Article title Codification of Competitive Legislation as a Way to its Modernization and Reform
Authors

Doctor of Law, Associate Professor, Associate Professor of the department of Economic Law of Yaroslav Mudriy National Law University  (Kharkiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-6152-2705  Researcher ID: http://www.researcherid.com/rid/AAF-6936-2021

Raketa7770@gmail.com

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 11/2021
Сторінки [68-79]
Annotation

The competition policy of the state is a component of its economic policy, which aims to optimize the activities of markets, encourage market participants to compete in conditions of fair competition, protect the rights of consumers, small businesses and more. The implementation of competition policy is possible only through the use of effective mechanisms through which it will be possible to ensure the healthy and smooth functioning of the market economy as a whole. Taking account of it, the competition policy of the state and the legislation on economic competition should be considered as the impact of globalization processes, which erase the autonomy of national markets, and the need to protect the national producer. However, today the situation of legislative regulationof competition is quite acute, and many issues remain open and need to be addressed at the legislative level. It deals, in particular, gaps in the very structure of legislation, its branched nature; definitive problems, such as the existence in competition law of a large number of valuation concepts that do not have a clear definition either at the level of laws of Ukraine or at the secondary legal level. There are also significant shortcomings in the procedural and legal support of law enforcement activities in the field of economic competition.

Based on the results of the analysis of the current state of competition law, the author emphasizes that the current rules are not only outdated but also very scattered. Of course, under such conditions, the government must work hard and fruitfully to systematize and codify them. Any modernization, let alone reform, of the system of legislative support of economic competition and modernization of the provisions of some acts require first of all conceptual clarity about the very phenomenology of economic competition in today’s conditions, forecasting its transformation and development, setting clear functional tasks for character review and the content of legal regulation in this area. All these and many other problems must be solved in developing a modern competition policy of the state.

In writing this article, the aim was to prove the need to systematize all regulations in the field of competition law by adopting a number of codified acts – the Competition Code of Ukraine, the Competition Procedure Code of Ukraine and the Code of Ukraine on Competition Offenses. This is very important because it will harmonize all the rules of competition law, unify the categorical apparatus and terminology used in competition law, harmonize with the rules of international law. In addition, it is extremely important to create an optimal system of means and methods of legal regulation of economic relations, along with the use of organizational and economic mechanisms.

 

Keywords competition law; competition law; codification; systematization; code; relations in the field of competition; responsibility
References

Bibliography

 

Authored books

1. Zadykhailo D, Hospodarsko-pravove zabezpechennia ekonomichnoi polityky derzhavy (Iurait 2012) (in Ukrainian).

2. Shvydka T, Ekonomichna konkurentsiia: suchasnyi stan zakonodavchoho zabezpechennia ta perspektyvy yoho modernizatsii (Pravo 2020) (in Ukrainian).

 

Edited and translated books

3. Kabrijak Remi, Kodifikacii (per s fr, Statut 2007) (in Russian).

 

Journal articles

4. Poliukhovych V, ‘Perspektyvy vdoskonalennia zakonodavstva pro zakhyst ekonomichnoi konkurentsii (z praktyky zakonoutvorennia)’ (2020) 10 Pidpryiemnytstvo, hospodarstvo i pravo 55 (in Ukrainian).

5. Zhuryk Yu, ‘Dzherela antymonopolno-konkurentnoho prava Ukrainy’ (2014) 13 Pryvatne pravo i pidpryiemnytstvo 160–4 (in Ukrainian).

 

Theses

 6. Hetman Ye, ‘Kodyfikatsiia zakonodavstva Ukrainy: poniattia, osoblyvosti, vydy’ (avtoref dys kand yuryd nauk, 2010) (in Ukrainian).