LAW OF UKRAINE

On the Antimonopoly Committee of Ukraine

(The Official Journal of the Verkhovna Rada (OJVR), 1993, No. 50, p.472)

{Enacted by Resolution of VR No. 3660-XII (3660-12) of 26.11.93, OJVR, 1993, No. 50, p.473}

{As amended under Laws

No. 1907-III (1907-14) of 13.07.2000, OJVR, 2000, No. 41, p.343

No. 2905-III (2905-14) of 20.12.2001, OJVR, 2002, No. 12-13, p.92

No. 2921-III (2921-14) of 10.01.2002, OJVR, 2002, No. 16, p.114

No. 380-IV (380-15) of 26.12.2002, OJVR, 2003, No. 10-11, p.86

No. 762-IV (762-15) of 15.05.2003, OJVR, 2003, No. 30, p.247

No. 1294-IV (1294-15) of 20.11.2003, OJVR, 2004, No. 13, p.181

No. 1344-IV (1344-15) of 27.11.2003, OJVR, 2004, No. 17-18, p.250

No. 2285-IV (2285-15) of 23.12.2004, OJVR, 2005, No. 7-8, p.162

No. 2505-IV (2505-15) of 25.03.2005, OJVR, 2005, No. 17, No. 18-19,

p.267

No. 3205-IV (3205-15) of 15.12.2005, OJVR, 2006, No.14, p.118}

(In the wording of the Law words "central and local state executive bodies"and "local and regional authorities" in all cases were replaced with words"authorities and administrative and control authorities" and "local authorities" in relevant cases; words "local Councils of People’s Deputies "in call cases were replaced with words "local councils" in relevant cases; words "current legislation" and "current legislation of Ukraine" in all caseswere replaces with words "legislation" and "legislation of Ukraine" inrelevant cases; words "entrepreneur" and "business entity" in all cases werereplaced with words "economic entity" in relevant cases; words "entrepreneurs " and "business entities" in all cases were replaced with words "economicentities" in relevant cases; and words "state executive power" in all caseswere replaced with words "executive power" in relevant cases under Law No.1907-III (1907-14) of 13.07.2000)

(In the wording of the Law words "antimonopoly legislation" in all caseswere replaced with words "legislation on protection of economic competition"in the relevant case under Law No. 1294-IV (1294-15) of 20.11.2003)

CHAPTER I. GENERAL PROVISIONS

Article 1. Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine shall be the state body, which hasspecial status and the activity of which is aimed at ensuring the state protection of competition in entrepreneurial activities.

The peculiarities of special status of the Antimonopoly Committee of Ukraineshall be stipulated by its task and powers, as well as role in development ofcompetition policy, and set by this Law and other legislative acts. Inparticular, they shall consist in the special procedure for appointment anddismissal of the Chairman of the AntimonopolyCommittee of Ukraine, his/her deputies, state commissioners of the Antimonopoly Committee of Ukraine and heads of territorial offices of the Antimonopoly Committee of Ukraine,provision of social guarantees, protection of personal and property rights ofthe employees of the Antimonopoly Committee of Ukraine at the level ofemployees of law-enforcement agencies and labour remuneration conditions.(Article 1 was supplemented with Part 2 under Law No. 1294-IV (1294-15) of 20.11.2003) (Article 1 read as Law No. 1907-III (1907-14) of 13.07.2000, asamended under Law No. 1294-IV (1294-15) of 20.11.2003)

Article 2. Subordination and Accountability of the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine shall be subordinate to the Presidentof Ukraine and accountable to the Verkhovna Rada of Ukraine.

The Antimonopoly Committeeof Ukraine shall annually present a report on itsactivities to the Verkhovna Rada of Ukraine. (Article 2 read as Law No. 1907-III (1907-14) of 13.07.2000)

Article 3. Tasks of the Antimonopoly Committee of Ukraine

The main task of the Antimonopoly Committee shall be participation in development and implementation of the competition policy, namely:

1) exercise of state control over observance of the legislation onprotection of economic competition on the basis of equality of economicentities to the law and priority of rights of consumers, prevention,detection and termination of violation of the legislation on protection ofeconomic competition;

2) control over concentration and coordinated actions of economic entitiesand regulation of prices/rates of goods products/sold by natural monopolyentities;

3) promotion of fair competition; and

4) provision of guidance materials of application of the legislation onprotection of economic competition.

(Article 3 read as Laws No. 1907-III (1907-14) of 13.07.2000 and No. 1294-IV (1294-15) of 20.11.2003)

Article 4. Basic Principles of Activities of the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine shall base its activities on thefollowing principles:

- rule of law;

- publicity; and

- competition protection on the basis of equality of individuals and legalentities before the law and priority of consumer rights. (Article 4 (4) inthe wording of the Law No. 1294-IV (1294-15) of 20.11.2003)

Article 5. Legislation on the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine shall perform its activities incompliance with the Constitution of Ukraine (254к/96-ВР), the Laws of Ukraine "On Protection of Economic Competition" (2210-14) and "On Protection Against Unfair Competition" (236/96-ВР), this Law and other regulations adopted inaccordance with these laws. (Part 1 of Article 5 read as Law No. 1294-IV (1294-15) of 20.11.2003)

If an international treaty, by which the Verkhovna Rada of Ukraine agreed tobe bound, provides for rules, other than those of this Law, the rules of theinternational treaty shall be applied.

In this law relevant terms shallhave the meanings defined by the Law ofUkraine "On Protection of Economic Competition" (2210-14). (Part 3 of Article 5 read as Law No.1294-IV (1294-15) of 20.11.2003)

In this Law the term "legislation on protection of economic competition"shall have the meaning defined by Article 3 of the Law of Ukraine "OnProtection of Economic Competition" (2210-14). (Part 4 of Article 5 read as Law No. 1294-IV (1294-15) of 20.11.2003) (Article 5 read as Law No. 1907-III (1907-14) of 13.07.2000)

CHAPTER II. STRUCTURE, AUTHORITY AND ORGANІZATION

OF ACTIVITIES OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

Article 6. System of Bodies of the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine shall consist of the Chairman and tenstate commissioners.

Two first deputies and three deputies of the Chairman of the AntimonopolyCommittee of Ukraine shall be appointed from among state commissioners. (Part2 of Article 6 as amended under Laws No. 1907-III (1907-14) of 13.07.2000 andNo. 1294-IV

(1294-15) of 20.11.2003)

The Antimonopoly Committee of Ukraine shall establish its territorialoffices.

One of the state commissioners of the Antimonopoly Committee of Ukraineshall also perform as the Chairman of Kyiv City Territorial Office of theAntimonopoly Committee. (Article 6 was supplemented with Part 4 under Law No.1294-IV (1294-15) of 20.11.2003)

The Antimonopoly Committee of Ukraine and its territorial offices shallconstitute the system of bodies of the Antimonopoly Committee of Ukraine,which is headed by the Chairman of the Committee.

The Antimonopoly Committee of Ukraine and its territorial offices shall belegal entities, which have their current and deposit accounts in bankinginstitutions and stamps with the State Emblem and its name. (Part 1of Article 6 as amended under Law No. 2921-III (2921-14) of 10.01.2002)

The Antimonopoly Committee of Ukraine, administrative bodies of theAntimonopoly Committee of Ukraine, state commissioners of the AntimonopolyCommittee of Ukraine and administrativebodies of territorial branches of the Antimonopoly Committee of Ukraine shall be bodies of the AntimonopolyCommittee of Ukraine. (Article 6 was supplemented with Part 7 under Law No.1294-IV (1294-15) of 20.11.2003)

Article 7. Powers of the Antimonopoly Committee of Ukraine

The Antimonopoly Committee shall have the following powers in the field ofcontrol over observance of the legislation on economic competitionprotection:

1) to consider applications and cases of violation of the legislation oneconomic competition protection,and to carry out investigations on theseapplications and cases;

2) to make orders and decisions envisaged by the legislation on economiccompetition protection in respect of applications and cases, check and revisecase decisions and make its conclusions as to classification of actions underthe legislation on economic competition protection;

3) to try cases of administrative violations, make resolutions and checktheir legitimacy and propriety;

4) to check undertakings, associations, government authorities,administrative and control authorities, local authorities as to theircompliance with the requirements of the legislation on economic competitionprotection, and during investigations on applications and cases of violation of the legislation on economic competition protection;

5) to request from undertakings, associations, government authorities, localauthorities, administrative and control authorities, their officials andemployees, and other individuals and legal entities an information, including restricted data, during consideration of applications and cases of violationof the legislation on economic competition protection, check-ups and in other cases provided by legislation;

6) to appoint an examination and expert from among persons who haveknowledge necessary for giving an expert opinion;

7) to examine office premises and transport of undertakings –legal entities, withdraw or arrest articles, documents or other information media,which may be used as evidences or sources of evidences in legislation;

8) in case of keeping employees of the Antimonopoly Committee of Ukrainefrom exercise of their powers provided for in points 4,5 and 7 of thisArticle, to engage employees of police authorities for application of measures provided by legislation, in order to overcome the hurdles;

9) to engage employees of police authorities, customs and other law-enforcement authorities to ensure consideration of a case of violation of thelegislation on economic competition protection, particularly in case ofinvestigation;

10) to engage specialists of state authorities, local authorities,enterprises, institutions and organizations to carry out check-ups under agreement with their heads and deputies of local councils by their consent;

11) to carry out market researches, set limits of the commodity market, aswell as position, including monopoly (dominant) one, of undertakings in thismarket, and make relevant decisions/orders;

12) to determine presence or absence ofcontrol between undertakings or their parts and members of the group of undertakings being a singleundertaking;

13) to submit proposals which are subject to obligatory considerationconcerning cancellation of licences and termination of operations related to external economic activities of undertakings to the executive bodies andlocal authorities in case of their violation of the legislation on economiccompetition protection;

14) to submit recommendations which are subject to obligatory consideration to government authorities, local authorities, administrative and controlauthorities, undertakings and associations concerning termination of actionsor inactivity which have signs of violations of the legislation on economiccompetition protection, and elimination of causes of such violations andconditions facilitating them;

15) to apply to a court with claims, applications and complaints onapplication of the legislation on economic competition protection, and withrequests for providing information on legal cases considered by these courtsin accordance with the legislation on economic competition protection;

16) to apply to and receive from competent authorities of other states theinformation necessary for exercising their powers;

17) to provide competent authorities of other states with information incases and under the procedure provided by legislation;

17-1) to exercise powers envisaged by the Law of Ukraine "On Procurement ofGoods, Works and Services at the State Expense" (1490-14); {Paragraph 1 of the Article 7 was supplemented with Clause 17-1 under Law No. 3205-IV (3205-15) of 15.12.2005}, and

18) to exercise other powers envisaged by the legislation on economiccompetition protection and the Law of Ukraine "On Procurement of Goods, Works and Services at the State Expense" (1490-14); {Article 7 (1)(18) as amended under Law No. 424-V (424-16) of 01.12.2006}.

The Antimonopoly Committee of Ukraine shall have the following powers in thefield of control over concerted actions and concentration:

1) to consider applications and cases of granting an authorization, opinionsand preliminary conclusions in respect of concerted actions, concentration,and to carry out investigations on these applications and cases;

2) to make orders and decisions envisaged by the legislation on economiccompetition protection in respect of applications and cases of granting anauthorization for concerted actions, concentration, and to give opinions andmake preliminary conclusion concerning concerted actions, concentration, as well as conclusions concerning classification of actions according to thelegislation on economic competition protection;

3) to revise and check decisions taken by bodies of the Antimonopoly Committee of Ukraine within their competence;

4) to permit or ban concerted actions and concentration;

5) to request from undertakings, associations, government authorities, localauthorities, administrative and control authorities, their officials andemployees, and other individuals and legalentities an information, including the restricted data, during consideration of applications and cases ofviolation of the legislation on protection of economic concentration, check-ups and in other cases provided by legislation;

6) to exercise powers provided for in points 6, 11, 12, 15 and 16 of the paragraph 1 of this Article;

7) to exercise other powers envisaged by the legislation on economiccompetition protection.

The Antimonopoly Committee of Ukraine shall have the following powers in afield of making and implementation of the competition policy, advancement ofcompetition development, of the regulatory and methodological framework of activities of the Antimonopoly Committee of Ukraine, and of application ofthe legislation on economic competition protection:

1) to request from undertakings, associations, government authorities,administrative and control authorities, local authorities and their officialsan information, including the restricted data, necessary for market research,as well as information on the competition policy;

2) to generalize and analyze information on implementation of legislationacts on economic competition protection in respect of priorities and areas ofthe competition policy;

3) to take part in development of laws and other regulations which regulate issues of competition development, competition policy and economydemonopolization, and submitproposals to the President of Ukraine and theCabinet of Ministers of Ukraine in respect of them under the establishedprocedure, as well as to coordinate draft regulations of the President ofUkraine, the Cabinet of Ministers of Ukraine, central and local executivebodies, local authorities, and administrative and control authorities, whichmay have impact on competition;

4) to exercise powers provided for in points 6, 11, 12 and 15 of theparagraph 1 of this Article;

5) to submit recommendations which are subject to compulsory considerationto government and local authorities, institutions, organizations,undertakings and associations, concerning implementation of measures aimed atrestriction of monopoly, development of business activities and competition,prevention of violation of the legislation on economic competitionprotections, as well as termination of actions or inactivity, which may have an adverse effect on competition;

6) to cooperate with government and local authorities, administrative andcontrol authorities, enterprises, institutions and organizations on issuesregarding to development, support and economic competition protection and economy demonopolization;

7) to generalize the practice of application of the legislation on economiccompetition protection and submit proposals concerning its improvement to therelevant government authorities;

8) to develop and organize implementation of measures aimed at prevention ofviolations of the legislation on economic competition protection;

9) to participate in developing and making proposals to the President ofUkraine and the Cabinet of Ministers of Ukraine concerning draft regulations on competition policy, competition development and protection, and economydemonopolization;

10) to develop and approve interdepartmental regulations on development andeconomic competition protections and economy demonopolization in cooperation with other interested government authorities;

11) to adopt own regulations in the form of orders on issues within itscompetence, namely control over concerted actions, concentration,jurisdiction and consideration of applications and cases concerning concerted actions, concentration and violation of the legislation on economiccompetition protection, and organization of activities of the AntimonopolyCommittee of Ukraine bodies;

12) to give official interpretation of own regulations;

13) to give advisory interpretation on application of the legislation oneconomic competition protection;

14) to submit proposals to the President Of Ukraine, Cabinet of Ministers ofUkraine and National Bank of Ukraine, and give instructions to the government and local authorities to amend the regulations adopted by them, which do notcomply with the legislation on economic competition protection or createbarriers to competition development due to their ambiguous interpretation;

15) to establish administrative boards of the Antimonopoly Committee ofUkraine;

16) to establish territorial offices and advisory bodies of the AntimonopolyCommittee of Ukraine;

17) to take part in development and implementation of international projectsand programs, and cooperate with international organizations, governmentauthorities and non-governmental organizations of other states on matters,which are within the competence of the Antimonopoly Committee of Ukraine;

18) to publish its publications, official journals/digests of legislation acts on economic competition protection, and keep an electronic page in theInternet; and

19) to exercise other powers envisaged by the legislation on economiccompetition protection and the Law of Ukraine "On Procurement of Goods, Works and Services at the State Expense" (1490-14); {the Article 7 (1)(19) as amended under Law No. 424-V (424-16) of 01.12.2006}..

Exercise powers of the Antimonopoly Committee of Ukraine provided for inpoints 1-4 and 11 of the paragraph 1, points 1, 2 and 4 of the paragraph 2, and points 11-13, 15 and 16 of the paragraph 3 of this Article by othergovernment authorities is not allowed.

(Article 7 as amended by the Law No. 1907-III (1907-14) of 13.07.2000, as amended under Law No. 762-IV (762-15) of 15.05.2003; in the wording of the Law No. 1294-IV (1294-15) of 20.11.2003, Article 7 (1) in the part ofgranting powers to consider cases of administrative violations shall comeinto force on the day of making appropriate amendments to the Code of Ukraine on Administrative Violations (80731-10 and 80732-10) according to the Law No. 1294-IV (1294-15) of 20.11.2003)

(Article 8 was deleted on the basis of Law No. 1294-IV (1294-15) of 20.11.2003)

Article 9. Chairman of the Antimonopoly Committee

The Chairman of the Antimonopoly Committee of Ukraine shall be appointed anddismissed by the President of Ukraine by approval of the Verkhovna Rada ofUkraine.

The term of office of the Chairman of the Antimonopoly Committee of Ukraineshall be seven years. The Chairman of the Antimonopoly Committee of Ukrainemay not be appointed as such for more than two terms of office on end. (Part2 of Article 9 as amended under Law No. 1294-IV (1294-15) of 20.11.2003)

After expiration of the term of office the Chairman of the Antimonopoly Committee of Ukraine shall continue performing his/her duties until a new Chairman is appointed.

The Chairman of the Antimonopoly Committee of Ukraine may be dismissed, ifs/he committed a crime or can not perform his/her duties due to the state of health. The Chairman of the Antimonopoly Committee of Ukraine shall have theright to submit his/her resignation to the President of Ukraine. Thetermination of powers of the Chairman of the Committee shall not result inlaying down the office as state commissioners of the Antimonopoly Committeeof Ukraine. (Part 4 of Article 9 as amended under Law No. 1294-IV (1294-15) of 20.11.2003)

A new Chairman shall be appointed instead of the Chairman of theAntimonopoly Committee of Ukraine,the powers of whom were terminated earlier, for the remaining term.

The Chairman of the Antimonopoly Committee of Ukraine shall:

Head the Antimonopoly Committee of Ukraine, direct its activities and preside at the meetings of the Antimonopoly Committee of Ukraine; (Paragraph 2 of Part 6 of Article 9 as amended under Law No. 1294-IV (1294-15) of 20.11.2003)

Submit proposals to the Prime Ministers of Ukraine to appoint and dismissthe deputies of the Chairman and state commissioners of the AntimonopolyCommittee of Ukraine;

Allocate duties between the first deputies and deputies of the Chairman andstate commissioners of the Antimonopoly Committee of Ukraine and directactivities of territorial offices of the Antimonopoly Committee of Ukraine;(Paragraph 4 of Part 6 of Article 9 read as Law No. 1294-IV (1294-15) of 20.11.2003)

Submit the budget of income and expenses of the Antimonopoly Committee ofUkraine and its territorial offices for approval of the AntimonopolyCommittee of Ukraine;

Manage budgetary appropriations to support and provide for activities of theAntimonopoly Committee of Ukraine;

Take on, transfer and dismiss employees of the Antimonopoly Committee ofUkraine and its territorial offices, apply incentive measures and imposedisciplinary sanctions on employees of the Committee and its territorialoffices in accordance with the law;

Establish territorial offices within the budget, temporary administration ofthe Antimonopoly Committee of Ukraine for matters, which are within theauthority of the Antimonopoly Committee of Ukraine; (Paragraph 8 of Part 6 ofArticle 9 as amended under Law No. 1294-IV (1294-15) of 20.11.2003)

Issue orders, approve provisions, instructions and other acts, which havebinding effect on the employees of the Antimonopoly Committee of Ukraine andits territorial offices; (Paragraph 9 of Part 6 of Article 9 as amended underLaw No. 1294-IV (1294-15) of 20.11.2003)

Represent the Antimonopoly Committee of Ukraine in its relations with stateauthorities, local authorities, administrative and control authorities,economic entities, citizens and associations of economic entities andcitizens and sign on behalf of the Antimonopoly Committee of Ukraineinterdepartmental regulations; (Paragraph 10 of Part 6 of Article 9 as amended under Law No. 1294-IV (1294-15) of 20.11.2003)

Have the right to require any materials, including applications and cases ongranting a permit for coordinated actions and concentration and violation ofthe legislation on protection of economic competitions, which are pending by the Antimonopoly Committee of Ukraine or Chairman of the territorial officeof the Antimonopoly Committee of Ukraine by request of persons participatingin the case, bodies of the Antimonopoly Committee of Ukraine, the Chairman of its territorial office or by own initiative, and submit them forconsideration to another body of the Antimonopoly Committee of Ukraine,except for applications and cases referred to the exclusive competence of theAntimonopoly Committee of Ukraine as a supreme collegial body; (Part 6 ofArticle 9 was supplemented with Paragraph 11 under Law No. 1294-IV (1294-15) of 20.11.2003)

Approve the structure of the Antimonopoly Committee of Ukraine; (Part 6 ofArticle 9 was supplemented with Paragraph 12 under Law No. 1294-IV (1294-15) of 20.11.2003)

Approve the staff and budget of the Antimonopoly Committee of Ukraine, afteragreement with the authorized central executive body for finance, andstaffing list and budget of the territorial offices of the Antimonopoly Committee of Ukraine; (Part 6 of Article 9 was supplemented with supplementedwith Paragraph 13 under Law No. 1294-IV (1294-15) of 20.11.2003 )

Perform other actions envisaged by the legislation on protection of economiccompetition. (Paragraph 14 of Part 6 of Article 9 read as Law No. 1294-IV (1294-15) of 20.11.2003)

By request of the Antimonopoly Committee of Ukraine, but at least once ayear, the Chairman of the Antimonopoly Committee of Ukraine shall report onactivities of the Committee to the Verkhovna Rada of Ukraine.

The Chairman of the Antimonopoly Committee of Ukraine shall have the statusof a state commissioner envisaged by this Law.

The Chairman of the Antimonopoly Committee of Ukraine shall have the rightto participate in the meetings of the Cabinet of Ministers of Ukraine withthe right of advisory vote. (Article 9 was supplemented with Part 9 under LawNo. 1294-IV (1294-15) of 20.11.2003) (Article 9 read as Law No. 1907-III (1907-14) of 13.07.2000)

Article 10. Deputies of the Chairman of the Antimonopoly Committee of Ukraine

The first deputies and deputies of the Chairman of the AntimonopolyCommittee of Ukraine shall be appointed from among state commissioners anddismissed by the President of Ukraine by recommendation of the Prime Ministers of Ukraine, which is submitted on the bases of proposals of theChairman of the Antimonopoly Committee of Ukraine. (Part 1 of Article 10 asamended under Law No. 1294-IV (1294-15) of 20.11.2003)

Te term of office of the first deputies and deputies of the Chairman of theAntimonopoly Committee of Ukraine shall be terminated after their term asstate commissioners expires or under Part 2 of Article 18 of this Law.(Article 10 was supplemented with Part 2 under Law No. 1294-IV (1294-15) of 20.11.2003)

The first deputies and deputies of the Antimonopoly Committee of Ukraineshall:

1) coordinate and control work of territorial offices of the AntimonopolyCommittee of Ukraine, advisory bodies of the Antimonopoly Committee ofUkraine and institutions managed by the Antimonopoly Committee of Ukraine;

2) direct and control activities of their subordinate structuralsubdivisions;

3) arrange legal support of the activity of the structural subdivisions ofthe Antimonopoly Committee of Ukraine;

4) provide for cooperation of the Antimonopoly Committee of Ukraine with theVerkhovna Rada of Ukraine;

5) provide for cooperation of the Antimonopoly Committee of Ukraine with theMinistries and other central executive bodies, law-enforcement authorities, courts, other state authorities, enterprises, institutions and organizations;

6) provide for cooperation of the Antimonopoly Committee of Ukraine withinternational organizations, state authorities and non-governmentalorganizations of other states;

7) take part in the meetings of the Committees of the Verkhovna Rada ofUkraine during consideration of issues related to the activity of theAntimonopoly Committee of Ukraine and represent the Antimonopoly Committee ofUkraine in relations with other state authorities, local authorities,enterprises, institutions and organizationsby order of the Chairman of the Antimonopoly Committee of Ukraine; and

8) approve the appointment and dismissal of employees, changes in thestructure and staffing list of their subordinate structures. (Article 10 wassupplemented with Part 3 under Law No. 1294-IV (1294-15) of 20.11.2003)

The first deputies shall have the right to authorize employees of theAntimonopoly Committee of Ukraine and its territorial offices to represent the Antimonopoly Committee in court. (Article 10 was supplemented with Part 4under Law No. 1294-IV (1294-15) of 20.11.2003)

The Chairman of the Antimonopoly Committee of Ukraine shall allocate dutiesbetween the first Deputy Chairmen and Deputy Chairmen of the AntimonopolyCommittee of Ukraine. (Article 10 was supplemented with Part 5 under Law No.1294-IV (1294-15) of 20.11.2003)

By order of the Chairman of the Antimonopoly Committee the first deputiesand deputies of the Chairman shall perform his/her functions and substitutethe Chairman of the Committee, if s/he is absent or can not exercise his/herpowers. (Part 6 of Article 10 as amended under Law No. 1294-IV (1294-15) of 20.11.2003)

In case of absence of the first deputies and deputies a state commissioner of the Antimonopoly Committee of Ukraine shall perform as the Chairman of theAntimonopoly Committee of Ukraine. (Part 7 of Article 10 as amended under LawNo. 1294-IV (1294-15) of 20.11.2003) (Article 10 read as Law No. 1907-III (1907-14) of 13.07.2000)

Article 11. State Commissioners of the Antimonopoly Committee of Ukraine

State commissioners of the Antimonopoly Committee of Ukraine shall beappointed and dismissed by the President of Ukraine by recommendation of the Prime Minister of Ukraine submitted on the basis of the proposals of theChairman of the Antimonopoly Committee.

The term of office of a state commissioner of the Antimonopoly Committee ofUkraine shall be seven years. (Part 2 of Article 11 read as Law No. 1294-IV (1294-15) of 20.11.2003)

After expiration of the term of office a state commissioner shall continueperforming his/her duties until a new state commissioner is appointed.

A new state commissioner shall be appointed instead of the statecommissioner, who quitted the Committee earlier, for the remaining period.(Part 5 of Article 11 was deleted under Law No. 1294-IV (1294-15) of 20.11.2003)

A state commissioner shall be a citizen of Ukraine, who reached the age ofthirty, has higher, as a rule, legal or economic education and at least five-year occupational work experience for the last ten years.

State commissioners shall be members of the Antimonopoly Committee ofUkraine as the supreme collegial body.

State commissioners shall heador be members of the administrative bodies ofthe Antimonopoly Committee of Ukraine and perform other duties by order ofthe Chairman of the Antimonopoly Committee of Ukraine. (Part 8 of Article 11as amended under Law No. 1294-IV (1294-15) of 20.11.2003) (Article 11 read as Law No. 1907-III (1907-14) of 13.07.2000)

Article 12. Territorial Offices of the Antimonopoly Committee of Ukraine

The territorial offices of the Antimonopoly Committee of Ukraine shall beestablished in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol to implement tasks, with which the Antimonopoly Committee ofUkraine is entrusted. The powers of the territorial offices shall be set bythe Committee within its authority. If necessary, territorial offices may be established between oblasts. (Part 1 of Article 12 as amended under Laws No.1907-III (1907-14) of 13.07.2000 and No. 1294-IV (1294-15) of 20.11.2003)

This Law and other legislative acts shall define the powers of theterritorial offices of the Antimonopoly Committee of Ukraine. The powers ofthe territorial office of the Antimonopoly Committee of Ukraine may notexceed the powers of the Antimonopoly Committee of Ukraine set by the law.(Part 2 of Article 12 read as Law No. 1294-IV (1294-15) of 20.11.2003)

A territorial office of the Antimonopoly Committee shall be headed by thehead of the territorial office. The head of the territorial offices andhis/her deputy shall be appointed and dismissed by the Chairman of theAntimonopoly Committee of Ukraine. The deputy head of the territorial officeshall be appointed and dismissed by the Chairman of the Committee byrecommendation of the head of the territorial office. (Part 3 of Article 12as amended under Law No. 1294-IV (1294-15) of 20.11.2003)

The head of Kyiv city territorial office of the Antimonopoly Committee shallbe a state commissioner of the Antimonopoly Committee of Ukraine. (Article 12was supplemented with Part 4 under Law No. 1294-IV (1294-15) of 20.11.2003)

Restrictions as to the procedure for the appointment of heads of theterritorial offices of the Antimonopoly Committee of Ukraine and theirdeputies, including by introduction of the duty to agree candidates fortheses positions with other state authorities and local authorities, shall be prohibited. (The Part of Article 12 as amended under Law No. 1907-III (1907-14) of 13.07.2000, read as Law No. 1294-IV (1294-15) of 20.11.2003)

A territorial office of the Antimonopoly Committee of Ukraine shall besubordinate and report to the Antimonopoly Committee of Ukraine. (The Part ofArticle 12 as amended under Law No. 1907-III (1907-14) of 13.07.2000, read as Law No. 1294-IV

(1294-15) of 20.11.2003)

Article 12-1. The Procedure for Establishment and Activity of Collegial Bodies of the Antimonopoly Committee of Ukraine

The permanent administrative collegiums of the Antimonopoly Committee of Ukraine shall be established by the Antimonopoly Committee of Ukraine. They shall consist of three state commissioners. The first deputy or one of the deputies of the Chairman of the Antimonopoly Committee shall be in charge of a permanent administrative board.

The temporary administrative collegiums of the Antimonopoly Committee ofUkraine shall be established by the Chairman of the Antimonopoly Committee of Ukraine from among state commissioners and heads of territorial offices ofthe Antimonopoly Committee. They shall consistof at least three persons. A state commissioner of the Antimonopoly Committee of Ukraine shall be incharge of a temporary administrative board.

The administrative board of the territorial office of the AntimonopolyCommittee of Ukraine shall be established by the head of the territorialoffices of the Antimonopoly Committee of Ukraine from among managerialemployees of the territorial office. It shall consist of at least threeemployees of this territorialoffice. By consent of the Chairman of theAntimonopoly Committee of Ukraine, officials of the Antimonopoly Committee ofUkraine may be members of the administrative board of the territorial office. The head of the territorial office or his/her deputy shall be in charge ofthe administrative board of the territorial office of the AntimonopolyCommittee of Ukraine.

The head of the relevant territorial office of the Antimonopoly Committee of Ukraine shall coordinate the activities of the administrative board of the territorial office of the Antimonopoly Committee of Ukraine.

Members of the Antimonopoly Committee of Ukraine, administrative board of the Antimonopoly Committee of Ukraine and administrative board of the territorial office of the Antimonopoly Committee of Ukraine shall have equalrights concerning consideration of issues within the competence of theseauthorities, in compliance with the legislation on protection of economic competition, including in the course of making orders and decisions.

The decision of the administrative board of the Antimonopoly Committee of Ukraine shall be made on behalf of the Antimonopoly Committee of Ukraine.

The decision of the administrative board of the territorial office of the Antimonopoly Committee of Ukraine shall be made on behalf of the territorialoffice of the Antimonopoly Committee of Ukraine.

Sessions shall be the form of work of the Antimonopoly Committee of Ukraine,administrative collegiums of the Antimonopoly Committee of Ukraine andadministrative collegiums of the territorial offices of the AntimonopolyCommittee of Ukraine.

Sessions of the Antimonopoly Committee of Ukraine, administrative board ofthe Antimonopoly Committee of Ukraine and administrative board of theterritorial office of the Antimonopoly Committee of Ukraine shall be legallycompetent provided the majority of their members are present.

Orders and decisions of the Antimonopoly Committee of Ukraine, administrative board of the Antimonopoly Committee of Ukraine andadministrative board of the territorial office of the Antimonopoly Committeeof Ukraine shall be adopted by the majority of votes of present members.

If the Antimonopoly Committee of Ukraine checks a decision made by a state commissioner of the Antimonopoly Committee of Ukraine or administrative boardof the Antimonopoly Committee of Ukraine, or checks legitimacy andreasonableness of the resolution on administrative violation passed by the administrative board of the Antimonopoly Committee of Ukraine or statecommissioner of the Antimonopoly Committee of Ukraine, the session shall belegally competent, if the majority of members of the Antimonopoly Committeeof Ukraine are present, exceptfor members of the Antimonopoly Committee ofUkraine, who adopted the decision or passed the resolution that is beingchecked. In this case the decision shall be taken by the AntimonopolyCommittee of Ukraine by the majority of its members and members of the Antimonopoly Committee of Ukraine, who made the decision or passed theresolution that is being checked, shall not participation in the voting.

The procedure for activity of the Antimonopoly Committee of Ukraine,administrative boards of the Antimonopoly Committee of Ukraine and administrative boards of the territorial office of the Antimonopoly Committeeof Ukraine as collegial bodies shall be set by this Law, other acts of thelegislation on protection of economic competition, including regulations of these bodies that are approved by the Antimonopoly Committee of Ukraine. (TheLaw was supplemented with Article 12-1 under Law No. 1294-IV (1294-15) of 20.11.2003)

Article 13. Exclusive Competence of the Antimonopoly Committee of Ukraine as Supreme Collegial Body

The exclusive competence of the Antimonopoly Committee of Ukraine includes:

1) granting a permit or ban on coordinated actions under Part 1 and 2 of Article 10 of the Law of Ukraine "On Protection of Economic Competition" (2210-14);

2) checking decisions made by state commissioners and administrative boardsof the Antimonopoly Committee of Ukraine and checking legitimacy andreasonableness of resolution on administrative violations passed by statecommissioners and administrative boards of the Antimonopoly Committee of Ukraine. This restriction shall not be applied in case of check-ups, investigations and trials by relevant law-enforcement bodies and courts;

3) revising decisions made by the Antimonopoly Committee of Ukraine, incases of violation of the legislation on protection of economic competitionand under applications and cases on coordinated actions and concentration;

4) adopting own regulations;

5) approving interdepartmental regulations together with other interestedexecutive bodies;

6) approving draft regulations developed by the Antimonopoly Committee ofUkraine on matters within its authority, in compliance with the legislationon protection of economic competition;

7) giving official interpretation of own regulations and providing advisory interpretations on application of the legislation on protection of economiccompetition;

8) approving the Provision on territorial office of the AntimonopolyCommittee of Ukraine;

9) approving provisions on advisory boards of the Antimonopoly Committee of Ukraine and their members;

10) establishing permanent administrative boards of the AntimonopolyCommittee of Ukraine;

11) hearing reports of state commissioners, heads of territorial offices andheads of independent structural subdivisions of the Antimonopoly Committee ofUkraine; and

12) approving reports on the activity of the Antimonopoly Committee ofUkraine for their submission to the Verkhovna Rada of Ukraine.

The Antimonopoly Committee of Ukraine being the supreme collegial body mayconsider any issue within the authority of its bodies. (Article 13 as amendedunder Law No. 1907-III (1907-14) of 13.07.2000, read as Law No. 1294-IV (1294-15) of 20.11.2003, Part 1 of Article 13 in part of authorizing toconsider cases of administrative violations shall come into force on the dateof making relevant amendments to the Code of Ukraine on AdministrativeViolations (80731-10, 80732-10) under Law No. 1294-IV (1294-15) of 20.11.2003)

Article 14. Powers of Administrative Boards of the Antimonopoly Committee of Ukraine and Administrative Boards of the Territorial Office of the Antimonopoly Committee of Ukraine

The permanent administrative board of the Antimonopoly Committee of Ukraineshall have the following powers:

1) to consider applications and cases on violation of the legislation onprotection of economic competition, on granting a permit and givingpreliminary conclusions concerning coordinated actions and concentration, aswell as to make investigations or researches in respect of these applications and cases;

2) to make orders and decisions envisaged by the legislation on protectionof economic competition, make conclusions as to classification of actionsunder the legislation on protection of economic competition and preliminary conclusions concerning coordinated actions and concentration;

3) to check decisions of the administrative boards of the territorialoffices of the Antimonopoly Committee of Ukraine;

4) to revise decisions made by the permanent administrative board of the Antimonopoly Committee of Ukraine;

5) to require from economic entities, associations, authorities, localauthorities, administrative and control authorities, their officials andemployees, other individuals and legal entities information, including restricted one, in the course of consideration of applications and cases onviolation of the legislation on protection of economic competition, during acheck-up and in other cases envisaged by the law;

6) to appoint an examination or expert from among persons, who have necessary knowledge, for giving the expert opinion;

7) to research the market, determine trade market and status of economicentities in this market, including monopoly (dominant) one, and make relevant decisions/orders;

8) to determine the presence or absence of control between economic entitiesor their parts and members of the group of economic entities, being a singleeconomic entity;

9) to make recommendations as to cancellation of licences and termination ofoperations related to external economic activities of economic entities, incase of their violation of the legislation on protection of economiccompetition, to the executive bodies, which must be considered by them;

10) to make compulsory recommendations to the authorities, local authorities, administrative and control authorities, economic entities andassociations as to termination of actions or inactivity, which have signs ofviolations of the legislation on protection of economic competition, andelimination of causes of these violations and conditions promoting them;

11) to consider cases of administrative violations, pass resolutions andcheck the legitimacy and reasonableness of the resolutions made by theadministrative boards of territorial offices of the Antimonopoly Committee of Ukraine in these cases;

12) to request the court to provide information on cases tried by thesecourts under the legislation on protection of economic competition.

The permanent administrative board of the Antimonopoly Committee of Ukraine shall have the right to give compulsory recommendations and make proposals tothe state authorities, local authorities, institutions, organizations,economic entities and associations as to carrying out measures aimed atlimitation of the monopoly, development of business activities andcompetition, prevention of violations of the legislation on protection ofeconomic competition, as well as termination of actions or inactivity thatmay have adverse effect on competition.

The permanent administrative board of the Antimonopoly Committee shallexercise other powers under the legislation on protection of economiccompetition.

The powers оf temporary administrative board of the Antimonopoly Committeeof Ukraine include revision of the decisions made by the temporaryadministrative board of the Antimonopoly Committee of Ukraine, exercise ofpowers envisaged by Clauses 1, 2, 5-10 and 12 of Part 1 and in Part 2 of this Article, as well as exercise of other powers in compliance with thelegislation on protection of economic competition.

The administrative board of the territorial office of the AntimonopolyCommittee of Ukraine shall have the following powers:

1) to consider the applications and cases on violation of the legislation onprotection of economic competition, granting a permit and making preliminaryconclusions concerning coordinated actions, to make investigation or researchunder these applications and cases;

2) To make orders and decisions envisaged by the legislation on protectionof economic competition, to make conclusions as to classification of actionsin compliance with the legislation on protection of economic competition and preliminary conclusions concerning coordinated actions;

3) to consider cases on administrative violations and to pass resolutions inthese cases;

4) to revise decisions made by the administrative board of the territorialoffice of the Antimonopoly Committee of Ukraine;

5) to require from economic entities, associations, authorities, localauthorities, administrative and control authorities, their officials andemployees, other individuals and legal entities information, includingrestricted one, in the course of consideration of applications and cases onviolation of the legislation on protection of economic competition, during acheck-up and in other cases envisaged by the law;

6) to appoint an examination or expert from among persons, who have necessary knowledge, for giving an expert opinion;

7) to research the market, determine trade market and status of economic entities in this market, including monopoly (dominant) one, and make relevant decisions/orders;

8) to determine the presence or absence of control between economic entitiesor their parts and members of the group of economic entities, being a singleeconomic entity;

9) to make recommendations as to cancellation of licences and termination ofoperations related to external economic activities of economic entities, incase of their violation of the legislation on protection of economiccompetition, to the executive bodies, which must be considered by them;

10) to make compulsory recommendations to the authorities, localauthorities, administrative and control authorities, economic entities andassociations as to termination of actions or inactivity, which have signs ofviolations of the legislation on protection of economic competition, andelimination of causes of these violations and conditions promoting them;

11) to request the court to provide information on cases tried by thesecourts under the legislation on protection of economic competition.

The administrative board of the territorial office of the AntimonopolyCommittee of Ukraine shall have the right to make compulsory recommendationsand make proposals to the state authorities, local authorities, institutions,organizations, economic entities and associations as to taking measures aimedat the limitation of monopoly, development of the business activities andcompetition, prevention of violation of the legislation on protection ofeconomic competition, as well as termination of actions or inactivity, whichmay have adverse effect on the competition.

The administrative board of the territorial office of the AntimonopolyCommittee of Ukraine shall exercise other powers under the legislation onprotection of economic competition. (Article 14 as amended under Law No.1907-III (1907-14) of 13.07.2000, read as Law No. 1294-IV (1294-15) of 20.11.2003. Article 14 in part of granting powers to consider cases onadministrative violations shall come into force on the date of makingrelevant amendments to the Code of Ukraine on administrative violations(80731-10, 80732-10) under Law No. 1294-IV (1294-15) of 20.11.2003)

Article 15. The Staff of the Antimonopoly Committee of Ukraine and of Its Territorial Offices

The staff of the Antimonopoly Committee of Ukraine and of its territorialoffices shall provide activities of the Antimonopoly Committee of Ukraine and its bodies, territorial offices of the Antimonopoly Committee of Ukraine, aswell as organizational, technical, analytical, information and other work.

By order of the Chairman of the Antimonopoly Committee of Ukraine, state commissioner or another body of the Antimonopoly Committee of Ukraine theofficials of the Antimonopoly Committee of Ukraine and of its territorialoffices may carry out the following actions in order to perform the tasksprovided for in the paragraph 1 of this Article:

1) to carry out inquiries on applications and cases of violation of thelegislation on economic competition protection, and investigations onapplications and cases of granting a permit and preliminary conclusionsconcerning concerted actions, concentration of undertakings, and to conductmarket researches;

2) to check undertakings, associations, government authorities,administrative and control authorities, local authorities as to theircompliance with the requirements of the legislation on economic competition protection, and during investigations on applications and cases of violationof the legislation on economic competition protection;

3) to freely access premises of enterprises, institutions and organizationsduring check-ups and investigations on applications and cases of violation ofthe legislation on economic competition protection, provided they show aservice certificate and documents confirming the carrying out of the check-up or investigation;

4) to request from undertakings, associations, government authorities, localauthorities, administrative and control bodies, their officials andemployees, and other individuals and legal entities an information, includingthe restricted data, in during consideration of applications and cases of violation of the legislation on economic competition protection, check-ups and in other cases provided for in the legislation;

5) to examine office premises and transport of undertakings –legal entities, to withdraw or arrest articles, documents or other informationmedia, which may be used as evidences or sources of evidences in the case,irrespective of their location, in cases and under the procedure provided bylegislation;

6) in case of keeping employees of the Antimonopoly Committee of Ukraine from exercise their powers provided for in points 2-5 of the paragraph 2 of this Article, to engage employees of police authorities for application ofmeasures provided by legislation, in order to overcome hurdles;

7) to engage employees of police authorities, customs and other law-enforcement authorities to ensure consideration of a case of violation of thelegislation on economic competition protection, particularly in case ofinvestigation, as well as collecting and withdrawing proofs, and sequestrating property, articles, documents and other data media;

8) to engage specialists of government authorities, local authorities,enterprises, institutions and organizations to carry out check-ups under agreement with their heads and deputies of local councils by their consent;and

9) to draw up protocols on administrative violations.

The officials of the territorial offices of the Antimonopoly Committee ofUkraine may perform actions envisaged by the paragraph 2 of this Article byorder of the bodies of the Antimonopoly Committee of Ukraine and heads ofrelevant territorial offices of the Antimonopoly Committee of Ukraine.

The Chairman of the Antimonopoly Committee of Ukraine shall approve theprovisions on structural subdivisionsof the Antimonopoly Committee of Ukraine, and the head of the territorial office of the Antimonopoly Committeeof Ukraine shall approve provisions on structural subdivisions of theterritorial office. (Article 15 in the wording of Law No. 1294-IV (1294-15) of 20.11.2003)

CHAPTER III. STATUS OF THE STATE COMMISSIONER AND THE HEAD OF A TERRITORIAL OFFICE OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

Article 16. Powers of the State Commissioner of the Antimonopoly Committee of Ukraine

The state commissioner of the Antimonopoly Committee of Ukraine shall have the following powers:

1) to consider applications and cases of violation of the legislation oneconomic competition protection, of granting a permit and making preliminaryconclusions concerning concerted actions and concentration, to make orders tostart the consideration of the case or to give a motivated refusal to try thecase, to carry out and organize investigations or researches on theseapplications and cases, to terminate proceedings on these cases, irrespective of their jurisdiction to other bodies of the Antimonopoly Committee ofUkraine, and to submit them to these bodies for consideration for making adecision, according to the procedure established by the AntimonopolyCommittee of Ukraine;

2) to make orders and decisions envisaged by the legislation on economiccompetition protection, and to make conclusions concerning classification ofactions in accordance with the legislation on economic competitionprotections and preliminary conclusions concerning concerted actions;

3) to draw up protocols, to consider the cases of administrative violationsand pass resolutions on these cases;

4) to check undertakings, associations, government authorities,administrative and control authorities, local authorities as to their compliance with the requirements of the legislation on economic competitionprotection, and during investigations on applications and cases of violationof the legislation on economic competition protection;

5) to freely access premises of enterprises, institutions and organizationsin the course of check-ups and investigations on applications and cases ofviolation of the legislation on economic competition protection, providedthey show a service certificate and documents confirming the carrying out of the check-up or investigation;

6) to request from undertakings, associations, government authorities, localauthorities, administrative and control authorities, their officials andemployees, other individuals and legal entities an information, including the restricted data, during consideration of applications and cases of violationof the legislation on economic competition protection, check-ups and in other cases provided for in legislation;

7) to call officials and employees of undertakings, associations, governmentauthorities, local authorities, administrative and control authorities, otherlegal entities, their structural subdivisions, branches and representativeoffices, as well as individuals, for giving explanations during considerationof applications and cases of violation of the legislation on economiccompetition protection;

8) to appoint an examination and expert from among persons who haveknowledge necessary for giving an expert opinion;

9) to examine office premises and transport of undertakings –legal entities, withdraw or arrest articles, documents or other information media,which may be used as evidences or sources of evidences in the case,irrespective of their location, in cases and under the procedure provided by legislation;

10) in case of keeping employees of the Antimonopoly Committee of Ukrainefrom exercise of their powers provided for in points 4-6 and 9 of the paragraph 1 of this Article, to engage employees of police authorities forapplication of measures provided by legislation, in order to overcomehurdles;

11) to engage employees of police authorities, customs and other law-enforcement authorities to ensure consideration of case of violation of thelegislation on economic competitionprotection, particularly in case of investigation, as well as collecting and caption of evidences, andsequestrating property, arresting articles, documents and other informationmedia;

12) to engage specialists of government authorities, local authorities, enterprises, institutions and organizations to carry out check-ups under agreement with their heads and deputies of local councils by their consent;

13) to carry out market researches, set limits of the commodity market, as well as position of undertakings in this market, including monopoly (dominant) one, and make relevant decisions/orders;

14) to determine presence or absence of control or coordination betweenundertakings or their parts and members of the group of undertakings being asingle undertaking;

15) to submit proposals which are subject to obligatory consideration to theexecutive bodies concerning cancellation of licences and termination ofoperations related to external economic activities of undertakings, in caseof their violation of the legislation on economic competition protection;

16) to give recommendations which are subject to compulsory consideration,and proposals to government authorities, local authorities, institutions,organizations, undertakings and associations concerning implementing measures aimed at restriction of monopoly, development of business activities andcompetition, prevention of violation of the legislation on economiccompetition protection, as well as termination of actions or inactivity,which may have an adverse effect on competition;

17) to give recommendations which are subject to compulsory consideration togovernment authorities, local authorities, administrative and controlauthorities, undertakings and associations concerning termination of actions or inactivity, which have signs of violations of the legislation on economiccompetition protection, and elimination of causes of these violations andconditions facilitating them;

18) to apply to the court with claims, applications and complaints on application of the legislation on economic competition protection, and withrequests for providing information on legal cases considered by these courtsin accordance with the legislation on economic competition protection;

19) to represent the Antimonopoly Committee of Ukraine in court without aspecial power of attorney; and

20) to exercise other powers envisaged by the legislation on economiccompetition protection and the Law of Ukraine "On Procurement of Goods, Worksand Services at the State Expense" (1490-14); {the Article 16 (1)(20) as amended under Law No. 424-V (424-16) of 01.12.2006}.

The state commissioners of the Antimonopoly Committee of Ukraine shall makedecisions and orders on behalf of the Antimonopoly Committee of Ukraine.

A state commissioner may not be a member of commissions, committees andother bodies established by the government and local authorities, withoutapproval of the Antimonopoly Committee of Ukraine as the Supreme collegialbody.

A state commissioner of the Antimonopoly Committee of Ukraine shall complywith the requirements of the legislation of Ukraine, be objective andunbiased during exercising their powers. (Article 16 in the wording of theLaw No. 1907-III (1907-14) of 13.07.2000, as amended under Law No. 762-IV (762-15) of 15.05.2003, in the wording of the Law No. 1294-IV (1294-15) of 20.11.2003; paragraph 1 of Article 16 in the part of granting powers toconsider cases of administrative violations shall come into force on the dateof making relevant amendments to the Code of Ukraine on AdministrativeViolations (80731-10, 80732-10) under Law No. 1294-IV (1294-15) of 20.11.2003)

Article 17. Powers of the Head of a Territorial Office of the Antimonopoly Committee of Ukraine

The head of a territorial office of the Antimonopoly Committee of Ukraineshall have the following powers:

1) to carry out and organize investigations on applications on violation ofthe legislation on economic competition protection, researches onapplications on granting a permit, and preliminary conclusions concerningconcerted actions within jurisdiction of the administrative boards of aterritorial office. By order of the Chairman or bodies of the AntimonopolyCommittee of Ukraine to carry out investigations on applications and cases of violation of the legislation on economic competition protection, researcheson applications and cases of granting a permit for concerted actions andconcentration, within jurisdiction of these bodies;

2) to make orders envisaged by the legislation on economic competition protection;

3) to check undertakings, associations, government authorities,administrative and control authorities, local authorities as to theircompliance with the requirements of the legislation on economic competitionprotection, and during investigations on applications and cases of violationof the legislation on economic competition protection;

4) to freely access premises of enterprises, institutions and organizationsin the course of check-ups and investigations on applications and cases of violation of the legislation on economic competition protection, providedthey show a service certificate and documents confirming the carrying out ofthe check-up or investigation;

5) to request from undertakings, associations, government authorities, local authorities, administrative and control authorities, their officials andemployees, other individuals and legal entities an information, including therestricted data, during consideration of applications and cases of violation of the legislation on economic competition protection, check-ups and in other cases provided for in legislation;

6) to call officials and employees of undertakings, associations, governmentauthorities, local authorities, administrative and control authorities, other legal entities, their structural subdivisions, branches and representativeoffices, as well as individuals, for giving explanations during considerationof applications and cases of violation of the legislation on economiccompetition protection;

7) to appoint an examination and expert from among persons who haveknowledge necessary for giving an expert opinion;

8) to examine office premises and transport of undertakings –legal entities, withdraw or arrest articles, documents or other information media, which may be used as evidences or sources evidences in the case, irrespectiveof their location, in cases and under the procedure provided by legislation;

9) in case of keeping employees of the Antimonopoly Committee of Ukrainefrom exercise of their powers provided for in points 3, 4, 5 and 8 of theparagraph 1 of this Article, to engage employees of police authorities forapplication of measures provided by legislation, in order to overcomehurdles;

10) to engage employees of police authorities, customs and other law-enforcement authorities to ensure consideration of the case of violation ofthe legislation on economic competition protection, particularly in case ofinvestigation, as well as collecting and caption of evidences, andsequestrating property, arresting articles, documents and other informationmedia;

11) to engage specialists of state authorities, local authorities,enterprises, institutions and organizations to carry out check-ups under agreement with their heads and deputies of local councils by their consent;

12) to carry out market researches, set limits of the commodity market, aswell as position, including monopoly (dominant) one, of undertakings in thismarket, and make relevant decisions/orders;

13) to determine presence or absence of control between undertakings ortheir parts and members of the group of undertakings being a singleundertaking;

14) to submit proposals which are subject to obligatory consideration to theexecutive bodies concerning cancellation of licences and termination ofoperations related to external economic activities of undertakings, in caseof their violation of the legislation on economic competition protection;

15) to submit recommendations and proposals which are subject to obligatory consideration to the state authorities, local authorities, institutions,organizations, undertakings and associations concerning implementing measuresaimed at limitation of monopoly, development of the business activities andcompetition, prevention of violation of the legislation on economiccompetition protection, as well as termination of actions or inactivity,which may have adverse effect on competition;

16) to apply to the court with claims, applications and complaints onapplication of the legislation on economic competition protection, and withrequests for providing information on legal cases considered by these courtsin compliance with the legislation on economic competition protection;

17) to represent a territorial office of the Antimonopoly Committee of Ukraine in court without a special power of attorney;

18) to authorize their deputy heads to exercise provided for in points 1-2 of the paragraph 1 of this Article;

19) to draw up protocols on administrative violations; and

20) to exercise other powers envisaged by the legislation on economiccompetition protection and the Law of Ukraine "On Procurement of Goods, Worksand Services at the State Expense" (1490-14); {the Article 17 (1)(20) as amended under Law No. 424-V (424-16) of 01.12.2006}.

The head of a territorial office of the Antimonopoly Committee of Ukraine inthe Autonomous Republic of Crimea and the head of a territorial office of theAntimonopoly Committee of Ukraine on issues within its competence shall havethe right to be immediately received by the Chairman of the Verkhovna Rada ofthe Autonomous Republic of Crimea, Chairman of the Council of Ministers ofthe Autonomous Republic of Crimea, heads and officials of local executivebodies, local authorities, enterprises, institutions and organizationrespectively.

The head of a territorial office of the Antimonopoly Committee of Ukraineshall have rights and perform duties within the competence set by this Law,other acts of the legislation and Provision on territorial office of the Antimonopoly Committee of Ukraine that is approved by the AntimonopolyCommittee of Ukraine, manage the activities of a territorial office andprovide for performance of tasks and functions entrusted to a territorialoffice and its administrative board.

The head of a territorial office of the Antimonopoly Committee of Ukraineshall make orders on behalf of a territorial office of the AntimonopolyCommittee of Ukraine.

The head of a territorial office of the Antimonopoly Committee of Ukraine may not be a member of commissions, committees and other bodies establishedby the state authorities and local authorities without approval of theAntimonopoly Committee of Ukraine as the supreme collegial body.

The head of a territorial office of the Antimonopoly Committee of Ukraineshall keep to the requirements of laws, be objective and unbiased in thecourse of exercising his/her powers. (Article 17 in the wording of Law No.1294-IV (1294-15) of 20.11.2003)

Article 18. Disciplinary Liability and Dismissal of the First DeputyChairman of the Antimonopoly Committee of Ukraine and State Commissioner

The first deputy and deputy Chairman of the Antimonopoly Committee ofUkraine and state commissioner of the Antimonopoly Committee of Ukraine may be brought to the disciplinary liability, but dismissal, on the general basesand in accordance with the procedure established by the law. (Part 1 ofArticle 18 as amended under Law No. 1907-III (1907-14) of 13.07.2000)

The first deputy and deputy Chairman of the Antimonopoly Committee of Ukraine and state commissioner of the Antimonopoly Committee of Ukraine may be dismissed:

Due to his/her state of health that prevents him/her from continuing the work;

On a voluntary basis; and

In case of gross violation of his/her official duties or committing a crime.

(Part 3 of Article 18 was deleted under Law No. 1907-III (1907-14) of 13.07.2000)

The first deputy and deputy Chairman of the Antimonopoly Committee ofUkraine and state commissioner of theAntimonopoly Committee of Ukraine shall have the right to resign in accordance with the procedure envisaged by thelaw. (Part 3 of Article 18 as amended under Law No. 1907-III (1907-14) of 13.07.2000) (Article 18 as amended under Law No. 1294-IV (1294-15)of 20.11.2003)

CHAPTER IV. LEGAL BASES FOR EXERCISE OF POWERS OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

Article 19. Guarantees of Exercise of Powers of the Antimonopoly Committee of Ukraine

In the course of consideration of applications and cases of coordinated actions and concentration, violation of the legislation on protection ofeconomic competition, including in the course of an investigation, research,making orders and decisions under the applications and cases, as well asexercise of other powers in the field of control over observance of thelegislation on protection of economic competition and control over thecoordinated actions and concentration bodies and officials of theAntimonopoly Committee of Ukraine and its territorial offices shallbe governed only by the legislation on protection of economic competition. Theyshall be independent from the state and local authorities and theirofficials, economic entities, as well as political parties and otherassociations of citizens or their bodies. (Part 1 of Article 19 read as Law No. 1294-IV (1294-15) of 20.11.2003)

Interference of the state authorities, local authorities, their officialsand economic entities, as well as political parties and other associations ofcitizens or their bodies with the activities of the Antimonopoly Committee ofUkraine and its territorial offices shall be prohibited, except for casesenvisaged by the laws of Ukraine. (Part 2 of Article 19 as amended under LawNo. 1907-III (1907-14) of 13.07.2000, read as Law No. 1294-IV (1294-15) of 20.11.2003)

Any influence on an employee of the Antimonopoly Committee of Ukraine andits territorial offices in order to prevent him/her from performance ofhis/her official duties or to make an illegal decision shall involve theliability envisaged by the legislation.

Article 20. Relations of the Antimonopoly Committee of Ukraine with State Authorities, Local Authorities, Administrative and Control Authorities, Mass Media and Public Organizations

The authorities and local authorities shall take part in development andimplementation of a specific policy, cooperate with the AntimonopolyCommittee of Ukraine on matters of development of competition and regionalprograms of economic development and inform the Antimonopoly Committee of Ukraine on performance of measures related to the implementation of thespecific policy. (Article 20 was supplemented with Part 1 under Law No. 1294-IV (1294-15) of 20.11.2003)

The Antimonopoly Committee of Ukraine and its territorial offices shallcooperate with the state authorities, local authorities and administrativeand control authorities in the field of development of competition andeconomy demonopolization.

The Antimonopoly Committee of Ukraine and its territorial offices shallcooperate with the mass media and public organization in activities aimed atprevention of violation of the legislation on protection of economiccompetition and make public reports on their activity and decisions in themass media. (Part 3 of Article 20 as amended under Law No. 1294-IV (1294-15) of 20.11.2003)

The authorities, local authorities, administrative and control authoritiesshall agree draft regulations and other decisions, which may have effect oncompetition, namely establishment of economic entities, introduction and amendment of rules of their market conduct, or those that may result inprevention, elimination, restriction or distortion of the competition inrelevant markets with the Antimonopoly Committee of Ukraine and itsterritorial offices, as wellas get the permit of the Antimonopoly Committeeof Ukraine for concentration in cases envisaged by the law. (Part 4 ofArticle 20 read as Law No. 1294-IV (1294-15) of 20.11.2003) (Article 20 read as Law No. 1907-III (1907-14) of 13.07.2000)

Article 20-1. Relations of the Antimonopoly Committee of Ukraine with the Verkhovna Rada of Ukraine and Cabinet of Ministers of Ukraine

The Antimonopoly Committee of Ukraine shall annually submit a report on itsactivities to the Verkhovna Rada of Ukraine until 15 March of the year following the reporting one.

The Verkhovna Rada of Ukraine shall study the report of the AntimonopolyCommittee of Ukraine until 15 April and hear the reports andinformation/statements of the Antimonopoly Committee of Ukraine.

If necessary, the Antimonopoly Committee of Ukraine shall submit to thecommittees of the Verkhovna Rada of Ukraine proposals to the bills on mattersthat are within its competence.

The Antimonopoly Committee of Ukraine shall cooperate with the Cabinet ofMinisters of Ukraine on matters of development and implementation of programsof economic development of Ukraine.

The Antimonopoly Committee of Ukraine shall develop and submit to theCabinet of Ministers of Ukraine draft acts as to priorities and areas of the competition policy for a certain period and generalize and analyzeinformation on their performance. (The Law was supplemented with Article 20-1 under Law No. 1294-IV (1294-15) of 20.11.2003)

Article 21. Notification on Violation of the Legislation on Protection of Economic Competition

The state authorities, local authorities, administrative and controlauthorities and their officials shall provide the Antimonopoly Committee ofUkraine and its territorial offices with the information, which may witness violation of the legislation on protection of economic competition. (Article21 read as Law No. 1907-III (1907-14) of 13.07.2000)

Article 22. Binding Effect of Orders, Decisions and Requirements of the Body of The Antimonopoly Committee of Ukraine and Head of the Territorial Office of the Antimonopoly Committee of Ukraine

Orders, decisions and requirements of the Antimonopoly Committee of Ukraineand head of the territorial office of the Antimonopoly Committee of Ukraine,as well as requirements of their authorized employees of the AntimonopolyCommittee of Ukraine and its territorial office within their competence mustbe performed within the terms established by them, unless otherwise envisagedby the law.

Non-performance of orders, decisions and requirements of the body of the Antimonopoly Committee of Ukraine and head of the territorial office of theAntimonopoly Committee of Ukraine, as well as requirements of theirauthorized employees of the Antimonopoly Committee of Ukraine and itsterritorial office shall involve liability envisaged by the law. (Article 22read as Law No. 1294-IV (1294-15) of 20.11.2003)

Article 22-1. Duty to Provide Information

Economic entities, associations, authorities, local authorities,administrative and control authorities, other legal entities, theirstructural subdivisions, branches, representative offices, their officialsand employees, and individuals shall provide documents, articles or otherinformation media, explanations and other information, including restricted one and banking secrecy, necessary for performance of tasks envisaged by thelegislation on protection of economic competition by the AntimonopolyCommittee of Ukraine and its territorial office by request of the body of theAntimonopoly Committee of Ukraine, head of the territorial office of theAntimonopoly Committee of Ukraine, their authorized employees of theAntimonopoly Committee of Ukraine and its territorial office.

Documents, statistical and other information necessary for performance of tasks envisaged by the legislation on protection of economic competitionsshall be provided by request of the body of the Antimonopoly Committee ofUkraine and head of the territorial office of the Antimonopoly Committee ofUkraine, employees of the Antimonopoly Committee of Ukraine and itsterritorial office authorized by them free of charge. The body of the Antimonopoly Committee of Ukraine and head of the territorial office of theAntimonopoly Committee of Ukraine may require one-time and regular presentation of information.

The Antimonopoly Committee of Ukraine and its territorial office shall userestricted information received by them in the course of exercise of theirpowers only in order to provide for performance of tasks set by thelegislation on protection of economic competition. The information may not bedisclosed. Such information may be provided to the investigation agencies incompliance with the law.

The employees of the Antimonopoly Committee of Ukraine and its territorialoffices shall be liable for disclosure of the commercial secrets incompliance with the law.

Oral requirements of the state commissioner of the Antimonopoly Committee ofUkraine, head of the territorial office of the Antimonopoly Committee ofUkraine, employees of the Antimonopoly Committee of Ukraine and itsterritorial office authorized by them, explanations of persons and otheractions taken to perform these oral requirements shall be stated in theprotocol, which shall also have the date and place of its execution, names of the state commissioner of the Antimonopoly Committee of Ukraine, head of theterritorial office of the Antimonopoly Committee of Ukraine, employees of theAntimonopoly Committee of Ukraine and its territorial office authorized bythem with their position, as well as names of persons who give explanations.

The protocol shall be signed by the head of the collegial body of theAntimonopoly Committee of Ukraine, state commissioner of the AntimonopolyCommittee of Ukraine, head of the territorial office, employee of the Antimonopoly Committee of Ukraine and its territorial office authorized bythem and persons, to whom such oral requirements were addressed. The refusal of persons, who were orally required to sign the protocol, shall be stated in the protocol. A person shall have the right to give explanations and commentsin respect of the protocol, which are attached to the protocol, as well asstate reasons for his/her refusal to sign the protocol. (The Law wassupplemented with Article 22-1 under Law No. 1294-IV (1294-15) of 20.11.2003)

Article 22-2. Cooperation of the Antimonopoly Committee of Ukraine with Competent Authorities of Other States

The Antimonopoly Committee of Ukraine shall cooperate with competentauthorities of other states, in particular, by sharing information on thebases of the international treaties of Ukraine, by which the Verkhovna Radaof Ukraine agreed to be bound.

The Antimonopoly Committee of Ukraine may provide the competent authoritiesof other state with information, including restricted one, and receive suchinformation from them.

The competent authorities of other states may be provided with theinformation in the following cases:

Information will be used by the competitive authority only for performance of tasks set to it under the legislation; and

The relevant competitive authority may ensure such a mode of access to theinformation, which would not result in disclosure of the information forother purposes or its disclosure by any means, including due to unauthorized access. (The Law was supplemented with Article 22-2 under Law No. 1294-IV (1294-15) of 20.11.2003)

Article 23. Jurisdictional Bases of Activities of the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine, its bodies and officials shall carry out activities aimed at detection, prevention and termination of violationsof the legislation on protection of economic competition, including thelegislation on protection against unfair competition, in compliance with the jurisdictional bases set by the legislative acts of Ukraine on protection ofeconomic competition. (Part 1 of Article 23 read as Law No. 1294-IV (1294-15) of 20.11.2003)

The procedure for consideration of cases on violation of the legislation onprotection of economic competition by the Antimonopoly Committee of Ukraineand its territorial offices shall provide for observance of rights and legalinterests of individuals, legal entities and the state. (Part 2 of Article 23as amended under Law No. 1907-III (1907-14) of 13.07.2000)

Article 23-1. Hearings of Cases of Giving a Permit for Coordinated Actions and Concentration and Cases of Violation of the Legislation on Protection of Economic Competition

The bodies of the Antimonopoly Committee of Ukraine, which consider a case of giving a permit for coordinated actions and concentration, as well asviolation of the legislation on protection of economic competition and unfaircompetition, may hold hearings of the case before making a decision insubstance.

The hearing shall be held by the body of the Antimonopoly Committee ofUkraine, which consider the case, or by one or several its members by orderof the head of this body.

Before starting the hearing of the case, the body of the AntimonopolyCommittee of Ukraine shall engage persons, who take part in consideration ofthe case in order to give explanations, arguments and other considerationsnecessary to establish actual circumstances of the case.

Employees of the Antimonopoly Committee of Ukraine and its territorialoffices shall take part in the hearings. Experts shall be engaged in case ofnecessity.

Other persons may be involved in the hearing, if the claimant, and claimantand defendant in cases of violation of the legislation on protection of economic competition, did not take grounded objections to it.

By own initiative or by application of persons, who participate in theconsideration of the case, the body of the Antimonopoly Committee of Ukrainemay hold fully or partially private hearing of the case, if the public hearing may harm the interests of the state, persons, who participate in theconsideration of the case, and other persons, or prevent the furtherconsideration of the case.

The Antimonopoly Committee of Ukraine shall establish the procedure forholding a hearing of the case in compliance with this Law and other acts ofthe legislation on protection of economic competition. (The Law wassupplemented with Article 23-1 under Law No. 1294-IV (1294-15) of 20.11.2003)

Article 24. Provision of Decisions and Orders of Bodies the Antimonopoly Committee of Ukraine and Heads of Its Territorial Offices

Decisions and orders made by the bodies of the Antimonopoly Committee ofUkraine and heads of its territorial offices under the legislation on protection of economic competitions shall be provided to persons, whoparticipate in the case, in the form of their copies attested in accordancewith the procedure envisaged by the legislation.

The peculiarities of the procedure for provision and disclosure of the decisions and orders shall be set by the legislation on protection ofeconomic competition. (Article 24 as amended under Law No. 1907-III (1907-14) of 13.07.2000, read as Law No. 1294-IV (1294-15) of 20.11.2003)

Article 25. Legal Recourse

In order to protect interests of the state, consumers and economic entities,the Antimonopoly Committee of Ukraine and territorial offices of theAntimonopoly Committee of Ukraine shall submit applications, claims andcomplaints to the court due to violation of the legislation on protection ofeconomic competition by the authorities, legal entities and individuals,namely:

To invalidate regulations and other acts, namely decisions, orders,instructions and resolutions of the authorities, local authorities and administrative and control authorities or to terminate an agreement, in caseof non-performance of the decisions of the Antimonopoly Committee of Ukraineon cancellation or replacement of acts adopted by the authorities, localauthorities, and administrative and control authorities, or termination ofthe agreement, within the established periods.;

To collect fines and penalties, which were not paid on a voluntary basis;

To terminate violations of the legislation on protection of economiccompetition;

To oblige to perform the decision of the bodies of the AntimonopolyCommittee of Ukraine;

To freely withdraw goods with illegal marks and/or copies of products ofanother economic entity;

To withdraw and arrest property, documents, articles and other information media in the person’s places of residence and other estates; and

In other cases envisaged by the law.

(Article 25 as amended under Laws No. 762-IV (762-15) of 15.05.2003 and No. 1907-III (1907-14) of 13.07.2000, read as Law No. 1294-IV (1294-15) of 20.11.2003)

CHAPTER V. OTHER ISSUES OF ACTIVITY OF THE ANTIMONOPOLY COMMITTEE OF UKRAINE

Article 26. Scientific, Methodological and Informational Support of Activities of the Antimonopoly Committee of Ukraine

(Name of Article 26 as amended under Law No. 1294-IV (1294-15) of 20.11.2003)

The Antimonopoly Committee of Ukraine shall establish advisory bodies, carryout technical and economical and scientific researches, engage experts andconsultants and educate personnel under special programs in order to prepare recommendations on matters of organization and activities of the AntimonopolyCommittee of Ukraine, methodology and methods of exercise of control overobservance of the legislation on protection of economic competition,development of proposals as to its application and improvement, as well as onother matters.

The Antimonopoly Committee of Ukraine shall issue its own publications,which cover the activities of the Antimonopoly Committee of Ukraine andcompetition policy. (Article 26 was supplemented with Part 2 under Law No.1294-IV (1294-15) of 20.11.2003)

Article 27. Structure, Maximum Number, Staffing List, Conditions of Labour Remuneration, Welfare and Other Support

The structure, maximum number of employees and staffing list of the Antimonopoly Committee of Ukraine and its territorial offices shall beapproved by the Chairman of the Antimonopoly Committee of Ukraine withinexpenses envisaged by the budget of income and expenditures.

The Chairman of the Antimonopoly Committee of Ukraine shall be provided withlabour remuneration, welfare support, transport and medical services andsocial guarantees under the conditions and in accordance with the procedureenvisaged by the legislation for ministers; the first deputy Chairman – under the conditions and in accordance with the procedure envisaged by thelegislation for first deputy ministers; deputies of the Chairman and state commissioners of the Antimonopoly Committee of Ukraine – for deputy ministers; other employees of the central body of the Antimonopoly Committeeof Ukraine – for relevant categories of specialists of the Ministries; headof the territorial office of the Antimonopoly Committee of Ukraine in theAutonomous Republic of Crimea and its deputies – for the deputy Chairman of the Council of Ministers and Ministers of the Autonomous Republic of Crimearespectively; heads of oblast, Kyiv and Sevastopol city territorial officesof the Antimonopoly Committee of Ukraine –for deputy heads of oblast, Kyiv and Sevastopol city state administrations, respectively; deputy heads ofterritorial offices in oblasts, cities of Kyiv and Sevastopol – for heads of administrations, independent departments of oblast, Kyiv and Sevastopol citystate administrations, respectively; other employees of territorial offices –for specialists of the Ministries of the Autonomous Republic of Crimes,administrations, independent departments of oblast, Kyiv and Sevastopol citystate administrations, respectively. Official salaries of employees of the Antimonopoly Committee of Ukraine and its territorial offices, the officialduties of which consist in direct performance of functions set by Article 2of the Law of Ukraine "On State Protection of Employees of Courts and Law-Enforcement Agencies" (3781-12), shall be 30% higher than relevant officialsalaries of civil servants.

The conditions of labour remuneration of employees of the AntimonopolyCommittee of Ukraine and its territorial offices shall be set by the Cabinetof Ministers of Ukraine in compliance with the law. (Article 27 read as LawNo. 1907-III (1907-14) of 13.07.2000)

Article 28. Financing and Logistic Support of the Antimonopoly Committee of Ukraine

The Antimonopoly Committee of Ukraine and its territorial offices shall be financed out of funds of general and special funds of the state budget. (Part1 of Article 28 read as Law No. 1907-III (1907-14) of 13.07.2000)

The Verkhovna Rada of Ukraine shall annually set the volume ofappropriations from the state budget for maintenance of the Antimonopoly Committee of Ukraine and its territorial offices, as well as amounts ofexpenses for remuneration of labour of its employees, as a special line ofthe state budget during its adoption. (Part 2 of Article 28 read as Law No.1907-III (1907-14) of 13.07.2000)

The financing of expenses of maintenance of the Antimonopoly Committee ofUkraine and its territorial offices shall be made by transfer of funds of thegeneral fund of the state budget by the Central Office of the State Treasury of Ukraine to their current budget accounts in compliance with the standardof transfers. The amount of this standard shall be established by theVerkhovna Rada of Ukraine in the course of adoption of the state budget forthe next year. (Part 3 of Article 28 read as Law No. 1907-III (1907-14) of 13.07.2000)

The payments made to recover the costs related to the consideration of casesof granting a permit for coordinated actions and concentration of economicentities and conclusions shall be included inthe income of the special fund of the state budget to a special accounts. These costs shall not bewithdrawn. They shall be used according to its designated purpose forfinancing the activities of the Antimonopoly Committee of Ukraine and itsterritorial offices, namely, for logistic and transport support, creation anddevelopment of informational and analytical database, issue of publicationsof the Antimonopoly Committee of Ukraine, education, re-education, professional development and social and welfaresupport of employees of the Antimonopoly Committee of Ukraine and its territorial offices. (Part 4 ofArticle 28 read as Law No. 1907-III (1907-14) of 13.07.2000; Part 2 of Article 28 was suspended for 2002 in part of entering fines imposed forviolation of the antimonopoly legislation and penalties for delay in theirpayment to the special fund of the state budget under Law No. 2905-III (2905-14) of 20.12.2001; Part 4 of Article 28 was suspended for 2003 in part oftransfer of fines imposed for violation of the antimonopoly legislation and penalty for delay in their payment to the special fund of the state budgetunder Law No. 380-IV (380-15) of 26.12.2002; as amended under Law No. 1294-IV (1294-15) of 20.11.2003; Part 4 of Article 28 was suspended for 2004 in part of transfer of fines imposed for violation of the antimonopoly legislationand penalty for delay in their payment to the special fund of the statebudget under Law No. 1344-IV (1344-15) of 27.11.2003; as to partial termination of Part 4 of Article 28 for 2005 see additionally Law No. 2285-IV (2285-15) – read until 31.03.2005; as amended under Law No. 2505-IV (2505-15) of 25.03.2005)

Budget of income and expenditures of the Antimonopoly Committee of Ukraineand its territorial offices, including volume of appropriations for maintenance of the Antimonopoly Committee of Ukraine and its territorialoffices, welfare support, transport and medical services, provision of socialguarantees, as well as the amount of the fund of remuneration of labour ofemployees of the Committee and its territorial offices, shall be approved bythe Antimonopoly Committee of Ukraine by recommendation of the Chairman ofthe Antimonopoly Committee of Ukraine. (Part 5 of Article 28 read as Law No.1907-III (1907-14) of 13.07.2000)

The Antimonopoly Committee of Ukraine shall be provided with transport andlogistics means out of the state budget of Ukraine in accordance with theprocedure set by the Cabinet of Ministers of Ukraine.

Article 29. Protection of Personal and Property Rights of Employees of the Antimonopoly Committee of Ukraine

Employees of the Antimonopoly Committee of Ukraine shall be representativesof state authorities in the course of performance of their official duties.The law shall protect their personal and property rights at the same level asrights of employees of law-enforcement agencies.

Life and health of employees of the Antimonopoly Committee of Ukraine andits territorial offices, the official duties of which consist in directperformance of functions set by Article 2 of the Law of Ukraine "On StateProtection of Employees of Courts and Law-Enforcement Agencies" (3781-12), shall be subject to compulsory state insurance at the expense of the statebudget. The amount of insurance shall be equal to the amount of their five-year salary at the last position. (Article29 was supplemented with Part 2 under Law No. 1907-III (1907-14) of 13.07.2000)

In case of infliction of injuries, wounds, contusion, disease or otherpermanent damages to the health dueto performance of official duties, whichexclude the possibility of continuing the professional activity, they shallreceive an insured sum in the amount of 1-5-year salary at the last position, depending on the degree of disability. In case of death of the employee due to a bodily injure or other damage to health, the family of this employeeshall receive an insured sum in the amount of five-year salary at his/her last position. (Article 29 was supplemented with Part 3 under Law No. 1907-III (1907-14) of 13.07.2000)

Losses caused due to destructing or damaging the property of the employee ofthe Antimonopoly Committee of Ukraine or its territorial office, or membersof his/her family, in the course of performance of his/her official duties,shall be fully compensated for out of the state budget with further recoveryof this amount from guilty persons in accordance with the procedure set bythe law. (Article 29 was supplemented with Part 4 under Law No. 1907-III (1907-14) of 13.07.2000)

The procedure and conditions of compulsory state insurance and list ofpositions, which are subject to compulsory state insurance, shall be set bythe Cabinet of Ministers of Ukraine. (Article 29 was supplemented with Part 5under Law No. 1907-III (1907-14) of 13.07.2000)

Article 29-1. Social Guarantee for the Chairman, His/Her Deputies and State Commissioners of the Antimonopoly Committee of Ukraine

The Chairman of the Antimonopoly Committee of Ukraine, his/her deputies andstate commissioners shall be provided with previous job/position and place of study after expiration of the term of office. If case of the liquidation ofthe enterprise, institution or organization, they shall be provided withsimilar job at another enterprise, institution or organizations, or they beincluded in the reserve of personnel of the state service of the AntimonopolyCommittee of Ukraine with the position that meets their professional level,allowing for the rank of a civil servant.

For the period of employment, but not more than one year, the averagemonthly earnings of the previous Chairman, his/her deputies and statecommissioners of the Antimonopoly Committee of Ukraine shall be reserved.

The procedure for payment of the above funds shall be set by the Cabinet ofMinisters of Ukraine.

The provisions of this article shall be applied, if they do not worsen thelevel of social guarantees, which result from Article 27 of this Law. (The Law was supplemented with Article 29-1 under Law No. 1907-III (1907-14) of 13.07.2000)

Article 30. Certificate of Employment of the Employee of the Antimonopoly Committee of Ukraine

State commissioners, heads of territorial offices, responsible employees of the Antimonopoly Committee of Ukraine and its territorial offices shall havea certificate of employment. The provision on certificate of employment ofthe employee of the Antimonopoly Committee of Ukraine shall be approved bythe President of Ukraine. (Article 30 as amended under Law No. 1907-III (1907-14) of 13.07.2000)

The President of Ukraine L.KRAVCHUK

Kyiv, 26 November 1993

No. 3659-XII