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.
|
Report name
|
Issued recommendations
|
Execution status
|
|---|---|---|
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
|
|
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
|
|
|
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
|
|
|
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
|
|
|
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
|
|
|
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
|
