Tatiana Kharebava about the criteria for qualitative changes in the consideration of cases by the AMCU
Key factors ensuring quality changes in the procedure of consideration of cases by the Antimonopoly Committee include the implementation of transparency and legal certainty principles and highest possible enforcement of the rights of the parties to the proceedings.
Tatiana Kharebava, a Counsel at Spenser and Kauffmann, Attorneys at Law, voiced such an opinion in her comment for Yuridicheskaya Praktika, a periodical that studied the problem of improving the procedure of consideration of cases by the bodies of the Antimonopoly Committee of Ukraine.
‘The issue is less pertained to legal settlement of a problem than improvement of the quality and relevancy thereof. Moreover, special regulations governing the procedures of conducting inspections and considering competition law infringement cases have obviously become obsolete, – she said. – Furthermore, according to Article 256 of the EU – Ukraine Association Agreement, the Government has committed to bring the Ukrainian competition laws in line with the acquis communautaire. It should be noted that the executives of the Antimonopoly Committee of Ukraine feel the need for amending relevant regulations as is confirmed by the regulatory body’s action plan for 2016′.
As for the procedure of consideration of cases, key factors ensuring quality changes include the implementation of transparency and legal certainty principles and highest possible enforcement of the rights of the parties to the proceedings. The aforesaid principles shall be implemented through establishing a specific timeframe for consideration of cases (conducting inspections) and a limited list of exceptions to the general rule, an explicitly stated procedure of access of the parties to the proceedings to the materials in the case (especially when it comes to a party charged with commitment of an offense), introducing the AMCU’s obligation to close a case if they have failed to complete the investigation and establish the guilt of the charged party’, – T. Kharebava said.