The influence of European integration on the development of the concept of fair competition in Ukraine

Bona fide and fair competition is a form for implementation of the fairness principlein the economic activity. Fair competition in the modern economic turnover allows takinginto account and coordinating diverse interests of market participants, consumers,and the state, as well as achieving a necessary compromise in their implementation.Providing the legal framework for free and easy implementation of fair competition isone of the leading directions in the state legal policy implementation.Fair competition is the embodiment of certain moral, ethical and socio-historicalideas about good and evil in economic activity, which defines the boundaries of permissiblebehaviour, including competition. Thus, fair competition is the embodiment of moral and ethical ideals of good and justice, and the implementation of the rule of lawprinciple in economic (competitive) legal relations.The study of the problems of legal regulation of fair competition gives us the opportunityto assert that in Ukraine, repeated attempts by legislators and representatives of theAntimonopoly Committee of Ukraine to formulate more or less defined rules of fair competitionhave not been successful. The rules of professional ethics developed by entrepreneursin cooperation with chambers of commerce and industry and approved by the AntimonopolyCommittee of Ukraine, recommendations of advisory bodies and internationalnon-governmental organizations and unions, and judgments of the European Court ofHuman Rights remain an effective mechanism for implementing the principles of goodfaith of participants in competitive competition.The key to effective development of economic relations in Ukraine is the gradual integrationof Ukraine's economic system into the global economic world, which is possibleonly through the unification and harmonisation of the current legislation within theframework of regional and universal trade agreements. For Ukraine, as a candidate countryfor EU accession, it is important to finalise the implementation of European legislationinto the legal system of Ukraine, to decide on the conceptual framework for the protectionof trade secrets and the model of unification of European law affecting the development ofcompetition in certain markets at the national level.

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Publication Details

Journal
Theory and Practice of Intellectual Property
Published
2024-09-18
DOI
https://doi.org/10.33731/32024.311550
Primary Topic
Global Economic and Social Development
Type
article
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article

The influence of European integration on the development of the concept of fair competition in Ukraine

Olga Bakalinska
Theory and Practice of Intellectual Property
Global Economic and Social Development
article

The influence of European integration on the development of the concept of fair competition in Ukraine

Olga Bakalinska
article en

Abstract

Bona fide and fair competition is a form for implementation of the fairness principlein the economic activity. Fair competition in the modern economic turnover allows takinginto account and coordinating diverse interests of market participants, consumers,and the state, as well as achieving a necessary compromise in their implementation.Providing the legal framework for free and easy implementation of fair competition isone of the leading directions in the state legal policy implementation.Fair competition is the embodiment of certain moral, ethical and socio-historicalideas about good and evil in economic activity, which defines the boundaries of permissiblebehaviour, including competition. Thus, fair competition is the embodiment of moral and ethical ideals of good and justice, and the implementation of the rule of lawprinciple in economic (competitive) legal relations.The study of the problems of legal regulation of fair competition gives us the opportunityto assert that in Ukraine, repeated attempts by legislators and representatives of theAntimonopoly Committee of Ukraine to formulate more or less defined rules of fair competitionhave not been successful. The rules of professional ethics developed by entrepreneursin cooperation with chambers of commerce and industry and approved by the AntimonopolyCommittee of Ukraine, recommendations of advisory bodies and internationalnon-governmental organizations and unions, and judgments of the European Court ofHuman Rights remain an effective mechanism for implementing the principles of goodfaith of participants in competitive competition.The key to effective development of economic relations in Ukraine is the gradual integrationof Ukraine's economic system into the global economic world, which is possibleonly through the unification and harmonisation of the current legislation within theframework of regional and universal trade agreements. For Ukraine, as a candidate countryfor EU accession, it is important to finalise the implementation of European legislationinto the legal system of Ukraine, to decide on the conceptual framework for the protectionof trade secrets and the model of unification of European law affecting the development ofcompetition in certain markets at the national level.

Theory and Practice of Intellectual Property(3)
Human Growth Foundation (US)
Partnerships for the goals
Openalex Percentile: Top 80%
Global Economic and Social Development
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