of December 4, 2013 No. P-862/2013
About compliance of the Constitution of the Republic of Belarus of the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition"
Constitutional court of the Republic of Belarus as a part of the chairman of the Chairman of the Constitutional Court Miklashevich P. P., the vice-chairman Sergeyeva O. G., Boyko T. S. judges., Voronovich T. V., Danilyuka of Page E., Kozyreva L. G., Podgrusha V. V., Ryabtseva L.M., Tikovenko A. G., Chigrinova S. P.
based on part one of article 116 of the Constitution of the Republic of Belarus, subitem 1.1 of Item 1 and Item 3 of the Decree of the President of the Republic of Belarus of June 26, 2008 No. 14 "About some measures for enhancement of activities of the Constitutional Court of the Republic of Belarus"
considered in proceeding in open court according to the procedure of mandatory preliminary control constitutionality of the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition".
Having heard the judge-speaker Boyko T. S., having analyzed provisions of the Constitution of the Republic of Belarus (further - the Constitution), the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition" and other legal acts of the Republic of Belarus, the Constitutional Court of the Republic of Belarus established:
The law of the Republic of Belarus (further - the Law) is adopted "About counteraction of monopolistic activities and development of the competition" by the House of Representatives of National assembly of the Republic of Belarus on November 22, 2013, approved by Council of the Republic of National assembly of the Republic of Belarus on November 27, 2013 and provided to the President of the Republic of Belarus for the signature.
Adoption of law is caused by need of enhancement of the relations in the field of counteraction of monopolistic activities and development of the competition, approval of legal regulation in the specified sphere with provisions of other legal acts of the Republic of Belarus governing the similar public relations, and also harmonizations of the provisions of the law with provisions of the corresponding international treaties accepted within the Common economic space.
The main terms and their determinations, the principles applied in it on which state policy in the field of counteraction of monopolistic activities and development of the competition is based are enshrined in the Law, functions and powers of antimonopoly authority, criteria of dominant position in the market are determined, regulations about the state control of economic concentration and reorganization of the business entities holding dominant position in the goods markets are established prohibitions on monopolistic activities and unfair competition, responsibility for violation of the antitrust law.
1. When checking constitutionality of the Law the Constitutional Court proceeds from the following.
It is provided in the Constitution that the state grants all the equal rights for implementation of economic and other activity, except prohibited by the law, and guarantees equal protection and equal conditions for development of all patterns of ownership; guarantees all equal opportunities of free use of capabilities and property for the entrepreneurial and other not prohibited by the law economic activity; performs regulation of economic activity for the benefit of the person and society (parts two, the fourth and fifth Articles 13); the owner has the right to own, use and dispose of property as solely, and together with other persons; the security of property is protected by the law; the property acquired by legal method is protected by the state (parts two and third Articles 44). According to part one of article 59 of the Constitution the state shall take all measures available to it for creation of the internal procedure necessary for complete implementation of the rights and freedoms of the citizens of the Republic of Belarus provided by the Constitution.
From content of the given constitutional regulations it is necessary that the legislator when implementing legal regulation in the field of counteraction of monopolistic activities and unfair competition shall proceed obligation of the state to support the competition, to create conditions for effective functioning of the goods markets, to warn and stop monopolistic activities and unfair competition, to counteract non-admission, restriction, elimination of the competition from state bodies, other bodies and the organizations.
1.1. It is provided in article 3 of the Law that state policy in the field of counteraction of monopolistic activities and development of the competition is based on the principles of equality in application of regulations of the antitrust law, inadmissibility of anti-competitive actions of state bodies, ensuring effective control behind economic concentration, efficiency of sanctions for making of anti-competitive actions, information openness and effective cooperation.
Establishment of the specified principles, and also their content is determined by the above-stated constitutional provisions and is aimed at providing the rights and legitimate interests of the citizens and the organizations enshrined in the Constitution, the laws and provided by the international obligations of the state.
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