- economic competition, anti-competition actions, government regulation, state investing, economic zones, state aid, specific subsidies, illegitimate subsidies, prohibited subsidies, illegal benefit
- https://doi.org/10.33270/01191134.80
- Pages 80-90
The purpose of this paper is to discuss the problems of enforcement of the norms of Ukrainian competition law due to which problems Ukraine in respective international indexes is positioned as one of the countries with the worst anti-monopoly policy effectiveness. Methodology. A number of methods of legal research was applied to the research on the said problems, and in the first place, the dialectic and material method. This method allowed to consider the said problem from the perspective of present level of development of Ukrainian society in general and the competition relations, in particular. The functional legal method played important role as well. This method allowed to get oriented in the numerous Ukrainian laws and regulations in the sphere of business as well as in the characteristics of the practice of their enforcement. This method also promoted developing the specific recommendations concerning improvement of the legislation in this sphere. The scientific novelty of this paper is in consideration of the problems of Ukrainian competition law norms in connection with Ukrainian concept of the government regulation of business as a type of social regulation separate from legal regulation. Conclusions. One of the key factors that disturb effective enforcement of the norms of competition law in Ukraine is Ukrainian concept of the government regulation of business. By way of this concept as well as by way of the means of the government regulation of business contemplated by this concept the persons empowered to execute the functions of the government may bypass the requirements set out in the competition law. Moreover, this way the said persons get ample opportunities to use their authorities for corruption purposes. In this regard, it is proposed to repeal the provisions of Ukrainian law that provide for the concept of the government regulation of business, as a type of social regulation different from the legal regulation of business, as well as the means of the government regulation of business contemplated by this concept