C A C U A TO R S
(Law lost validity on the basis of the Law
N 2210-III ( 2210-14 ) from 11.01.2001, VR, 2001, N 12, pp. 64)
On amendments and additions to the Law of Ukraine
" On the limitations of monopolistic and malnutrition
Non-voluntary competition in entrepreneurial
activity "
(Information of the Verkhovna Rada of Ukraine (VR), 1995, N 28, pp. 202)
Verkhovna Rada of Ukraine
Oh, I am. :
Contribute to the Law of Ukraine " On Limits of Monopolistic and
Avoiding unscrupulous competition in entrepreneurial
activities " (
2132-12 ) (Information of the Verkhovna Rada of Ukraine, 1992)
, N 21, st. 296; 1993, N 27, pp. 291; 1995, N 13, pp. 85)
Such changes and additions:
1. In Article 1:
the paragraph of the fourth edition:
" Authorities and Management-Central and Local Authorities
public executive authority, representative bodies and bodies
Local government, public administration
organizations, as well as associations, concerts, interindustry, regional
and other enterprises of businesses performing their functions
management within the limits of delegated authority ";
Add a paragraph to the contents of the paragraph:
"The master subject" (entrepreneur) is a legal entity
regardless of the ownership form of the
production, implementation, acquisition of goods (works, services),
a citizen who exercises independent business activities without
the creation of a legal entity, a group of specified legal and (or)
individuals if one or more of them exercise control over the
others, i.e. have a decisive impact on their economic activities,
Including the adoption of governance decisions on the basis of:
possession of their shares (paes, particles); possession or rights
the use of their assets; rights recorded in the institution
documents or agreements (contracts); matching more than a quarter of the roster
organs of management and (or) the observational councils, etc. "
2. Article 4 shall complement the following new paragraphs:
" setting up a monopoly of high prices (tariffs, times) on
Their goods, which results in a violation of consumer rights;
installation of a monopoly of low prices (tariffs, times) on
your goods, which leads to a limit of competition. "
3. Paragraph 1 of Article 6 of Article 6 shall be read as follows:
" forcing entrepreneurs to join the association, concerts,
interindustry, regional and other union associations, as well as
to prioritize contracts, first delivery
the goods to a certain circle of consumers. "
4. Article 7 complement the paragraph with the following content:
" order, manufacture, placement or distribution of legal
or physical persons of advertising that do not meet the requirements of the
legislation of Ukraine and may harm citizens, institutions,
organizations or the state. "
5. Article 8, paragraph 2 and 3, of Article 8, read:
" 2. Demonopolization of the economy and the development of competition in
Ukraine is provided according to a special programme
is being developed by the Cabinet of Ministers of Ukraine and approved by
Verkhovna Rada of Ukraine.
3. State control of anti-monopoly control
legislation, protecting the interests of entrepreneurs and consumers from its
violations, including the abuse of the monopoly position and
Non-voluntary competition, carried out by the Antimonopoly
The Committee of Ukraine in accordance with its competence. "
6. Article 9 of the session shall be as follows:
"
Article 9. Antitrust Committee of Ukraine
1. Anti-monopoly committee of Ukraine is formed by the Supreme Soviet
Council of Ukraine as part of the Chairman of the Committee and of the Ten
Authorized.
In its activities Antimonopoly Committee of Ukraine
Subordinated to the Cabinet of Ministers of Ukraine and accountable to the
Council of Ukraine.
The Anti-Monopoly Committee of Ukraine forms territorial
branches whose powers are determined by the Committee within its
Competence. The Anti-Monopoly Committee of Ukraine and its territorial
Branch office of the Anti-Monopoly Committee
Ukraine, which is headed by the Chairman of the Committee.
2. The Antimonopoly Committee of Ukraine is governed by the Constitution
Ukraine (
888-09 ), Law of Ukraine " On Antimonopoly Committee
Ukraine ".
3659-12 ), by this Act, by other acts of law
Ukraine as well as international treaties in which the
Ukraine ".
7. Articles 10, 11, 12 to exclude.
8. Articles 13, 14 and 15 are set out as follows:
"
Article 13. Access Information
Hosts (Entrepreneurs), Authorities and Management
and their employees are required to request public
Commissioners, heads of territorial offices of Antimonopoly
the Committee of Ukraine to submit documents, written and oral explanations,
other information necessary for the implementation of Antimonopoly
Committee of Ukraine and its territorial offices
to be predicted by the current legislation.
Article 14. Control of creation, reorganization (merger, etc.)
accession), the liquidation of the host entities
In order to prevent the monopoly of individual
entrepreneurs in the creation market, reorganization (merger,
accession), acquisition of assets, liquidation of the host system
entities, creation of associations, concerts, interindustry,
regional and other associations of enterprises, organ conversion
management in the specified union in cases predicted by the current
legislation is exercised under the terms of the consent of the
Antitrust Committee of Ukraine.
Article 15. Control of particle acquisition (stock, rations)
Business Societies
Acquisition of particles (stock, pai) of economic societies
(an entrepreneur) in cases stipulated by the
by law, is exercised under the terms of the agreement.
"Antimonopoly Committee of Ukraine".
9. In Article 16:
in the paragraph 1 of the word "management" and "order" to replace
According to the words "compartment" and "ordinance";
in paragraph 3 of the word "order" and "management" replace
according to the "ruling" and "departments".
10. Articles 17, 18 to exclude.
11. Articles 19 and 20 are set out in such an editorial:
"
Article 19. Imposing fines on entrepreneurs-legal
Persons
Fines on entrepreneurs-legal persons
Anti-monopoly Committee of Ukraine for:
to conduct the actions prescribed by articles 4 to 7 of this Act,
eviction or untimely execution of decisions
Antitrust Committee of Ukraine and its territorial departments
to the termination of violations of antitrust legislation,
restoring the initial state or change of agreements that contradict this
Law,-up to five percent of the entrepreneur ' s proceeds from
implementation of products (goods, works, services) for the last reporting
the year preceding the year in which a fine is imposed;
non-submission, untimely submission or submission is known
The relevant information of the Anti-Monopoly Committee of Ukraine and its
territorial division-up to half per cent
Entrepreneurs from the realization of products (goods, works,
Services) for the last reporting year preceding the year in which
A penalty is imposed.
In the case of calculating the virus of an entrepreneur not possible, or
the proceeds are missing, the fines are specified in the paragraph of the second of this article,
are imposed on up to ten thousand untax minimums.
the income of the citizens, and the fines marked in the paragraph by the third,-
To the two hundred untax income, the income of the citizens. In
if the entrepreneur worked less than one year, fines
are calculated from the entrepreneur ' s revenue for the time preceding
A violation.
Decision to impose fines in size over four hundred
Non-taxable income minimums of citizens are accepted solely
The Anti-Monopoly Committee of Ukraine at its meetings.
Fifty percent of the fines are counted to state
budget, fifty percent to the target out of the budget fund
Development and Protection of Competition.
Article 20. Administrative responsibility of officers
and citizens who are engaged in business
activities
Government officials and managers, leaders
(credits) of enterprises (associations, economic and
societies, etc.) as well as citizens engaged in business
activities without the creation of a legal entity, carry the administrative
the responsibility of the current legislation for:
Conduct of action provided by articles 4 to 6 of this Act;
non-submission, untimely submission or submission is known
The relevant information of the Anti-Monopoly Committee of Ukraine and its
Territorial separation;
Eviction or untimely execution of decisions
The Anti-Monopoly Committee of Ukraine and its territorial departments.
Penalties are charged in court order. "
12. In the title section VI, the word "orders" should be replaced by the word
"decisions".
Article 23 was set out in this edition:
"
Article 23. Consideration of cases of violations of antitrust
Legislation
The Anti-Monopoly Committee of Ukraine, state authorized,
Administrative Collegium and Territorial Branch of the Committee in
the scope of its competence considering the cases of violations
Anti-monopoly legislation and the results of the review
make decisions in the order stipulated by the current legislation. "
14. Article 24:
in the name and text of the word "orders", "management" to replace
According to "decisions", "branches";
Paragraph 1 after words "have the right" to supplement the words "
thirty days ".
15. Article 25:
in the name and text of the word "orders", "management" to replace
According to "decisions", "branches";
paragraph 2 to complement the sentence of such content: " For every day
The payment of the penalty payment is levied in the amount of half a half
the percentage of the penalty amount ".
President of Ukraine
Um ... Kyiv, 5 July 1995
N 258 /95-VR