Inspections of the Antimonopoly Committee of Ukraine (AMK)

In recent years, inspections carried out by the Antimonopoly Committee of Ukraine and its territorial bodies have become more frequent in Ukraine.

AMK of Ukraine, having the authority, conducts both scheduled inspections and unscheduled ones.

If in the case of a scheduled inspection, the basis for its conduct is the inspection schedule approved by the Head of the Antimonopoly Committee of Ukraine, the head of the department of the Antimonopoly Committee of Ukraine, then in the case of an unscheduled inspection, it is not so simple.

A letter of "happiness" about an unscheduled audit can come to the company at any time and contain a number of requirements, namely:

• provide unimpeded access to the premises of the enterprise and to the documents located in them;
• provide oral and written explanations;
• provide the necessary documents and any other information, including confidential and so on.

In the course of the inspection, the representative of the AMK of Ukraine has the right to withdraw written and material evidence; seize such evidence. However, in practice, most often they still send letters demanding to provide the relevant documents in short lines.

As practice shows, not all companies are able to conduct their activities solely by adhering to the "letter" of the law, as a result of which they receive heavy fines, which are often in the millions or more.

In accordance with the Procedure for conducting inspections of compliance with legislation on the protection of economic competition

The grounds for an unscheduled inspection are:

• instructions of the President of Ukraine, the Cabinet of Ministers of Ukraine;
• statements of business entities, citizens, associations, institutions, organizations about the violation of their rights as a result of actions or inaction determined by the Law of Ukraine "On the Protection of Economic Competition";
• representation of executive authorities, local self-government bodies, antimonopoly and economic management and control bodies on violations of the legislation on the protection of economic competition by the object of inspection;
• the initiative of the bodies of the Antimonopoly Committee of Ukraine, the head of the department in accordance with paragraph four of part 1 of Article 36 of the Law of Ukraine "On the Protection of Economic Competition" in the event of direct detection by civil servants of the Antimonopoly Committee of Ukraine or its department of signs of violation of the legislation on the protection of economic competition defined by Article 50 of the Law of Ukraine "On the Protection of Economic Competition" and Articles 1, 4-19 of the Law of Ukraine "On Protection from Unfair Competition";
• the initiative of the bodies of the Antimonopoly Committee of Ukraine in accordance with paragraph five of part 1 of Article 36 of the Law of Ukraine "On the Protection of Economic Competition" in the event of a petition from the applicant about the possibility of negative consequences associated with filing an application and in order to protect his interests;
• revealing the inaccuracy of the data declared by the object of verification in the documents submitted in response to a mandatory request from the bodies of the Antimonopoly Committee of Ukraine, the head of the department of the Antimonopoly Committee of Ukraine;
• submission of a complaint by the subject of the inspection in accordance with the established procedure about violations of the law by officials of the Antimonopoly Committee of Ukraine, its branch during a scheduled or unscheduled field inspection of compliance with the legislation on the protection of economic competition;
• the need to verify information received from a person who has legal relations with the object of the audit (if he does not provide explanations and documentary confirmation of them in response to a mandatory request from the bodies of the Antimonopoly Committee of Ukraine, the head of the department of the Antimonopoly Committee of Ukraine within three working days from the date of receipt of the request for compliance with legislation on the protection of economic competition);
• personal request of the object of verification;
• commission of special bodies for the fight against organized crime;
• availability of documented data on monopolization of the product market or anticompetitive concerted actions received by the bodies of the Antimonopoly Committee of Ukraine in accordance with the current legislation during the execution of their tasks;
• on the initiative of the bodies of the Antimonopoly Committee of Ukraine.

The more successful a business is when bank accounts grow, the more attention it attracts from regulatory authorities, including the Antimonopoly Committee of Ukraine.

If the Antimonopoly Committee of Ukraine or its territorial body contacted you about an audit, immediately contact a qualified specialist on these issues who can protect you and your business.

Law Firm Novakovskaya & Partners has significant experience in:

• advising on issues of antimonopoly legislation;
• accompanying inspections of the Antimonopoly Committee of Ukraine;
• representation in courts in disputes with the Antimonopoly Committee of Ukraine;
• cancellation of decisions of the Antimonopoly Committee of Ukraine.

We protect your rights from violations caused by unlawful decisions of the executive authorities. We ensure the stability and predictability of your business in the field of subsoil use. Contact us