Pasichnyk V. Administrative and legal support of economic competition in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102418

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

14-05-2021

Specialized Academic Board

Д 26.062.16

National Aviation University

Essay

The thesis is concerned with the systematic study of administrative and legal support of economic competition in Ukraine. The author stuied the economic competition in Ukraine as an object of administrative and legal support in the field of business activity with the participation of economic entities of Ukraine and in the field of foreign economic activity with the participation of foreign economic entities. Approaches to definition of the concepts of economic competition, unfair competition, fair competition, custom/business custom with regard to the characteristics of administrative and legal relations, as well as anticompetitive performance in economic competition, including in the field of foreign economic activity were analysed. The concept and the essence of administrative and legal support of economic competition in Ukraine are revealed. The author's definition of administrative and legal support of economic competition in Ukraine as the activity of subjects of power is formulated and substantiated, which involved creating conditions for facilitating development, support, security and protection of economic competition, effective performance of Ukrainian economy, monopoly restriction, protection of subjects of economic activity and consumers from anti-competitive actions, establishment and development of fair business practices by means of administrative measures. Regulatory framework for administrative legal support of economic competition in Ukraine is considered. The author's definition of the regulatory framework for support of economic competition in Ukraine is proposed. It is stated that the legal basis for economic competition in Ukraine is the Constitution of Ukraine, international, intergovernmental, interdepartmental agreements, agreements of Ukraine with other foreign countries, international legal acts ratified by Ukraine, legislative acts of Ukraine, as well as bylaws of Ukraine. The scope of subjects of administrative and legal support of economic competition in Ukraine is outlined. It was concluded that the system of subjects of administrative and legal support of economic competition in Ukraine consists of subjects of power of general competence, carrying out exclusively regulatory activities in the field of economic competition and subjects of power of special competence, carrying out public authoritative management activities related to the support, security and protection of economic competition, restriction of monopoly in economic activity and protection of economic entities from anti-competitive actions in economic competition. Administrative procedures in the field of economic competition in Ukraine are highlighted. In particular, the proceedings in cases of violation of legislation on the protection of economic competition, anti-dumping procedure, anti-subsidy procedure, special procedure, procedure for granting concentration permission to economic entities, procedures for granting permission for concerted actions to economic entities, procedures for providing preliminary opinions on concerted actions, procedures for providing preliminary opinions on the concentration, procedures for providing conclusions on the possibility of renting an integral property complex of the enterprise were analysed.

Files

Similar theses