Problem

2.2.7. The ineffective mechanism of preliminary inspection and assessment of the impact on competition during the establishment and operation of business entities causes a negative impact on competition.

General information about the problem

The main reason for the low effectiveness of the mechanism of preliminary control and assessment of the impact on competition during the establishment and operation of business entities is the lack of safeguards that would prevent government agencies, local self-government bodies, administrative and economic management and control authorities from avoiding evading control during the establishment of municipal and state-owned business entities, establishment and modification of the rules governing their behavior on the market.
In the absence of effective state control, the number of such business entities is constantly and uncontrollably increasing. At the same time, the operations of such business entities are characterized by low efficiency, leads to numerous violations of the law, in particular the law on the protection of economic competition, and results in an increase in the number of corruption offenses or corruption-related offenses.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 1
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
1
1
Not implemented
Measures implemented (fully and partially) - 0 (0%)

Deadlines for all measures

01.01.2024 - 30.09.2024

Implementation of SACP measures within the scope of the Problem by main main performers

National Agency on Corruption Prevention

0%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 1

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.2.7.1 Effective mechanisms have been introduced at the legislative level to control the impact on competition in connection with possible anticompetitive activity in sectors of the economy 2.2.7.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law stipulating that: 1) the Antimonopoly Committee shall establish the procedure and time frame for approval of drafts of normative legal acts and other decisions of government agencies, local self-government bodies, agencies exercising administrative and economic management and control, which can potentially affect competition, particularly those relating to the creation of business entities, instituting or modifying the rules of their market behavior, or those that could potentially cause prevention, elimination, restriction, or distortion of competition in the relevant markets; 2) the list of documents to be submitted by the applicant for state registration of a legal entity shall also include the document proving that the agency of the Antimonopoly Committee has approved the draft decision of the government agency or local self-government body to establish the business entity; 3) the absence of the document proving that the agency of the Antimonopoly Committee has approved the draft decision of the government agency or local self-government body to establish the business entity shall be grounds to deny state registration of the legal entity. National Agency on Corruption Prevention The measure has not been implemented Not implemented
0% 0/ 1

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: