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EBA discussed the draft law on the activities of the Antimonopoly Committee with the leadership of the agency

20/ 07/ 2021
  On July 20, the EBA representatives met with the Head of the Antimonopoly Committee of Ukraine – Olha Pishchanska, and State Commissioners – Anzhelika Konoplyanko and Olha Nechitaylo. The meeting was focused on the discussion of the most critical remarks regarding the recently adopted in the first reading draft Law №5431 on improving the activities of the Antimonopoly Committee of Ukraine, which significantly expands the powers of the latter to inspect legal entities and individuals. Thus, experts of the European Business Association expressed their critical remarks on a range of norms of the draft law. Thus, the draft law proposes to give the AMCU the authority to conduct inspections of individuals and legal entities, as well as to seize their property, objects, documents, or media at any time of day. According to business representatives, this could lead to the abuse of powers by AMCU officials. Besides, the procedure and specific grounds for inspections of legal entities will actually be established by the AMCU itself, and therefore, business representatives have concerns about possible abuses that will result in violation of the rights guaranteed by the Constitution of Ukraine. Also, the AMCU is given exclusive powers to determine the priority and categories of cases for which appeals are to be left without consideration. Such manual management of the list of possible objects of anti-monopoly investigation can create artificial barriers for businesses and citizens in the context of the right protection. Such norms, according to the community are not fully consistent with ensuring the principle of equality before the law and the principle of the rule of law and therefore need significant revision. Representatives of the AMCU thanked the business for the comments and suggestions and also informed that the Committee is currently preparing its position on the necessary amendments to the second reading of draft law №5431, which it plans to publish next Monday. Thus, we hope that the suggestions and comments from the business community will be taken into account. Besides, the parties discussed further plans of the AMCU to further reform the sector and other business proposals in this regard, including the need to develop qualitative changes to the Criminal Procedure Code of Ukraine. Therefore, the business community hopes that our proposals will be heard and be considered, as the deadline for MPs to submit their proposals for amendments to the second reading of the draft law expires on July 27. We thank the AMCU for a constructive meeting. We hope that together we will be able to create a renewed and effective anti-monopoly system in the country.

On July 20, the EBA representatives met with the Head of the Antimonopoly Committee of Ukraine – Olha Pishchanska, and State Commissioners – Anzhelika Konoplyanko and Olha Nechitaylo. The meeting was focused on the discussion of the most critical remarks regarding the recently adopted in the first reading draft Law №5431 on improving the activities of the Antimonopoly Committee of Ukraine, which significantly expands the powers of the latter to inspect legal entities and individuals.

Thus, experts of the European Business Association expressed their critical remarks on a range of norms of the draft law.

Thus, the draft law proposes to give the AMCU the authority to conduct inspections of individuals and legal entities, as well as to seize their property, objects, documents, or media at any time of day. According to business representatives, this could lead to the abuse of powers by AMCU officials. Besides, the procedure and specific grounds for inspections of legal entities will actually be established by the AMCU itself, and therefore, business representatives have concerns about possible abuses that will result in violation of the rights guaranteed by the Constitution of Ukraine. Also, the AMCU is given exclusive powers to determine the priority and categories of cases for which appeals are to be left without consideration. Such manual management of the list of possible objects of anti-monopoly investigation can create artificial barriers for businesses and citizens in the context of the right protection. Such norms, according to the community are not fully consistent with ensuring the principle of equality before the law and the principle of the rule of law and therefore need significant revision.

Representatives of the AMCU thanked the business for the comments and suggestions and also informed that the Committee is currently preparing its position on the necessary amendments to the second reading of draft law №5431, which it plans to publish next Monday. Thus, we hope that the suggestions and comments from the business community will be taken into account.

Besides, the parties discussed further plans of the AMCU to further reform the sector and other business proposals in this regard, including the need to develop qualitative changes to the Criminal Procedure Code of Ukraine.

Therefore, the business community hopes that our proposals will be heard and be considered, as the deadline for MPs to submit their proposals for amendments to the second reading of the draft law expires on July 27.

We thank the AMCU for a constructive meeting. We hope that together we will be able to create a renewed and effective anti-monopoly system in the country.

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