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LAW OF UKRAINE

of August 9, 2023 No. 3295-IX

About modification of some legal acts of Ukraine concerning enhancement of the legislation on protection of the economic competition and activities of the Antimonopoly Committee of Ukraine

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In part two of Article 452 of the Customs code of Ukraine (2012, Art. No. No. 44-48, 552) the words "in connection with investigation of anti-competitive coordinated actions by them" shall be replaced with words sheets of the Verkhovna Rada of Ukraine "in connection with hearing of cases about violation of the law about protection of the economic competition".

2. In the Economic Procedure Code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):

7 parts one of Article 20 of the word "according to statements" shall be replaced with words 1) in Item "according to statements, petitions";

Item 5 parts four of Article 247 to add 2) with words and figures "except cases, stipulated in Article 252-1 of this Code";

3) in Article 248:

add part one with the words "except the case provided by part two of this Article";

add with part two of the following content:

"2. The petition of the Antimonopoly Committee of Ukraine for conducting check of the subject of managing, seizure, withdrawal of objects, originals of documents or other data carriers, and also for access to rooms, systems of electronic communications or storage locations of information which can confirm signs of violation of the law about protection of the economic competition or can be proofs on the case of violation of the law about protection of the economic competition, is considered within two working days from the moment of receipt";

Part one of Article 252 to add 4) with words and figures "except cases, stipulated in Article 252-1 of this Code";

The Section IV to add 5) with Article 252-1 of the following content:

"Article 252-1. Features of consideration of the case according to the procedure of the simplified claim production on petitions of the Antimonopoly Committee of Ukraine, territorial department of the Antimonopoly Committee of Ukraine

1. Property attachments, withdrawals of property, availability at least of one of the following circumstances is the basis for representation by the Antimonopoly Committee of Ukraine, its territorial department of the petition for provision of permission to conducting check of subjects of managing, associations, authorities, local government bodies, bodies of administrative management and control, access to rooms, other ownerships, other storage locations of information which is in ownership and/or use of subjects of managing, associations, authorities, local government bodies, bodies of administrative management and control and/or on making of separate legal proceedings, stipulated by the legislation about protection of the economic competition, in the form of carrying out survey, sealing (sealing):

consideration of the applications of subjects of managing, citizens, associations, organizations, the organizations about violation of their rights owing to the actions or failure to act determined by the Law of Ukraine "About protection of the economic competition" as violation of the law about protection of the economic competition;

idea of authorities, local government bodies, bodies of administrative management and control of violation of the law of protection of the economic competition;

direct identification by bodies, officials of the Antimonopoly Committee of Ukraine, its territorial department of signs of violation of the law about protection of the economic competition;

hearing of cases about violation of the law about protection of the economic competition;

the need for verification of information obtained in connection with implementation of the state control of compliance with law about protection of the economic competition.

2. In the petition of the Antimonopoly Committee of Ukraine, its territorial department provided by part one of this Article are specified:

1) the name of court in which the petition moves;

2) information on the Antimonopoly Committee of Ukraine, body of the Antimonopoly Committee of Ukraine, territorial department of the Antimonopoly Committee of Ukraine, on provision of permission to which the petition moves;

3) bases and reasons for need of conducting check of subjects of managing, associations, authorities, local government bodies, bodies of administrative management and control and/or separate legal proceedings;

4) information on object of check, namely:

for legal faces names of the legal entity, including reduced (in the presence), identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine, form of business, the location of the legal entity;

for physical persons - entrepreneurs-surname, own name, middle name (in the presence), registration number of accounting card of the taxpayer or series and passport number (for the physical persons having mark in the passport about the right to make payments on series and passport number), residence and/or the residence;

5) the term during which check and/or the corresponding legal proceedings can be performed;

6) types of legal proceedings on which implementation the petition is provided;

7) the actual location of rooms, storage locations of information, systems of electronic communications, other ownerships which are subject to check and/or the corresponding legal proceedings.

In the petition for implementation of legal proceedings in the form of sealing (sealing), property attachment, withdrawal of property documents, objects, other data carriers, systems of electronic communications, storage locations of information, the room and other ownerships, other storage locations of information concerning which the petition moves are in addition specified.

3. Copies of the documents confirming availability of the bases for conducting check and/or separate legal proceedings provided by part one of this Article are attached to the petition.

Provisions of Articles 162 and 164 of this Code do not extend to requirements to form and content of the petition of the Antimonopoly Committee of Ukraine, its territorial department provided by this Article.

4. The court considers the petition according to the procedure of the expedited claim production without notice of participants of matters on the materials which are available in case. According to the petition of the Antimonopoly Committee of Ukraine, its territorial department or on own initiative vessels consideration of the case is conducted in judicial session with challenge of representatives of the Antimonopoly Committee of Ukraine, its territorial department.

5. By results of consideration of the petition the court decides determination about leaving of the petition without consideration, complete or partial satisfaction of the petition or refusal in satisfaction of the petition.

6. Court, having determined that the petition is submitted without observance of requirements of parts one and the second this Article, leaves such petition without movement about what takes out determination.

In the resolution on leaving of the petition without movement shortcomings, method and term of their elimination which cannot exceed three working days from the date of receipt of the resolution are specified.

If defects of the petition were not eliminated in time, established by court, the petition is considered not given and returns without consideration to the Antimonopoly Committee of Ukraine, its territorial department.

Leaving of the petition without consideration does not interfere with the repeated treatment of him in court in accordance with the established procedure after remedial action.

7. The court refuses satisfaction of the petition if good causes for need of conducting check, provision of access to rooms, other ownerships, other storage locations of information which is in ownership and/or use of subjects of managing, associations, authorities, local government bodies, bodies of administrative management and control, making of separate legal proceedings are not given and/or need of receipt of such permission is insufficiently proved.

8. The resolution on complete or partial satisfaction of the petition provided by part five of this Article can be appealed within five days from the date of receipt of its copy by the subject of managing, consolidation, authority, local government body, body of administrative management and control.

Appeal of the resolution does not stop its accomplishment.

9. Determination of Economic court about complete or partial satisfaction of the petition is not subject to promulgation before the termination of terms of conducting check and/or making of the corresponding legal proceedings determined in this determination.

10. The resolution of Economic court on provision of permission to conducting check of subjects of managing, associations, authorities, local government bodies, bodies of administrative management and control, access to rooms, other ownerships, other storage locations of information which is in ownership and/or use of subjects of managing, associations, authorities, local government bodies, bodies of administrative management and control and/or on making of separate legal proceedings, stipulated by the legislation about protection of the economic competition in the form of carrying out survey, sealing (sealing), property attachment, withdrawal of property shall conform to general requirements to the judgments provided by this Code and also contain data about:

1) resolution effective period relatively:

the permission to check which is not exceeding 30 calendar days except cases of availability of reasonable need of longer term of conducting check;

permissions to making of the legal proceedings provided by paragraph one of this part which cannot exceed the term of conducting check within which the following legal proceedings are made;

2) person representing the interests of the Antimonopoly Committee of Ukraine, its territorial department;

3) the Antimonopoly Committee of Ukraine, body of the Antimonopoly Committee of Ukraine, territorial department of the Antimonopoly Committee of Ukraine to which permission to conducting check and/or to making of the legal proceedings provided by paragraph one of this part is provided;

4) provisions of the law based on which determination is taken out;

5) persons concerning whose check permission to check and/or making of the legal proceedings provided by paragraph one of this part is provided:

rather legal faces names of the legal entity, including reduced (in the presence), identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine, form of business, the location of the legal entity;

rather physical persons - entrepreneurs-surname, own name, middle name (in the presence), registration number of accounting card of the taxpayer or series and passport number (for the physical persons having mark in the passport about the right to make payments on series and passport number), residence and/or the residence;

6) the actual location of rooms, storage locations of information, systems of electronic communications, other ownerships which are subject to check and/or making of the legal proceedings provided by paragraph one of this part;

7) types of legal proceedings on which implementation permission is provided.

In the resolution of Economic court on provision of permission to implementation of legal proceedings in the form of sealing (sealing), property attachment, withdrawal of property documents, objects, other data carriers, systems of electronic communications, storage locations of information, the room and other ownerships, other storage locations of information concerning which permission to the corresponding legal proceedings is provided are in addition specified.

Two copies of the resolution which are accurately designated as copies are made.

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