Article 29. Wests of Ukraine in reply to discriminatory and/or unfriendly actions of other states, customs unions or economic groupments
In case if there is information that other states, customs unions or economic groupments, are limited by realizations of sound titles and interests of subjects of foreign economic activity of Ukraine, in reply to such actions adequate measures can be used. In case if such actions harm or create the threat of its infliction the state and/or to the subjects of foreign economic activity, the noted measures can foresee its compensation.
Measures in reply to discriminatory and/or the unfriendly actions of other states, customs unions or economic groupments, are carried out in accordance with the laws of Ukraine, international agreements of Ukraine, generally accepted norms, standards and rules of international law.
Such measures is:
- application of complete prohibition (complete embargo) is on trade
- application of partial prohibition (partial embargo) is on trade
- privation of the mode of most assistance or favourable dedicaded mode
- introduction of the special duty
- introduction of the mode of licensing and/or quota of external economic operations
- establishment of quotas (contingents)
- introduction of the combined mode of quotas and contingents
- introduction of indicative prices in relation to a import and/or to the export of commodities
- other measures, foreseen laws and international agreements of Ukraine
In case if Ukraine and state, which applied in relation to Ukraine actions which contain the signs of discriminatory and/or unfriendly, is the members of the same international intergovernmental organization, consideration and settlement of debatable situation is carried out in accordance with rules and procedures of such organization.
In case if Ukraine and customs union or economic groupment, which applied in relation to Ukraine actions which contain the signs of discriminatory and/or unfriendly, is the members of the same international intergovernmental organization, consideration and settlement of debatable situation is carried out in accordance with rules and procedures of such organization.
Decision about application of measures in reply to discriminatory and/or the unfriendly actions of other states, customs unions or economic groupments, are accepted the organs of government control of foreign economic activity in obedience to recommendations of the Joint committee on international trade in accordance with their competense.
With the purpose of establishment of facts discriminatory and/or unfriendly actions of other states, customs unions or economic groupments, the central organ of executive power on questions a economic policy prosecutes a proper inquiry in a order which is determined Cabinet of Ministers of Ukraine.
Materials of such investigation are examined the Joint committee on international trade, which gives recommendation the proper public organs in relation to application of the proper measures. On the basis of materials of investigation the central organ of executive power on questions a economic policy together with foreign of Ukraine Ministry speaks to proper state and/or competent organs of other states or customs unions or economic groupments with suggestion in relation to consideration and settlement of debatable situation.
In the case of receipt of positive answer from the noted organs the central organ of executive power on questions a economic policy forms delegation for the leadthrough of the proper negotiations and preparation of the proper international agreements of interdepartmental or intergovernmental character.
In case if proper state and/or the competent organs of other states or customs unions or economic groupments did not give a official consent to application of міжнародно-правових facilities of settlement of international disputes and/or when discriminatory and/or unfriendly actions of these organs directly or mediated violate the international agreements of Ukraine with these states, customs unions or economic groupments, central organ of executive power on questions a economic policy within the limits of the competense, in accordance with recommendations of the Joint committee on international trade, independently passes to materials Cabinet of Ministers of Ukraine for acceptance of the proper decisions about application of necessary measures.
Application of measures in reply to discriminatory and/or unfriendly actions of other states, customs unions or economic groupments, halted in the case of stopping the proper states, by customs unions or economic groupments of such actions in relation to Ukraine, signing of the proper agreement and/or compensation of harm.
Acts of Cabinet of Ministers of Ukraine about the settlement of dispute and application of measures in reply to discriminatory and/or unfriendly actions of other states, customs unions or economic groupments, are the obligatory for implementation organs of executive power in Ukraine, by the subjects of foreign economic activity and foreign subjects of economic activity.
Decision about application of the proper measures in reply to discriminatory and/or unfriendly actions of other states, customs unions or economic groupments, it can be appealed in a judicial order during a month from the date of introduction of such measures in a order, set the laws of Ukraine.
(the article 29 is in a release Laws
Ukraine from 22.12.98 N 335-XIV,
from 16.11.2006 N 360-V) |