13.08.2015

Fulfillment of the Constitution by the President of Ukraine

Object of the complaint: Petro Poroshenko, President of Ukraine
Complaint in brief: In the period from May till June 2015, the BOC received complaints from wood-processing enterprises regarding a delay in signing into law Bill #1362 “Amending the Law ‘On the features of commercial activity related to the export of raw wood materials’ (with regard to the export moratorium on raw timber),” which had been adopted as is by the Verkhovna Rada on April 9, 2015, and sent for the signature to the President of Ukraine on April 14, 2015, which the President did not do. The complainants claimed that, had the law been signed and come into effect in time, it would saved on the cost of raw materials.
Actions taken: On June 18, 2015, the BOC addressed the President with a request appealing to the provisions of the Art. 94 of the Constitution of Ukraine, according to which the President must sign a bill within 15 days of receiving it. The President must either accept and officially publish the bill or return it to the Verkhovna Rada with justifications and proposals for reconsideration. When the President does not return a bill for reconsideration within the specified period, the bill will be considered as approved by the President and must be signed and officially published.
Result achieved: On July 7, 2015, the bill was signed into law by the President. 
Leaving out the economic component, in particular that the bill could have become a barrier in trade relations with the EU and WTO, the Business Ombudsman Office is firm that constitutional provisions must be adhered to unconditionally to build a democratic society, establish rule of law and ensure a predictable business environment.

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