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Chapter III Status of a State Commissioner and a Head of Territorial Office of the Antimonopoly Committee of Ukraine

Article 16. Rights and duties of a State Commissioner and Head of a Territorial Office of the Antimonopoly Committee of Ukraine

A State Commissioner of the Antimonopoly Committee of Ukraine according to legislation shall have the right:

to enter enterprises, institutions, organisations freely by his identification card and shall have access to documents and other materials necessary for doing check-ups;

to demand oral or written explanations of officials and citizens;

to demand - in connection with realisation of his powers - documents and other information necessary for check-up of observance of the antimonopoly legislation;

to enlist - after agreement with respective central and local bodies of state executive power, institutions of local and regional self-government, enterprises and amalgamations - their specialists, deputies of local Radas of people's deputies for doing check-ups and inspections;

to consider cases on violations of the antimonopoly legislation according to distributed duties and to take decisions based on. consideration results within his powers;

to represent the Committee without special warrant in a court of law or an arbitration court;

to empower officials of the Committee and its territorial offices to carry out certain powers mentioned in this Article.

A State Commissioner, a Head of Territorial Office of the Antimonopoly Committee of Ukraine shall be responsible for:

exact fulfilment of requirements of the effective legislation of Ukraine, shall be objective and unprejudiced while realising his powers;

sending submissions on violations of the antimonopoly legislation of Ukraine caused by officials to respective state bodies.

A State Commissioner, a Head of Territorial Office - without agreement of the Antimonopoly Committee of Ukraine - shall not be members of those commissions, committees, and other formations which are established by central and local bodies of state executive power and by institutions of local and regional self-government.

Holding more than one office by the State Commissioners and the Heads of Territorial Offices of the Antimonopoly Committee of Ukraine (except for scientific and teaching activities) and their direct or indirect engagement in entrepreneurial activities shall be prohibited.

Article 17. Independence of a State Commissioner of the Antimonopoly Committee of Ukraine

A State Commissioner of the Antimonopoly Committee of Ukraine is independent in exercising his powers to control observance of the antimonopoly legislation and during consideration of cases on its violations.

A State Commissioner of the Antimonopoly Committee of Ukraine shall take decisions independently within his powers.

The State Commissioners of the Committee shall take decisions at sittings of the Antimonopoly Committee of Ukraine and administrative boards, have equal rights and be guided only by the law.

Article 18. Disciplinary responsibility and dismissal of the State Commissioner of the Antimonopoly Committee of Ukraine

A State Commissioner of the Antimonopoly Committee of Ukraine may be brought to disciplinary responsibility (except for dismissal) on a universal basis according to the procedure fixed by the labour legislation of Ukraine.

A State Commissioner of the Antimonopoly Committee of Ukraine may be dismissed:

through state of health preventing him from further work;

at his will;

in case of a flagrant violation of his official duties or when a crime was committed by him.

Dismissal of the State Commissioners of the Antimonopoly Committee of Ukraine shall be carried out by the Supreme Rada of Ukraine at the recommendation of the Chairman of the Antimonopoly Committee of Ukraine.

A State Commissioner of the Antimonopoly Committee of Ukraine shall have the right to resign according to the procedure determined by effective legislation of Ukraine.

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