THE CONSTITUTIONAL PROHIBITION OF MONOPOLIZATION OF ECONOMIC ACTIVITY AND UNFAIR COMPETITION (BY EXAMPLE OF LEGAL REGULATION IN CIVIL AVIATION)

Abstract

The author attempts at identifying a state mechanism regulating the interaction of economic entities in order to prevent monopolization of economic activity, since there are serious problems of unfair competition, particularly in the field of civil aviation, which leads to a different approach to the issues under study. The research methods are historical, comparative legal, formal dogmatic, statistical and method of complex analysis. The study revealed the efficiency of existing mechanisms for ensuring the constitutional ban on monopolization of certain types of economic activity is merely declared and substantiate scientific analysis is needed to improve the regulatory mechanism and eliminate the deficiencies identified by the author. Such deficiencies may lead to a disruption in the balance of interests of various business entities in the field of legal regulation of civil aviation (commercial traffic) and, as a result, to decrease the availability of aviation services to the public. The findings can be used in educational literature on constitutional and transportation laws, and serve as recommendations for law-making. The author proposed an innovative approach to improving the regulatory mechanism for the implementation of constitutional ban on monopolization of economic activity and unfair competition based on the example of legal regulation in civil aviation industry.