Ilushchenko A. Economic and legal regime of economic concentration

Research object: relations, arising up between the subjects of management, and also between the subjects of management and organs of the Antimonopoly committee of Ukraine in the process of realization and state sanctioning of economic concentration. Research purpose: perfection of theoretical bases of economic legal adjusting of concentration of management subjects, development and ground of suggestions on a change and addition of antimonopoly-competition legislation of Ukraine with the purpose of his modernization and increase of efficiency of antimonopoly control after an economic concentration. Research methods: dialectical, analyticale synthetic, comparatively-legal, historical, system-structural, legalistically-logical, logical legal. Theoretical and practical value: can be drawn on results at perfection of legislation about an economic concentration and his adaptations to the standards of competition right for EU. Offered changes and addition in the Economic code of Ukraine and Laws of Ukraine "On defence of economic competition", "About holdings companies in Ukraine" were considered and acknowledged structural in Committee of Verkhovna Rada of Ukraine on questions of justice. Drawn on results in activity of joint-stock Company the "Nauchno-proizvodstvennoe association "Orbit"; in the educational process of State higher educational establishment the "National mountain university". Scientific novelty: It is proved the necessity of improvement of the terminological apparatus of the legislation about economic concentration, also is grand the legal definition of concentration of the subjects of managing, qualified concentration of the subjects of managing, acquisition, connected persons. Author analyzes the legal regime of the modes of realization of the economic concentration. She offers to classify economic concentration depending on presence of the attitudes of dependence between its members on two basic forms: merger (complete and incomplete) and acquisition (complete and incomplete). It is systematized the modes of taken of the control by one or several subjects of managing above one or several subjects of managing or parts of the subjects of managing. The offers on improvement of the mechanism of practical application of norms of the legislation about economic concentration are brought in. The problems of legal maintenance of the antimonopoly control behind concentration of the subjects of managing are analyzed and the necessity of modernization of the antimonopoly-competition legislation about the economic concentration and its directions is grounded. Sphere of the use: subjects of initiation of bill; organs of the Antimonopoly committee of Ukraine; higher educational establishments.