Valitov S. Formation and development of antimonopoly-competition legislation of Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0510U000848

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

15-11-2010

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: public relations of the state and management subjects in the field of development and defence of economic competition. Research purpose: creation of the scientifically grounded conception of becoming and development of antimonopoly-competition right as subindustries of economic right for Ukraine, forming of theoretical positions and conclusions in relation to directions of perfection of the legal adjusting of economic competition taking into account the requirements of modern legal economic order. Research methods: dialectical, historical, comparatively-legal, system-structural, logic-legal. Theoretical and practical value: consists in expansion of methodological base of economic and legal researches, including in going near cognition of essence of antimonopoly-competition right. Dissertation job performances are inculcated in activity: Antimonopoly committee of Ukraine; Center of complex researches on questions of antimonopoly policy of the Antimonopoly committee of Ukraine; to Donetsk regional state administration; Committee on questions of justice of Verkhovna Rada of Ukraine; in the Donetsk national university of MON of Ukraine at teaching of educational discipline the «Competition right for Ukraine». Scientific novelty: on the basis of research of commercial relations, which affect economic competition, the nature of antimonopoly-competition legislation as complex segment of commercial law, subject and the method of legal regulation of competition have been determined. The special features of competition legal regulation mechanism and antimonopoly-competition legislation evolution have been scrutinized in the European choice context, taking into consideration economic and historical peculiarities. The propositions as to harmonization of the Ukrainian Commercial Code norms and special antimonopoly-competition legislation have been developed. The place of market and monopolies in the legislation system on economic competition protection has been determined; common and private prohibitions of monopoly (dominant position) abuse on the market and anticompetitive concerted practices of commercial undertakings, anticompetitive activities of state authorities, unfair competition have been researched. The questions of legal regulation of concerted practices and concentration of commercial undertakings, activity of the Ukrainian Antimonopoly committee bodies have been examined. Sphere of the use: subjects of initiation of bill; organs of the Antimonopoly committee of Ukraine; public and local self-government authorities; management subjects; higher educational institutions.

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