67997

22.11.2024

Declaration of Fair and Reasonable Administration

The Business Ombudsman Council consistently works on implementing European standards of good administration in the daily practice of state institutions.

While protecting entrepreneurs’ interests, we have become convinced that the business climate depends not only on the quality of legislation but also on how these laws are applied – the style and culture of law enforcement.

Drawing on our own extensive experience in reviewing individual complaints from entrepreneurs and best comparative European practices, the Council’s legal team, under the guidance of the Business Ombudsman, developed the Declaration of Fair and Reasonable Administration (the Declaration).

The Declaration is a system of behavioral principles that combine the ideas of the Law of Ukraine “On Administrative Procedure” with European standards of good administration.

We expect that the Declaration should explain the ideas of the Law of Ukraine “On Administrative Procedure” in language that is understandable to business and citizens.

The Declaration was reviewed by the SIGMA Programme of the Organisation for Economic Co-operation and Development (OECD), which supports public administration reforms in Europe. The OECD provided a highly positive assessment of the Declaration and confirmed its alignment with best practices.

Additionally, the Council sent the draft Declaration to key ministries that determine state policies relevant to business interests, the Office of the President of Ukraine, and several foreign partners for feedback and suggestions on the Declaration text. The document was positively assessed by key stakeholders.

We believe that, when resolving disputes with the state, businesses will be able to refer to this document as a form of consensus on how the behavior and legal enforcement of government administrative bodies should be.

The first to join the Declaration were the Chortkiv City Council of Ternopil Region (October 2024) and the Ternopil Regional Military Administration (November 2024).