The Business Ombudsman Council provides recommendations to state bodies on the basis of individual cases and in accordance with published systemic reports. Here we have collected information on the implementation status of systemic recommendations only.
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Report name
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Issued recommendations
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Execution status
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Systemic report “Big challenges for small business” |
To regularly hold awareness-raising activities among central and local authorities’ officials, including compliance with the requirements of the Law of Ukraine “On Principles of State Regulatory Policy in the Sphere of Business Activity” (preparation of RIA, disclosure of information, public discussions, establishment of a professional dialogue with relevant business associations. State Regulatory Service |
In process
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To regularly hold awareness-raising activities among central and local authorities’ officials, including M-Test application. It may be expedient to modernize the methodology of this test, taking into account available information, current conditions, etc. State Regulatory Service |
In process
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Systemic report "Control over controllers: status of control bodies reform implementation" |
To propose amendments to the Law “On State Supervision (Control)” that would envisage having an exhaustive and mandatory list of control bodies. The amendments should stipulate that in dealing with a body not included on the list, a business entity would have the right not to allow representatives of such body to carry out any inspections.To ensure that any changes in this list would only be possible in the course of the legislative process if corresponding changes are made in the relevant laws on control bodies. Ministry for Development of Economy, Trade and Agriculture of Ukraine |
Implemented
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To continue monitoring the progress made by the state control bodies in bringing their legal acts in compliance with the Law "On State Supervision (Control)" and the CMU Resolution No.752. State Regulatory Service |
In process
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To continue the development of the IAS and to ensure its installation and commissioning in accordance with the current legislation by the end of 2018. Ministry for Development of Economy, Trade and Agriculture of Ukraine |
In process
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To propose amendments to applicable laws which would:-define the powers of control body officials to enter data into the IAS;-enhance personal liability of officials for entering false and/or untimely entry of information into the IAS. Ministry for Development of Economy, Trade and Agriculture of Ukraine |
Implemented
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To ensure the population of the IAS with information and its full operation. State Regulatory Service |
In process
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To consider standardization of documents that the SRS issues in cases of violations by control bodies, licensing and permitting authorities. Ministry for Development of Economy, Trade and Agriculture of Ukraine |
Recommendation is no longer relevant
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To prepare amendments to the legislation on the licensing and permit system to eliminate conflicting provisions regarding the liability of officials of such authorities (including heads of control bodies) for failure to execute the SRS orders. In particular, these amendments should focus on eliminating violations in the following areas:-revocation of licenses;- registration of declarations of conformity of material and technical facilities with the law;-deadlines for submission of conclusions and results of examinations, surveys, and other scientific and technical assessments required for the issuance of a permit. Ministry for Development of Economy, Trade and Agriculture of Ukraine |
Recommendation is no longer relevant
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To draft amendments to the current legislation, particularly:-Article 5 of the Law of Ukraine "On the Licensing of Certain Types of Economic Activities" should be amended by introduction of legally binding deadlines for implementation of SRS’s orders based on decisions of Expert Appeal Council.-in Article 1 of the Law of Ukraine "On the Permit System in the Sphere of Economic Activity" a broader definition of the "permitting document" should be added, including declarations;it should also be allowed to issue permits in other than electronic form (i.e. on paper). amend Article 166-10 of the CAO regarding the establishment of liability of heads of control bodies for violations identified by the SRS when conducting control measures. Ministry for Development of Economy, Trade and Agriculture of Ukraine |
In process
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Systemic report "Challenges for government and business in dealing with local government" |
To draft amendments to the Law of Ukraine "On protecting the atmosphere" to ensure that a list and document requirements for commercial entities seeking a stationary plant emissions permit are established in a special law. Ministry of Justice |
In process
— comments:
The Ministry of Ecology and Natural Resources informed that the recommendation was taken into account by the MEDT. The Draft Law is aimed at improving procedures for issuing permits and establishing basic requirements in respective laws regulating issuance of permits, determined by the Laws of Ukraine "On Administrative Services" and "On Permit System in the Sphere of Economic Activities".
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To draft amendments to Arts. 53-5 of the Code of Administrative Violations to increase the liability of government officials in proportion to the severity of their breaches, such as ignoring deadlines, both for approving land development documentation and for reviewing applications for permits to draw up land development plans. Ministry of Justice |
In process
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To develop recommended guidelines for local government agencies regarding: compliance of land lease-related regulations adopted by local councils with Ukrainian law; the inclusion of clear rules for clear rules for the LGA and individuals interested in leasing a land plot or extending an existing lease to act, including clear timeframes for LGAs to make decisions to offer or not offer a land plot for lease, a list of required documents, publicly accessible texts of related regulations, and so on. Ministry of Regional Development, Construction and Residential Services |
Implemented
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To ensure the adoption of changes to CMU Resolution No.284 dated 19 April 1993, to establish: a clear and thorough list of circumstances for compensating damages to land owners and users; a regulated procedure for reviewing requests to establish the extent of damages; timeframes for reviewing requests to establish damages and making the necessary decision. Ministry of Justice |
In process
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