The main purpose of the article is to provide comparison research of collective dominance doctrine and practice in the EU and the enforcement practice in Ukraine. Methodology. The paper focused on the compliance of AMCU's analysis of national electricity market in Ukraine with the European law enforcement practice that arises from the international legal obligations of Ukraine to use in its practice the EU competition rules according to Article 18 of the Treaty establishing the Energy Community and taking into account the criteria of interpretation in accordance with the EU case law. Article 255 of the Association Agreement between Ukraine and the EU that clearly provides the principle of transparency, non-discrimination, and neutrality in compliance with the procedures of the procedural justice and the right of defence also indicates a special actuality of the carried-out research in this field. The main practical impact of such research is to implement not only substantial norms of the EU Competition law but its enforcement practice & to introduce it within the practice of AMCU. Value/originality. The paper examines a dominance doctrine, market power definition, economic strength, and collective dominance practice in the EU enforcement practice. A special attention was paid to enforcement practice in the electricity market. Due to the fact that the investigation of Ukrainian electricity market was provided for the first time in Ukraine, there is no practice yet in this issue. This causes the necessity of wide comparative approach in the principles of collective dominance in the electricity market in Ukraine. Results. The paper finds that the AMCU's approach to electricity market regulation in Ukraine confirms the necessity to reform the system of the governmental regulation in the wholesale electricity market and in the market of services for electricity transmission, necessity for the change of the system for tariff and pricing policy formation on the part of the National Energy and Utilities Regulatory Commission of Ukraine and the Ministry of Energy and Coal-Mining Industry of Ukraine for developing the competition in electricity market and the need to follow the approaches and criteria of the EU competition law with regard to determination of the dominance in the market, which is stipulated by the international legal obligations of Ukraine arising from Articles 18 and 94 of the Treaty establishing the Energy Community and Art. 255 of the EU-Ukraine Association Agreement.
International dispute settlement and international relations both have a long history. All EU association agreements have appropriate dispute settlement mechanisms, which differ to some extent. The main task of this study is to determine the international legal mechanisms for resolving disputes included in the Association Agreement between the EU and Ukraine. Furthermore, the purpose of the study becomes especially relevant in the context of the process of resolving the Ukraine-EU trade dispute on national restrictions on timber exports, which is the first dispute in Ukrainian practice. A comparison of the various treaty principles of EU cooperation with third countries suggests that the highest level of protection of individuals through the functioning of the dispute settlement mechanism is described by association agreements, and some of them even resemble an "arbitration clause". It was found that the criteria of comparative analysis were the types of dispute resolution mechanisms, consultation procedures and arbitration procedure, mediation procedure and rules of procedure. According to these criteria, it was found that the association agreements contain almost identical provisions on consultation procedures and arbitration, with the exception of some agreements where arbitration is presented on a narrower scale. The provisions on mediation procedures in the submitted agreements are almost identical to the Code of Conduct for Arbitrators and the Rules of Procedure, which serve as template documents duplicated in the various agreements. The association agreements between the EU and Ukraine, Georgia, and Moldova are analysed in detail, and common and distinctive features are described. Differences in the details of dispute settlement mechanisms may indicate that the parties have concerns about the likelihood and intensity of disputes. The Association Agreement between Ukraine and the EU for the settlement of disputes makes provision for the use of various methods: consultations, arbitration, the establishment of an arbitration panel. Particular attention is paid to the analysis of the first case of a trade dispute, which is resolved with the use of the arbitration procedure under the Association Agreement with Ukraine on the export of raw wood
The purpose of this study is to identify the principles of taxation of transnational corporations in the European Union (EU), as well as the effectiveness of legal norms in this area based on the analysis of Ukrainian and world studies. The leading approach to the study of this problem is the method of review and critical analysis of the scientific literature on the subject of the study, as well as methods of logical deduction, scientific abstractions and a systematic approach that allows a comprehensive examination of the differences in the taxation procedures of transnational corporations in the EU Member States. The study presents topical issues of tax harmonisation in the field of taxation of transnational corporations in the European Union. The paper notes that the priorities of the EU Member States are aimed to a greater extent at combating the erosion of the tax base and tax evasion by transnational corporations than at eliminating tax obstacles in the internal market.
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