ADVOCACY OF COMPETITION IN THE WORLD AND UKRAINE: COMPARATIVE CHARACTERISTICS
Summary: 1. Introduction. – 2. Experience of States in the Advocacy of Competition. – 3. State Policy for the Advocacy of Competition in Ukraine. – 3.1. The EU. – 3.2. The USA. – 3.3. The Mexican US. – 3.4. Brazil. – 3.5. The South African Republic. – 4. State Policy of Advocacy of Competition in Ukraine. – 5. Conclusions.
Abstract
Background: The advocacy of competition is a modern civilisational mechanism of cooperation, which balances private and public interests in economic activity and realises the functions of state management and control of economic activity, ensuring reasonable distribution of public goods. Competition is a fundamental driving force that determines the course of economic processes and contributes to the growth of economic prosperity and innovation in society. Its provision, protection, and development are among the main priorities of state economic policy in general and competition policy in particular. The purpose of this article is a comparative legal analysis of the advocacy of competition in different countries. This study will also identify the peculiarities of the use of advocacy tools in these places.
Methods: In studying the proposed problem, the following methods were used: general philosophical and general scientific (dialectical, systemic, formal-logical, etc.); universal (induction, deduction); special-scientific (formal-legal, comparative law); interpretation of the rules, etc. One of the main methods used is the comparative method for researching the common and distinctive features of the advocacy of competition in the EU, USA, Mexico, the Republic of South Africa, and Ukraine.
Results and Conclusions: The results show that countries with advanced economies have approached advocacy of competition gradually after more than a century of anti-monopoly competition legislation. In post-transformational economies, we see the formation of competitive policy principles activated after independence and the transition to market-based business practices. The globalisation of international trade relations leads to the need to implement complex competition advocacy programs and unify norms at the level of individual states and unions. Advocacy of competition remains important as a tool of self-regulation of economic activity. The European vector of Ukraine’s development caused the emergence of new mechanisms of interaction between the state, the individual, and society. Having chosen to strive for European integration, Ukraine began to build a new model of cooperation between all market participants, the introduction of which was based on the provisions of the Association Agreement between Ukraine, on the one hand, and the EU, the European Atomic Energy Community and their member states, on the other hand, using implementation mechanisms of both individual norms and entire institutions of public-private partnership. The implementation of competition advocacy mechanisms in Ukraine is applied using the mechanisms of the analogy of individual norms and tools of competition policy. The formation of new good competitive practices is connected with russia’s war.
About Authors
Olga Bakalinska
Dr. Sc. (Law), Professor, The Academician F. H. Burchak Scientific-Research Institute of Private Law and Entrepreneurship of National Academy of Law Sciences of Ukraine https://orcid. org/0000-0002-1092-0914 bakalinskayaolga@gmail.com/ bakalinskaya@ukr.net
Corresponding author, responsible for conceptualization, data curation, methodology and writing. Dr. Bakalinska is responsible for ensuring that the descriptions and the manuscript are accurate and agreed upon by all authors. Competing interests: The author declares that no competing interests exist. Disclaimer: The author declares that her opinion and views expressed in this manuscript are free of any impact of any organizations.
Translation: The content of this article was translated with the participation of third parties under the authors’ responsibility.
Funding: The authors received no financial support for the research, authorship, and/or publication of this article. Funding of this publication was provided by authors.
Managing editor – Dr. Serhii Kravtsov. English Editor – Dr. Sarah White.
Copyright: © 2022 O Bakalinska, O Honcharenko, T Kаptsova, H Babadzhanian. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Olena Honcharenko
Dr. Sc. (Law), Senior researcher of the Academician F. H. Burchak Scientific- Research Institute of Private Law and Entrepreneurship of National Academy of Law Sciences of Ukraine https://orcid.org/0000-0002-0178-2003 o.goncharenko.com@gmail.com
Co-author, responsible for methodology, data collection and writing. Competing interests: The author declares that no competing interests exist. Disclaimer: The author declares that his opinion and views expressed in this manuscript are free of any impact of any organizations.
Tetiana Kаptsova: Postgraduate student, The Academician F. H. Burchak Scientific-Research Institute of Private Law and Entrepreneurship of National Academy of Law Sciences of Ukraine https://orcid. org/0000-0001-5957-6782 t.p.kaptsova@gmail.com Co-author, responsible for data collection and writing. Competing interests: No competing interests were announced by the author. Disclaimer: The author declares that her opinion and views expressed in this manuscript are free of any impact of any organizations. Competing interests: The author declares that no competing interests exist.
Haiane Babadzhanian: Postgraduate student, State University of Trade and Economics https://orcid. org/0000-0002-6048-8787 tenca@ukr.net
Co-author, responsible for data collection and writing. Competing interests: No competing interests were announced by the author. Disclaimer: The author declares that her opinion and views expressed in this manuscript are free of any impact of any organizations.
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O Bakalinska, O Honcharenko, T Kаptsova, H Babadzhanian ‘Advocacy of Competition in the World and Ukraine: Comparative Characteristics’ 2022 4(16) Access to Justice in Eastern Europe 145-158.
https://doi.org/10.33327/AJEE-18-5.4-n000428
