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Section V liability for violating antimonopoly legislation

Article 19. Imposition of Fines on Business Entities

The Antimonopoly Committee of Ukraine shall impose fines on business entities for

—avoiding to execute or failing to execute in the time specified the cease and desist orders of the Antimo­nopoly Committee of Ukraine against violations of antimonopoly legislation, orders to return to the busi­ness entity's original status or to change agreements that contravene this Law—in amounts ranging from fifty thousand rubles to five hundred thousand rubles;

—repeatedly committing actions described in paragraph 2 of this article over a period of three years—in the amount of three million rubles;

—failing to submit or failing to submit on time informa­tion to the Antimonopoly Committee of Ukraine and its territorial administrations, or submitting deliber­ately inaccurate information—in amounts up to ten thousand rubles;

—failing to execute or executing in an untimely fashion the orders of the Antimonopoly Committee of Ukraine and its territorial administrations—in amounts ranging from five thousand rubles to ten thousand rubles.

The fines stipulated above shall be levied in legal form into the state budget.

Article 20. Imposition of Fines on Officials

Official of government and administrative organs, as well as directors (account managers) of enterprises (asso­ciations, companies, etc.) are liable to administrative penalties in the form of fines for

—falling to submit or failing to submit on time informa­tion to the Antimonopoly Committee of Ukraine and its territorial administrations, or submitting deliber­ately inaccurate information—in amounts up to ten thousand rubles;

—failing to execute or executing in an untimely fashion the orders of the Antimonoply Committee of Ukraine and its territorial administrations—in amounts ranging from five thousand rubles to ten thousand rubles.

The fines stipulated above shall be levied in legal form into the stale budget.

Article 21. Confiscation of Illegally Gained Profits

Profits, gamed illegally by legal business entities as a result of vioilating Articles 4, 5, and 7 of this Law, shall be | seized by the court or arbitral tribunal into the state budget.

Article 22. Compensation for Losses Caused by Abuses of Monopoly Status and Unfair Competition

Losses caused by abuses of monopoly status and unfair competition shall be compensated through legal actions brought by interested parties according to the procedure provided for by the civil legislation of Ukraine.

Section VI

Investigation of cases by the antimonopoly committee of ukraine and appeals against its rulings

Article 23. Investigation of Cases Involving Violations of Antimonopoly Legislation

The Antimonopoly Committee of Ukraine and its terri­torial administrations shall investigate cases involving violations of antimonopoly legislation within the limits of their jurisdiction and rule on the basis of the results of such investigations.

The procedure for the investigation of cases is defined by the Statute on the Antimonopoly Committee of Ukraine.

Article 24. Procedure for Appealing the Rulings of the Antimonopoly Committee of Ukraine

1. In the event of disagreement with the ruling of the Antimonopoly Committee of Ukraine and its territorial administrations, business entities, government and administrative organs, and other interested parties have the right to appeal to the court or the arbitral tribunal to revoke or amend in part or in full a ruling of the Antimonopoly Committee of Ukraine and its territorial administrations.

2. The submission of an appeal shall not suspend the execution of the ruling for the period that the case is under investigation in court or arbitral tribunal unless the court or arbitral tribunal hands down a decision suspending the enforcement of the acts in question.

3. Losses caused by illegal rulings by the Antimonopoly Committee of Ukraine and its territorial administrations shall be compensated at the expense of the state budget despite the responsibility for these of specific officials of the Antimonopoly Committee of Ukraine and its terri­torial administrations.

Article 25. Procedure for Executing the Rulings of the Antimonopoly Committee of Ukraine

1. The rulings of the Antimonopoly Committee of Ukraine and its territorial administrations must be exe­cuted within the term provided for in these directives.

2. Business entities fined by the Antimonopoly Com­mittee of Ukraine shall pay the fine within a period of 30 days from the day of receiving notification about the imposition of the fine.

3. In the event of a refusal to pay a fine, the Antimo­nopoly Committee of Ukraine shall collect it without the right of appeal.

4. At the request of a business entity that has been fined, the Antimonopoly Committee of Ukraine has the right to postpone the payment of the fine.

[Signed] President of Ukraine L. Kravchuk Kiev, 18 February 1992

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