Bakalinskaya O. Law regulation of fair competition in Ukraine: the problems of theory and application

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0515U000291

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

27-03-2015

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The dissertation is dedicated to economic-legal research of theoretical problems of law regulation of fair competition in Ukraine. Herewith the doctrinal approaches for the definition of "fair competition" and "fairness of competitive behavior", criteria for the assessment thereof are proposed; the peculiarities of application of the bona fide principle to competition relations are explored and analyzed; the problems and the tendencies of governmental and non-governmental regulation of the economic competition phenomena in Ukraine; the connection between the notions of fair and unfair competition in the context of the models of protection of the market players against unfair competition of Ukraine, Germany and France; the problems of qualification and systematization of certain types of unfair competition, were proved and hereby the model of complex systematization of economic competition legislature was proposed; the directions of the improving of the state regulation of the protection against unfair competition were detected; the necessity of extending of the sphere of self-regulation for the economic competition individuals' rights protection against unfair competition.

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