ARTICLE
21 March 2024

Dawn Raids: Guidelines For Businesses In Light Of Ukraine's New Competition Law

K
Kinstellar

Contributor

Kinstellar acts as trusted legal counsel to leading investors across Emerging Europe and Central Asia. With offices in 11 jurisdictions and over 350 local and international lawyers, we deliver consistent, joined-up legal advice and assistance across diverse regional markets – together with the know-how and experience to champion your interests while minimising exposure to risk.
At present, even though the Antimonopoly Committee of Ukraine (AMC) does not actively conduct inspections, conducting dawn raid inspections is still permissible during martial law.
Ukraine Antitrust/Competition Law
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March 2024 – At present, even though the Antimonopoly Committee of Ukraine (AMC) does not actively conduct inspections, conducting dawn raid inspections is still permissible during martial law.

n 6 February 2024, the updated Dawn Raids Procedure was implemented in Ukraine in order to make the process more transparent and lucid. The document outlines the steps that the AMC must take in order to carry out a dawn raid, as well as the step-by-step protocols for each stage of the inspection, such as taking pictures, recording audio or video, seizing or restricting evidence, checking and sealing the premises and other possessions, and copying papers and data storage devices.

There are three noteworthy changes to the updated process:

  • Securing court approval to conduct an inspection is now a mandatory requirement before launching a dawn raid inspection by the AMC.
  • Both the business premises of the in-question company and the private residences of the controlling individuals - possibly including their relatives - may be examined during inspections.
  • During a dawn raid inspection, the law-enforcement and/or customs officials may occasionally accompany AMC officials.

We have drafted a special leaflet that describes the above procedures and offers guidelines for businesses.

Click on one of the images below or click on the following links to read the overview in English or in Ukrainian.

Download in English: Download in Ukrainian:

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
21 March 2024

Dawn Raids: Guidelines For Businesses In Light Of Ukraine's New Competition Law

Ukraine Antitrust/Competition Law

Contributor

Kinstellar acts as trusted legal counsel to leading investors across Emerging Europe and Central Asia. With offices in 11 jurisdictions and over 350 local and international lawyers, we deliver consistent, joined-up legal advice and assistance across diverse regional markets – together with the know-how and experience to champion your interests while minimising exposure to risk.
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