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Major tendencies of the interaction between the Antimonopoly Committee and the UUME
AGREEMENT ON COLLABORATION BETWEEN ANTIMONOPOLY COMMITTEE AND UUME
The Antimonopoly Committee of Ukraine in the person of Head Kostusyev Î.Î. (hereafter the Antimonopoly Committee), on the one hand, and the Ukrainian Union of Manufacturers and Entrepreneurs (hereafter the UUME) in the person of President Êinakh A.K, on th eother hand (hereafter the Parties),due to the need in collaboration and unification of efforts for an efficient realization of competition politics, working out effective mechanisms of supporting national goods and service manufacturers, consolidation of positive tendencies in the national economics development, ensuring of a steady economic increase under conditions of a financial stability, activation of investment and innovative processes and structural transformations, and, due to these facts, upgrading of the well-being and quality of life of Ukrainian citizens, have agreed on the following.
1. To consider the collaboration between the Parties as an efficient tool for establishment of a valuable competitive environment, what is the basis for efficient functioning of domestic economics, realization of Ukraine’s market tendency and integration into European and the world economic systems.
3. The Parties agree with the fact that development of competition and restriction of monopoly, realized by the Antimonopoly Committee, as well as the UUME’s position regards the support of the real sector of economics and domestic manufacturers contributing to competition development, are the obligatory components of Ukraine’s advancement on the way to profound structural transformations and ensuring of a constant economic increase and financial stability on the basis of reinstatement and the national manufacturing development.
3. The Parties shall mutually make every effort to working out an agreed position on the following issues in particular:
creation of an efficient competition environment, taking measures on material technical, informative, consultative and other support of economical subjects, contributing to competition development; improvement of the legislation on competition, protection of entrepreneurs’ and consumers’ interests from its violation, prevention of wrongful acts of government authorities, institutions of the local government, administration and control, economic subjects, associations that may have an adverse impact on competition;
implementation of modern techniques of regulating activity of natural monopoly subjects;
defense of the property rights, development of entrepreneurship and establishment of the middle class as a basis of economic and political stability in the country.
4. The Parties shall exchange views on problematic issues concerning establishment, development and protection of the competitive environment, monopoly restriction, formation of workgroups in case of necessity, shall hold common meetings, seminars, conferences and other actions involving economic subjects for discussion and solution of issues being the matter of common interest.
5. The Parties shall promote, within their competence, for working out and realization of international projects and programs in the spheres of mutual cooperation.
6. The Parties shall represent their common initiations for the executive authorities as regards preparation and consideration of legislative drafts and other law regulation acts on matters of development and improvement of competition and realization of the competition politics.
During each Party’s preparation of documentation drafts regulating this Agreement the Parties, in case of necessity, shall exchange consultations having preliminarily notified the other Party.
7. With an aim of practical realization of the Agreement, coordination of the activity and approval of positions as regards forms and methods of the competition politics realization, the domestic manufacturers support, the Parties will establish a common standing expert-analytical group.
8. The Parties predetermine major objectives of the expert-analytical group, and namely: working out and approval of a plan on common actions, programs and projects on matters of competition politics, a material-technical, information, consultative and other support of economic subjects, contributing thus to competition development, as well as mutual consultations at consideration of certain legislative and regulation acts which are supposed to effect the conscientious competition.
9. Amendments to the Agreement shall be introduced by the Parties’ mutual consent.
Any of the Parties shall not pass a third party their rights and duties against the Agreement without the other Party’s written consent.
10.Divergences arising on the Agreement shall be settled by the Parties’ mutual consent.
11. This Agreement has been concluded in the Ukrainian language in two copies (a copy for each Party) of an equal force.
12.The Agreement has been concluded for an undetermined term and its validity shall be terminated by the Parties’ consent.
Major Tendencies of Interaction Between Antimonopoly Committee and UUME
1. Promotion of an efficient state policy in the sphere of economic competition development and monopoly restriction in an economic activity.
2. Reduction of the monopoly sector in the national produce of Ukraine, strengthening of the domestic economy’s competitive ability on the basis of ensuring balance of the industrial, foreign-economic, regulatory policy, and the policy in the sphere of privatization and management of the state property objects as well as the competition policy.
3. Intensification of the competition impact on the price-formation. Establishment of monitoring on formation and application of prices and tariffs for resources and services which are of a considerable importance for a general price rate and dynamics, as well as are of a critical social importance and are being produced by economic subjects, who hold a monopolistic position at corresponding markets.
4. Improvement of regulation of the activity of the natural monopoly economic subjects in correspondence with the Law of Ukraine "About the natural monopolies", and promotion of establishment of national commissions on transport and communication regulation, in particular.
5. Involvement of public organizations into the process of taking decisions on matters regards price(tariff)-formation for products, works, services of the natural monopoly subjects, purchasing of considerable volumes of raw-materials, equipment by the natural monopoly subjects with the purpose to decrease product or service prices provided by them shall be realized on the competition basis.
6. Creation of conditions for a harmonious unification of measures regulating the natural monopolies activity with the competition techniques ensuring the market self-regulation, preventing monopolistic effects and economic subjects’ actions against the competition.
7. Balancing of monopolistic tendencies by means of a purposeful implementation of the competition foundation in economics, on adjacent markets in particular, that are not in the state of the natural monopoly, but depend directly on conditions of selling out the goods produced by the natural monopolies.
8. Suspension of groundless preferences for certain economic subjects and of economically groundless tax privileges, in particular.
9. Ensuring efficient management of state enterprises as means of their transformation to completely equal participants of the market and ensuring of a competitive environment for them.
10. Reformation of the economic activity of the executive authorities and institutions of local governing regards their provision of paid services for economic subjects.
11. Arrangement and optimization of the state support for certain enterprises and branches of economics, rearrangement of the process of rendering the state support in accordance to European standards, applying also methods of offering propositions regards the legislative regulation of the process of rendering the support.
12. Facilitating Ukraine’s entering the World Trade Organization. Ensuring of an equal access to the market taking into consideration needs of the competition development of the real sector of economics and export-oriented branches (the agricultural complex, machine-building, food, reprocessing, metallurgical, chemical, light and medical industries)
13. Preparation of propositions on improvement of the competition legislation and the legislation on natural monopolies on the grounds of the experience of the Antimonopoly Committee and a broad circle of entrepreneurs.
14. Formation of the information system for the competition policy realization, predetermined for achievement of expert and forecasting-analytical objectives.
15. Spreading out and popularization of information about the legislation on the matters of the economic competition defence among economic subject.
16. Contributing for various complex scientific researches and establishing the system of training, re-training and advanced training of specialists in the sphere of the competition policy.
17. Implementation of methods on discussing drafts of regulating legislative acts predetermined for establishment of favourable conditions for the economic real sector functioning, monitoring of the state of observance of the law on the economic competition defence.
