ESTABLISHED TODAY BY THE VERKHOVNA RADA MORATOTIUM ON EXAMINATION DOES NOT APPLY TO REQUIREMENTS OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

Today the Verkhovna Rada of Ukraine adopted the Law “On peculiarities of interim measures of state monitoring (enforcement) of economic activity”. The law provides to set to December 31, 2017 a moratorium on the bodies of state monitoring (enforcement) for the planned measures of state monitoring (enforcement) of economic activity (№3153).

According to the Law, ” to 31 December, 2017 unscheduled activities of state monitoring (enforcement) are carried out by state monitoring (enforcement) bodies:

1) With the approval of the central executive body, which implements state regulatory policy, policy concerning monitoring (enforcement) of economic activity, licensure and licensing system of monitoring (enforcement) of economic activity and deregulation of economic activity;

2) Upon entity’s written application in competent authority of state monitoring (enforcement) about delivering of output in state monitoring (enforcement) by entity’s request;

3) Through the court proceeding;

4) If any accidents or victim’s death as a result of an accident, which was related to the entity’s activity.

WITH THAT, THE BELOW SHOULD BE POINTED OUT.

Inspections and requests for the information are different and not identical established by law authorities of the Antimonopoly Committee of Ukraine.

According to paragraph 5 of the first article of the 17 Law of Ukraine “On the Antimonopoly Committee of Ukraine”, the Antimonopoly Committee of Ukraine has the authority in considering applications and cases of violation of legislation on economic competition protection, inspection and other cases stipulated by law, to require the entity, associations, government bodies, local self-government, bodies of administrative management and control, their officials and employees, and other individuals and entities for information, including sensitive ones.

According to the first paragraph of the 22 Law of Ukraine “On the Antimonopoly Committee of Ukraine”, the requirements of the Antimonopoly Committee of Ukraine are compulsory to certain terms.

By implication of the first paragraph of the 221 Law of Ukraine “On the Antimonopoly Committee of Ukraine”, entities are required at the request of the Antimonopoly Committee of Ukraine to submit documents, items or other data mediums, explanations, other information, including the sensitive one and bank secrecy, necessary for the performance of the tasks of the Antimonopoly Committee of Ukraine stipulated by the legislation on protection of economic competition.

Legal precedents show that the obligation to provide information at the request of the Antimonopoly Committee of Ukraine should be performed by an entity regardless of whether a body of the Committee launched a case of violation of legislation on economic competition protection. Information may be claimed as when considering applications, during the proceedings and in other cases provided by law.

The requirement of the Antimonopoly Committee of Ukraine does not apply to scheduled or unscheduled inspections on the compliance with the law on protection of economic competition.

So! When your company receives requirements from the Antimonopoly Committee of Ukraine, you must provide documents, items or other data mediums on the request during the time identified the body.

Entities are not denied in the opportunity to address with a motivated request to clarify the requested documents or about the time extension for reporting the information, justifying the necessity of such rescedule.

Recomended Posts

Leave a Reply