“Non-Traditional” Authorities of Commercial Courts Regarding the Consideration of Petitions of the Antimonopology Committee of Ukraine for the Grant of Permissions for Inspections of Business Entities, Including Access to the Premises, Inspection, Sealing, Areas Statement and Extraction of Property

The article is devoted to the legal regulation of the powers of commercial courts regarding the granting of permission to carry out inspections, imposing arrests, seizing documents and information, as well as obtaining access to the premises and electronic communications systems of business entities, associations, authorities, local self-government bodies, administrative and economic bodies management and control at the request of the Antimonopoly Committee of Ukraine (hereinafter – AMCU) according to Article 252-1 of the Economic Procedure Code of Ukraine. It was determined that one of the innovations of the European integration changes to the legislative framework of Ukraine was the possibility of commercial courts to consider petitions of the Antimonopoly Committee of Ukraine regarding inspections of business entities, imposing arrests, seizing documents and information, as well as obtaining access to premises and electronic communications systems in cases of violations legislation on the protection of economic competition. It was established that the powers of the commercial court to consider petitions of the Antimonopoly Committee of Ukraine under Article 252-1 of the Economic Procedural Code of Ukraine fulfil the role of judicial control and should become a counterweight to abuses by the bodies of the Antimonopoly Committee of Ukraine. It was analyzed that access to the judicial practice of commercial courts regarding the granting of permission to the Antimonopoly Committee of Ukraine for inspection is not open and is not subject to publication in electronic form during the year. Accordingly, it is possible to analyze the real results of such European integration legislative changes no earlier than the end of the current or the beginning of the next calendar year. Changes are proposed to the provisions of domestic legislation, namely to the Commercial Procedure Code of Ukraine by including them in the powers of first instance courts in Section III “Claim Proceedings” and excluding them from the powers of appellate bodies in order to avoid instance conflicts and to part 4 of Art. 4 of the Law of Ukraine “On Access to Court Decisions” regarding the terms of publication of resolutions granting the right to the Antimonopoly Committee of Ukraine for inspection from one year to the date of completion of the inspection.