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The finalized draft law on the Business Ombudsman Institution supported by the Verkhovna Rada dedicated committee

29.04.2021

Yesterday at a meeting of the Committee on Economic Development, a draft law No.3607-d on the Business Ombudsman in Ukraine was considered. In February 2021, the Verkhovna Rada decided to send the document for revision. Currently the document has already been finalized.
 
Dmytro Kysylevskyi, an author of the draft law, emphasized it in his speech: “Recently, in the Verkhovna Rada, we decided to send the previous version for revision due to a number of remarks made by our colleagues - constitutionalists, as well as Main Scientific and Expert Department and the Main Legal Department. After that, the members of the committee together with the Business Ombudsman and with the participation of MPs, who who made remarks,, developed a new version".
 
The Business Ombudsman Council is an functioning body helping businesses to extrajudicially challenge illegal claims of state bodies since 2014. The Business Ombudsman’s “clients” are mainly small and medium-sized businesses. According to statistics, over 80% of appeals addressed to the Business Ombudsman come from Ukrainian companies. 

“The adoption of the law will be a good signal for both Ukrainian and foreign investors that Ukraine uses all the tools to improve the investment climate. It is also an important signal for donors that Ukraine is interested in continuing the work of the Business Ombudsman Institution. The law guarantees that the Business Ombudsman's Office will be a non-political, independent organization serving all entrepreneurs equally without giving preferences and discrimination”, commented Marcin Święcicki, the Business Ombudsman 
 
The dedicated committee supported the revised bill by a majority of votes.

The new version removes concerns and a number of rights and specifics of the Business Ombudsman work, which caused disapproval, in particular:
•    The norms on administrative liability for improper cooperation with the Business Ombudsman's Office were excluded. Now the Business Ombudsman does not have the right to draw up any protocols on administrative offenses;      
•    The norms on criminal liability for interfering in the activities of the Business Ombudsman were excluded;      
•    Solely voluntary provision of confidential information by complainants necessary for consideration of their complaints was determined.
•    It was determined that the Business Ombudsman would have access only to the scope of official information directly related to the circumstances of the complaint considered.