LEGAL REGULATION OF THE COMPETITIVE POLICY OF THE STATE AND MECHANISMS OF IMPROVEMENT OF ITS IMPLEMENTATION (COMPARATIVE AND LEGAL ASPECTS)
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to the legal aspect of the implementation of the state’s competitive policy on the basis of the foreign experience of competition law and the consolidation of mechanisms for the implementation of competition policy. It is necessary not only the consolidation of the legislative level, but also to introduce competition rules, taking into account the dynamic nature and evolution of competitive relations, providing for changes in regulatory regulation, and taking into account the strategic and tactical direction of implementing the state’s competitive policy, including the importance of interaction of a competitive policy with other areas economic policy of the state. A successful implementation of the state’s competitive policy requires the introduction of effective mechanisms for regulating competitive relations and ensuring the functioning of a market economy, taking into account the features of the functions of the state’s competitive policy. Ensuring the real state of competition in the market is possible only due to the powers, tasks, and functions of the Antimonopoly Committee of Ukraine, properly secured at the legislative level, and their practical implementation. An important point in legislative consolidation is the improvement of competition law in relation to the provisions of both substantive and procedural law. Effective competition law is possible only through the creation of an optimal system of means and methods of legal regulation of economic relations, along with the use of effective administrative mechanisms. The main direction of state policy should be the differentiation of means according to sectoral orientation. It is also important to take into account the dynamism of the development of competitive relations and competition rules, which involves the introduction of a competitive policy, taking into account its dynamic and static functions.
Authors and Affiliations
Т. І. ШВИДКА
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