Shumilo I. Liability for the Violation of Legislation for the Protection of Competition

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0401U002349

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

19-06-2001

Specialized Academic Board

Д 11.170.01

Essay

Object of research: protective legal relationships dealing with the protection of economic competition in business activities. The purpose of research: complex scientific analysis of legal liability for the violation of legislation for the protection of competition; formulation of theoretical constructions/provisions and practical conclusions aimed at the development of the business law theory, improvement of business legislation and law-enforcement practices. Methods of research and equipment: system-structural analysis, analytical-synthetic analysis, comparative analysis, historic-genesis analysis. The theoretical importance consists in reception of complete work, which contains the system analysis of theoretical and practical aspects of juridical responsibility for committing anti-competition violations; concrete propositions on the improvement of the national legislation for the protection of competition have been formulated in the study. For the first time in domestic jurisprudence the definition of competition legal relationships and anti-competition violations have been grounded, their classification has been introduced; complex analysis of legal responsibility remedies for committing anti-competition violations has been performed and approaches to increasing the effectiveness of economic-legal sanctions have been identified; criteria allowing law-enforcement bodies take into account the severity of violation at identifying sanctions, stimulate fair competition practices between subjects of business activities have been introduced. Sphere of use: central law-making governmental bodies; arbitration courts; competition authorities; higher educational institutions.

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