіously unsettled problem constіtuent. The organs of the Antimonopoly committee (farther - to Committee) begin consideration of businesses about violation of legislation about defence of economic competition after grounds certain the article of a 36 Law of UkraineAbout defence of economic competition(farther is Law) [1].The process of realization in matters about violation of competition legislation consists of such stages: raising action, investigation in business, decision-making, implementation of decision, verification of decision and second thought. Maіn purpose of the artіcle. In this scientific article it is identified the basic legal norms that are applied by the bodies of the Antimonopoly Committee of Ukraine about the regulation of competition. Legal norms stipulate application of and compliance with the procedural fundamentals. This is an important element of the participants equality principle during investigations and considerations of cases on competition law violation. Results and dіscussіons. A legislation about defence of economic competition, in accordance with the article of 3 Laws, consists of Laws of Ukraine About defence of economic competition [1], About the Antimonopoly committee of Ukraine [2], About protecting from an unfair competition [3]etc. Judicial norms of divisions of VI-IX of Law regulate realization in matters about violation of legislation about defence of economic competition, that is statutory and by Law About defence of economic competition [1], About protecting from an unfair competition [3]. At the same timethe lawAbout protecting from an unfair competition [3] contains the separate special judicial norms that set the features of realization in matters about an unfair competition. Separate judicial norms, that explain the judicial norms of the marked Laws, set by Rules of consideration of businesses about violation of legislation about defence of economic competition [4], ratified by the order of the Antimonopoly committee of Ukraine from April, 19, 1994 №5, registered in Ministry of Justice of Ukraine on May, 6, 1944 after № 90/299, in the release, ratified by the order of the Antimonopoly committee of Ukraine from June, 29, 1998 №169-р. with next changes and additions.Article 35. Consideration of businesses is about violation of legislation about defence of economic competition. 1. Consideration of businesses is about violation of legislation about defence of economic competitionbegun with the acceptance of order about beginning of trial of business and closesby a decision-making in business. 2.At the trial of business about violationof legislationabout defenceof economicto the competition organs of the Antimonopoly committee of Ukraine:collect and analyse documents, conclusions of experts, explanation of persons, other information that is proof in business, and make decision in business within the limits of the plenary powers; get explanations of persons, that participate in business, or any persons, after their solicitor or on own initiative. An order about beginning of trial of business about violation of legislation about defence of economic competition is a judicial document(by a judicial form), is the initial stage of competition process, the aim of that