JUDICIAL PROTECTION OF ECONOMIC COMPETITION AND RESTRICTIONS OF MONOPOLISM IN UKRAINE

Abstract

The article examines the judicial protection of economic competition and the restriction of monopoly in Ukraine. On the way to Ukraine’s transition to new economic institutions, there is a need to create new relationships between different business entities. International standards require the introduction and continuous improvement of the mechanism of judicial protection of economic competition and the restriction of monopoly in Ukraine, which is the basis of the protection mechanism and ensure the restoration of violated rights of both entrepreneurs and consumers. Today in Ukraine, the lack of real planning in the economic sphere leads to the absence of such production, unemployment and other negative processes in the economic sphere. It is determined that business entities have the right to appeal to the court against the decision of any public authority or local government body to apply administrative and economic sanctions to it. If a state authority or local self-government body adopts an act that does not comply with the law and violates the rights or legitimate interests of the business entity, the latter has the right to apply to the court to declare such an act invalid. It was found out that the court enforces the decisions of the Antimonopoly Committee of Ukraine, such as the application of fines and penalties accrued on the unpaid amount of the fine. In addition, the law stipulates that the state commissioner of the Antimonopoly Committee of Ukraine, the head of the territorial branch of the Antimonopoly Committee of Ukraine or their authorized employees of the Antimonopoly Committee of Ukraine, its territorial branches have the right to get acquainted with these cases and receive copies. The Antimonopoly Committee of Ukraine and its territorial branches have the right to intervene as third parties who do not make independent claims on the subject of the dispute, if the decision may affect their rights and responsibilities in exercising state control over the protection of economic competition. Judicial protection of economic competition and restriction of monopoly in Ukraine is a highly specialized area based on a set of administrative, economic, commercial, civil and commercial law to restore the violated right, protection and defense of violated rights of both entrepreneurs and consumers.