Section V Responsibility for violations of the antimonopoly legislation

Article 19. Imposition of fines on entrepreneurs being legal persons

Fines on entrepreneurs being legal persons shall be imposed by the Antimonopoly Committee of Ukraine for:

commitment of actions provided, by articles 4-7 of this Law, evasion of fulfillment or a tardy fulfillment of regulations of the Antimonopoly Committee of Ukraine and its territorial offices on discontinuance of violations of the antimonopoly legislation, re­newal of the initial state or changes of agreements contradicting this Law - to the amount of 5 per cent of the receipts of entre­preneur from realization of production (products, works, services), got in the last account year preceding the year in which fine is imposed;

lack of submission, a tardy submission or submission of a deliberately false information to the Antimonopoly Committee of Ukraine and its territorial offices - to the amount of half a per cent of the receipts of entrepreneur from realization of production (products, works, services), got in the last account year preceding, the year in which fine is imposed.

If it is impossible to calculate receipts of entrepreneur or receipts are absent, the fines mentioned in paragraph two of this article shall be imposed to the amount of ten thousand untaxable minimums of citizen incomes, and the fines mentioned in paragraph three - to the amount of two hundred untaxable minimums of citizen incomes.

If entrepreneur worked, less than a year, fines shall be calculated on the basis of the entrepreneur's receipts got in the period preceding violation.

Decisions on imposition of fines exceeding four hundred untaxable minimums of citizen incomes shall be taken exclusively by the Antimonopoly Committee of Ukraine at its sittings.

Fifty per cent of fines shall be transferred to state budget, fifty per cent of fines - to the extra-budgetary fund established for the purpose of developing and protecting competition.

(The changes have been made in accordance with the Law of Ukraine of July 5, 1995 Nо. 258/95-BР.)

Article 20. Administrative responsibility of officials and citizens engaged in entrepreneural activities

Officials of power and management bodies, heads (credit managers) of enterprises (amalgamations, economic societies etc.) as well as citizens engaged in entrepreneural activities without creation of legal person shall bear administrative responsibility according to current legislation for:

commitment of actions provided by articles 4-6 of this Law;

lack of submission, a tardy submission or submission of a deliberately false information to the Antimonopoly Committee of Ukraine and its territorial offices;

evasion of fulfillment or a tardy fulfillment of regulations of the Antimonopoly Committee of Ukraine and its territorial offices.

Fines shall be recovered according to court procedure.

(The changes have been made in accordance with the Law of Ukraine of July 5, 1995 No. 258/95-BP.)

Article 21. Withdrawal of unlawfully got profit

Profit got unlawfully by subjects of entrepreneural activities as a result of violations of articles 4, 5, and 7 of this Law shall be recovered by court or arbitration court to state budget.

Article 22. Reparation of damages caused by both abuse of monopoly position and unfair competition

Damages caused by both abuse of monopoly position and unfair competition shall be repaired on the basis of claims of interested persons according to the procedure provided by civil legislation of Ukraine.

Section VI

Consideration of cases by the Antimonopoly Committee of Ukraine and appealing against its decisions (The changes have been made in accordance with the Law of Ukraine of July 5, 1995 No. 258/95-BP.)

Article 23. Consideration of cases on violation of the antimonopoly legislation

The Antimonopoly Committee of Ukraine, state commissioners, administrative boards, and territorial offices of the Committee, within their competence, shall consider саses on violations of the antimonopoly legislation and on the basis of the results of consideration shall take decisions according to the procedure provided by current legislation.

Article 24. Procedure of appealing against decisions of the Antimonopoly Committee of Ukraine

1. In cases of disagreement with decisions of the Antimonopoly Committee of Ukraine and its territorial offices entrepreneurs, power and management bodies as well as other interested persons shall have the right to address court or arbitration court with application on abolishment of or making complete or partial changer in the decisions of the Antimonopoly Committee of Ukraine and its territorial offices.

2. Submission of application shall not suspend fulfillment of decisions for the time of consideration of the case in court or arbitration court if court or arbitration court does not take decision on suspension of specified acts.

3. Damage caused by unlawful decisions of the Antimonopoly Committee of Ukraine and its territorial offices shall be repaired at the expense of state budget irrespective of the blame borne by officials of the Antimonopoly Committee of Ukraine and its terri­torial offices.

(The changes have been made in accordance with the Law of Ukraine of July 5, 1995 No. 258/95-BP.)

Article 25. Procedure of carrying out decisions of the Antimonopoly Committee of Ukraine

1. Decisions of the Antimonopoly Committee of Ukraine and its territorial offices shall be carried out for the periods fixed in these decisions.

2. Entrepreneurs upon whom the Antimonopoly Committee of Ukraine imposed fines shall pay them for the period of thirty days since the day of receipt of a decision on imposition of a fine. Additional fine equal to one and a half per cent of the original fine shall be recovered for every day of the delay in paying the original fine.

3. In case of refusal to pay a fine the Antimonopoly Committee of Ukraine shall recover it in indisputable mode.

4. On the basis of the application of the entrepreneur upon whom a fine is imposed, the Antimonopoly Committee of Ukraine shall have the right to postpone payment of the fine.

(The changes have been made in accordance with the Law of Ukraine of July 5, 1995 Ко. 258/95-BP.)

L. Kravchuk

President of Ukraine

The city of Kyiv

February 18, 1992

Nо.2132-XII

FBIS-USR-92-081 30 June 1992