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LAW OF UKRAINE

of November 26, 1993 No. 3659-XII

About the Antimonopoly Committee of Ukraine

(as amended on 30-06-2021)

Chapter I. General provisions

Article 1. Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine is state body with the special status which purpose of activities is ensuring the state protection of the competition in business activity and in the sphere of public purchases.

Features of the special status of the Antimonopoly Committee of Ukraine are caused by its tasks and powers, including role in forming of competition policy, are determined by this Law, other acts of the legislation and consist, in particular, in special procedure for appointment and release of the Chairman of the Antimonopoly Committee of Ukraine, his deputies, the state representatives of the Antimonopoly Committee of Ukraine authorized on consideration of claims about violation of the law in the sphere of public purchases, chairmen of territorial departments of the Antimonopoly Committee of Ukraine, in the special procedural principles of activities of the Antimonopoly Committee of Ukraine, provision of social guarantees, protection of personal and property rights of employees of the Antimonopoly Committee of Ukraine at the level with employees of law enforcement agencies in work payment terms.

Article 2. Submission to control, accountability and openness of activities of the Antimonopoly Committee of Ukraine

Antimonopoly Committee of Ukraine under control to the President of Ukraine and accountable to the Verkhovna Rada of Ukraine.

The part two is excluded according to the Law of Ukraine of 03.12.2020 No. 1052-IX

The Antimonopoly Committee of Ukraine promulgated information and provides information on requests according to the Law of Ukraine "About access to public information".

Article 3. Tasks of the Antimonopoly Committee of Ukraine

The main objective of the Antimonopoly Committee of Ukraine is participation in forming and realization of competition policy in part:

1) implementation of the state control of compliance with law about protection of the economic competition on the principles of equality of subjects of managing before the law and priority of the rights of consumers, the prevention, identification and the termination of violations of the law about protection of the economic competition;

2) control of concentration, coordinated actions of subjects of managing and observance of requirements of the legislation on protection of the economic competition during price regulation (rates) for goods which are made (are implemented) by subjects of natural monopolies;

3) assistance to development of fair competition;

4) methodical ensuring application of the legislation on protection of the economic competition;

5) control on creation of competitive environment and protection of the competition in the sphere of public purchases;

6) carrying out monitoring of government assistance to subjects of managing and control of admissibility of such help for the competition.

Article 4. Basic principles of activities of the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine builds the activities on the principles:

- legality;

- publicity;

- protection of the competition on the principles of equality of physical persons and legal entities before the law and priority of the rights of consumers.

Article 5. Legislation on the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine performs the activities according to the Constitution of Ukraine, the laws of Ukraine "About protection of the economic competition", "About protection against unfair competition", "About government assistance to subjects of managing", this Law, other laws and regulatory legal acts adopted according to these laws.

If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

In this Law the corresponding terms are understood in the values determined by the Law of Ukraine "About protection of the economic competition".

In this Law the term "legislation on protection of the economic competition" is understood in the value determined by article 3 of the Law of Ukraine "About protection of the economic competition".

Chapter II. Structure, competence and organization of activities of the Antimonopoly Committee of Ukraine

Article 6. System of bodies of the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine is formed as a part of the Chairman and eight state representatives.

The chairman of the Antimonopoly Committee of Ukraine has the first deputy and the vice-chairman of the Antimonopoly Committee of Ukraine who are appointed from among the state representatives. In case of need for ensuring implementation by the Antimonopoly Committee of Ukraine of separate tasks according to the decision of the President of Ukraine in the Antimonopoly Committee of Ukraine the position of the vice-chairman of the Antimonopoly Committee of Ukraine is in addition entered.

The Antimonopoly Committee of Ukraine forms territorial departments, and in case of need performs their reorganization or liquidation.

The Antimonopoly Committee of Ukraine and its territorial departments constitute themselves system of bodies of the Antimonopoly Committee of Ukraine which is headed by the Chairman of Committee.

The Antimonopoly Committee of Ukraine, its territorial departments are legal entities, have the current and supplementary (deposit) accounts in organizations of bank, seal with the image of the State Emblem of Ukraine and the name.

The Antimonopoly Committee of Ukraine, administrative boards of the Antimonopoly Committee of Ukraine, the Commission (commissions) on consideration of claims about violation of the law in the sphere of public purchases, the state representatives of the Antimonopoly Committee of Ukraine, representatives for consideration of claims about violation of the law in the sphere of public purchases, administrative boards of territorial departments of the Antimonopoly Committee of Ukraine are bodies of the Antimonopoly Committee of Ukraine.

Article 6-1. The Antimonopoly Committee of Ukraine as body of appeal in the sphere of public purchases

The Antimonopoly Committee of Ukraine as body of appeal in the sphere of public purchases has the powers determined by the Law of Ukraine "About public purchases" and also the following powers:

1) to form the Commission (commissions) on consideration of claims about violation of the law in the sphere of public purchases;

2) to determine number of the commissions on consideration of claims about violation of the law in the sphere of public purchases;

3) to approve and promulgate the generalized practice of consideration of claims about violation of the law in the sphere of public purchases;

4) to approve and promulgate Regulations of work of the Commission on consideration of claims about violation of the law in the sphere of public purchases;

5) to approve and promulgate methodical recommendations for the Commission on consideration of claims of violation of the law in the sphere of public purchases concerning specifics of consideration by the commissions of claims.

For ensuring consideration of claims about violation of the law in the sphere of public purchases the Antimonopoly Committee forms the Commission (commissions) on consideration of claims about violation of the law in the sphere of public purchases from among representatives for consideration of claims in the sphere of public purchases as a part of three people.

Representatives for consideration of claims about violation of the law in the sphere of public purchases are appointed to position and dismissed by the Chairman of the Antimonopoly Committee of Ukraine. The procedure for competitive selection and appointment to positions of the claims authorized on consideration about violation of the law in the sphere of public purchases is determined by the Antimonopoly Committee of Ukraine.

The number of representatives for consideration of claims about violation of the law in the sphere of public purchases makes ten people.

The term of office of the representative for consideration of claims about violation of the law in the sphere of public purchases constitutes seven years. Person cannot be appointed to position of the representative for consideration of claims about violation of the law in the sphere of public purchases more than for two terms in a row.

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