Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
21.02.2024 Order of the Antimonopoly Committee dated 14.12.2023 No. 22-rp, which defines the procedure for calculating the monetary amount of a fine for violating the legislation on the protection of economic competition.
The document states that the bodies of the Antimonopoly Committee fine associations and corporations for conducting illegal business:
- authorized natural or legal persons;
- entities;
- business groups, which include legal entities and/or natural persons, which, in accordance with Article 1 of the Law "On the Protection of Economic Competition", are considered business entities, in the cases specified in the fourth part of Article 52. of this Law.
Penalties apply to companies found to be in violation of their actions or omissions.
If several legal entities and/or individuals participate in the collective of a recognized entrepreneurial society, a monetary penalty is imposed on the entrepreneurial organization in the form of legal entities and/or individuals who:
-actions, inactions) that caused a violation of a specific business rule, and/or
Have privileges that would prevent these privileges from being violated.
- could receive or will receive benefit from the actions or words of other persons (in particular, the possibility to influence the actions of other legal or natural persons - subjects of entrepreneurial activity, to receive part of their income).
The conditions that are taken into account when determining the amount of the fine are determined by the employees of the AMCU, its territorial branches, as well as by the committee itself, which collects and analyzes the evidence in the case before the committee makes a decision.
The circumstances that are taken into account when determining the amount of the fine are based on any relevant information that is official and subject to verification (state authorities that have confirmed the correctness of the information or can be verified).
- statistics;
- official data;
- tax and financial reporting, accounting information.
Other relevant information on the activities of business entities, received through the Committee's bodies during monitoring, at the request and appeals of the Committee's bodies, to the head of the territorial branch of the Committee for information.
Determination of the amount of the fine is carried out exclusively by the Antimonopoly Committee as a higher collegial body, the administrative board of the Committee at its meetings.
The explanation of the calculation of the amount of the fine is documented in the descriptive and advertising parts of the resolution in this case, the amount of the fine related to the violation of the defendant's rights is documented in the practical part of the resolution.
The amount of the fine is determined in the following steps:
- determination of the basic amount of the fine;
- By changing the amount of the fine depending on the circumstances, the basic amount of the fine is determined, and the amount of the fine increases or decreases compared to the basic amount;
- determination of the maximum amount of the fine.
The Antimonopoly Committee recognized that the general definition of the procedure is as follows:
- general method of determining the amount of fines for violation of legislation on economic competition;
- stages of calculating the amount of the fine;
Approaches to determining the basic amount of the fine are based on economic indicators.
- scenarios of increase and decrease, which indicate a change in the basic amount of punishment.
Other factors that affect the monetary value of the fine are discussed below.
- methods of determining the maximum amount of the fine.
In today's realities, tax lawyer consultation will be expedient in matters of business taxation, in connection with which the Legal Service "Consultant" will select a specialist to provide professional advice of a lawyer on tax issues, also on the service it is possible to receive a consultation of a tax lawyer is online consultation with a tax lawyer. A tax inspector lawyer free consultation with a tax lawyer from a tax lawyer, as well as form an effective legal position and prepare relevant documents on taxation issues.
