Ukraine

— will bear civil, administrative, or criminal liability in accordance with Ukrainian laws.

Ukrainian laws may also establish liability for other violations of land legislation.

Article 116. Return of Parcels of Land Occupied Without Authorization

Parcels of land occupied without authorization will be returned to the owner without compensation for losses incurred during the period of illegal use. The restoration of parcels of land to a state suitable for use, including the demolition of structures and installations, will be carried out by the enterprises, establishments, organizations, and citizens occupying the parcels of land without autho­rization or at their expense.

The return of parcels of land occupied without authori­zation will be carried out by a decision of a court or arbitration court.

Article 117. Compensation for Damages Caused by Violators of Land Legislation

Enterprises, establishments, organizations, and citizens must cover the damages they cause as a result of viola­tions of land legislation.

Subdivision X. International treaties

Article 118. International Treaties

If the rules stipulated in an international treaty of Ukraine differ from the rules in Ukrainian land legisla­tion, the rules of the international treaty will apply.

[Signed] L. Kravchuk, president of Ukraine Kiev. 13 March 1992

Law on Containing Monopolism, Preventing Unfair Competition Text of Law

925D0376A Kiev HOLOS UKRAYINY in Ukrainian 29Apr 92pp 12-13

[Text of "Law of Ukraine "On Containing Monopolism and Preventing Unfair Competition in Business Activi­ties"]

[Text] This Law establishes the legal basis for containing and taking precautionary measures against monopolism, preventing unfair competition in business activities, and exercising stale supervision over observance of antimonopoly legislation.

Section I General Principles

Article 1. Definition of Terms For the purposes of this Law, the following terms «re used:

—commodities—products of human industry (including labor, services, as well as securities) intended for sale;

—market of a commodity (commodity market)—the sphere of circulation of a commodity of single use value within which a monopoly status has been estab­lished;

—government and administrative organs—organs of the administrative branch of government, local govern­ment and administrative organs, administrative organs of public organizations, as well as associations, concerns, interindustry, regional, and other associa­tions performing administrative functions within the limits of the powers vested in them by enterprises and organizations and delegated to them by the organs of the administrative branch of government;

—competition—a market condition in which business entities compete resulting in their independent actions restricting the ability of any one of them to exercise exclusive control of the general conditions of sale of commodities in a given market, thereby stimulating the production of goods needed by the consumer,

—monopoly status—the dominant status of a business entity that allows it alone or together with other business entities to restrict competition with respect to a given commodity in a given market. A business entity's status is regarded as monopolistic if its share of a given market exceeds 35 percent. The status of a business entity, whose share of a given commodity market comprises less than 35 percent, may be desig­nated as monopolistic by a decision of the Antimonopoly Committee of Ukraine;

—monopoly price—the price established by a business entity with monopoly status in the market, which results in restricting competition and violating the rights of consumers;

—monopolistic activity—actions (lack of action) by a business entity (group of business entities) enjoying monopoly status in the market in the production and sale of commodities, as well as actions (lack of action) by government and administrative organs directed at preventing, substantially restricting, or eliminating competition;

—monopolistic entity—an enterprise, association, com­pany, or other entity that enjoys monopoly status in the market.

Article 2. Application of this Law

1. This Law applies to business relations between busi­ness entities.

2. This Law does not apply to relations ensuing from copyrights, patent rights, trademarks, industrial proto­types.

3. The laws of Ukraine may provide for special regula­tion of relations connected with monopolistic activity and unfair competition in financial markets and securi­ties markets that parallel this Law.

4. In the event that other regulations than those con­tained in this Law are instituted by an international agreement concluded by Ukraine, the regulations of the international agreement shall apply.