Discussion issues of discretionary powers of the Antimonopoly Committee of Ukraine

Abstract

The article is devoted to the debatable issues of discretionary powers of the bodies of the Antimonopoly Committee of Ukraine. It is noted that for the Ukrainian legal doctrine and, especially, the practice of law enforcement, discretion is a fairly new legal category and its content is poorly understood. Considering the above, in particular, the concept and types of discretionary powers are considered.The situation of the refusal of the antimonopoly body to consider the case, issued by a letter, which is an act of individual action, which can be challenged in court, is being investigated. An analysis of the judicial review of the proper exercise of the powers of the competition agency is given, which must act not only within the limits of its powers, choosing one or another type of behavior according to the law, but it is also necessary that such behavior is fully aimed at protecting human rights, the general interest of the state and society. give an example of illegal implementation of discretionary powers of the Antimonopoly Committee of Ukraine in which cases