THE PROCEDURE FOR OBTAINING THE STATUS OF SUBJECTS OF NATURAL MONOPOLIES IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 17)Publication Date: 2019-05-31
Authors : Raimov Ruslan;
Page : 21-27
Keywords : natural monopoly; adjacent market; the National Commission; carrying out state regulation in the fields of energy and utilities and the Ministry of Infrastructure of Ukraine; the Antimonopoly Committee of Ukraine;
Abstract
The article is devoted to the coverage of one of the topical theoretical and methodological problems of administrative law with regard to the issue of obtaining the status of a subject of natural monopolies. The article analyzes the scientific works of foreign and domestic scientists and normative legal acts of Ukraine. The definition is defined by such concepts as natural monopolies, subjects of natural monopolies, economic entities operating in adjacent markets. Ukraine is aimed at liberalizing market relations, minimizing state influence on economic processes. The economic activity was gradually withdrawn from the control and regulation of the state. However, some areas of the economy required interference from the executive authorities to ensure public interest. Such activity of the state is grounded by the special state of the market of various kinds of goods and services. The indicated market condition was named in Ukrainian legislation as a natural monopoly. Activity of business entities within such a market is subject to state regulation by a number of state bodies. In order to implement the tasks entrusted to such bodies, they are empowered to use the appropriate means of regulation. After analyzing the views of scientists and domestic legislation, we have clearly defined the concept of natural monopoly as the state of the commodity market, in which satisfaction of demand in this market is more effective in the absence of competition due to technological features of production (in connection with a significant reduction in production costs per unit of goods as production volumes increase), and goods (services) produced by the subjects of natural monopolies can not be replaced by consumption of other goods (services), in connection with the demand for this commodity market is less dependent on changes in prices for these goods (services) than demand for other goods (services). We have established that the procedure for acquiring the status of a natural monopoly entity is clearly defined by law, which prevents the assignment of such status regardless of the activities of state bodies. Determination of the signs of the subject of natural monopolies with the aim of further regulatory consolidation of the latter may be the subject of subsequent scientific research.
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