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.

Jointly with other concerned bodies, to develop and to ensure adoption of by-laws that would ensure full implementation of the system of automated seizure of funds on bank accounts and the document flow of enforcers with persons involved in the court decisions enforcement process.

Cabinet of Ministers of Ukraine

Jointly with other concerned bodies, to develop and to ensure adoption of by-laws that would grant public and private enforcers free access, in particular, but not limited, to the following state registers and databases:  

• Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations  

• Hereditary Register  

• Unified Register of Powers of Attorney  

• Information Portal of the National Police of Ukraine – “Harpoon” Information subsystem  

• Register of Administrative Offenses in the Field of Road Safety  

• System for automatic recording of administrative offenses in the field of road safety  

• Unified State Register of Vehicles  • Unified State Demographic Register  

• Registers of territorial communities  

• Unified information and analytical migration processes management system  

• Database “Information on Foreigners and Stateless Persons Who Have Exceeded Passport Documents Registration Term in Ukraine"  

• Unified information database on internally displaced persons  

• Register of warehouse documents for grain  

• Unified State Register of Animals  

• State statistical survey “Areas, Gross Harvests and Yields of Crops, Fruits, Berries and Grapes"  

• Unified Register of Automated Accounting of Tractors, Self-Propelled Chassis, Self-Propelled Agricultural, Road-Building and Reclamation Machines, Agricultural Machinery, Other Mechanisms  • Register of Lifting Machinery (cranes and machines, elevators, escalators, cable cars, lifts, funiculars, etc.), Steam and Water Boilers, Pressure Vessels, Steam and Hot Water Pipelines, Attractions, Oil and Gas Complex Facilities, Other Objects of Oil and Gas Complex and Other Facilities.  

• Unified electronic automated accounting system  

• “Tax block” information system  

• “Inspector” customs clearance automated system  

• Register of Permits  

• State registers of patents of Ukraine for inventions, utility models and industrial designs  

• State Register of Certificates of Copyright Registration for a Work

Cabinet of Ministers of Ukraine

To finalize the Procedure for Cooperation between the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine and bodies and persons enforcing court decisions and decisions of other bodies, approved with the Order of the Ministry of Justice of Ukraine and the Ministry of Internal Affairs of Ukraine No. 64/261/5 dated 30.01.2018, defining forms of interaction and specifying responsibilities of police officers during enforcement actions.

Ministry of Internal Affairs of Ukraine

To develop and to ensure approval of legal regulations, which would provide an opportunity to enter information about non-enforced obliging decisions by state bodies in the Register of Debtors.

Cabinet of Ministers of Ukraine
Ministry of Justice

To initiate creation of a modern information system which would meet substantial needs of the enforcement procedure participants, taking into account the best world practices.

Ministry of Justice

To ensure publication of decisions of the Disciplinary Commission of Private Enforcers on the Ministry of Justice of Ukraine official website (in an impersonal form, if necessary), in particular, by way of initiating respective amendments to the legislation.

Ministry of Justice

To develop and to approve a legal act that would provide for supplementing the Unified State Register of Court Decisions with information on the status of execution of decisions published in the public domain.

Ministry of Justice
State Judicial Administration

Engaging concerned government agencies, should ensure the development of the National Strategy regarding gradual elimination of those moratoria on enforcement of court decisions, the relevance of which is retained in accordance with the analysis conducted by the Ministry of Justice of Ukraine.

Cabinet of Ministers of Ukraine

In case of confirmation of certain moratoria’s relevance:  

• in the context of moratoria on debtors – state-owned enterprises or enterprises with a qualifying share of the state – to consider and to initiate introduction of effective alternative mechanisms to satisfy creditors' claims during the respective moratoria being in force.  

• when raising the issue of extending the moratorium before the Verkhovna Rada of Ukraine, to provide for its extension only to those legal relations that took place before such an extension and conditioned actual introduction of the relevant restrictions, refraining from expanding the scope of such restrictions.

Cabinet of Ministers of Ukraine

To develop and to submit to the Verkhovna Rada of Ukraine a draft law on amendments to the Law of Ukraine “On Enforcement Proceedings” to increase the fine amount provided for in Art. 75 of the Law of Ukraine “On Enforcement Proceedings”, as of January 2021, and introduction of a mechanism for directing a part of the fine amount paid by the debtor according to the court decision, to compensate for damage caused to the person by delayed non-compliance with the court decision.

Cabinet of Ministers of Ukraine

To develop and to submit to the Verkhovna Rada of Ukraine a draft law amending Art. 185-6 of the Code of Ukraine on Administrative Offences to increase the penalty amount for leaving a separate court ruling without consideration or failure to take steps to eliminate violations of the law specified therein, as well as to expand the effect of this norm to any effective court decision.

Cabinet of Ministers of Ukraine

To develop and to submit to the Verkhovna Rada of Ukraine a draft law amending Art. 382 of the Criminal Code of Ukraine to introduce criminal liability not only for deliberate non-execution or hindering the execution of a court decision, but also for ignoring a court decision that has entered into force, and/or failure to take measures necessary to implement a court decision that has entered into force.

Cabinet of Ministers of Ukraine

To review the existing approach to the disciplinary liability of the state servants in the context of delays, neglection, or refusal to actually implement the effective court decision. 

Cabinet of Ministers of Ukraine

Among the key indicators of results, effectiveness and quality of service of the state servants who hold positions of heads of central executive bodies – to include indicators that reflect the results of court appeals against decisions, actions, inaction of the relevant body against business and actual implementation of the effective court decisions.

Cabinet of Ministers of Ukraine

To ensure implementation of control function over execution of court decisions in state bodies, for instance, by creating staffing positions responsible for this area of activity for the state bodies against which over 1,000 court decisions are rendered per year.

Cabinet of Ministers of Ukraine

To ensure implementation of procedures for reviewing the law application practice of state bodies based on judicial practice being formed in certain categories of cases or legal norms, which directly indicate systemic violations of the law by the state body.

Cabinet of Ministers of Ukraine

To develop and to submit to the Verkhovna Rada of Ukraine a draft law on amendments to the Criminal Procedural Code of Ukraine to:  

(1) set a deadline for implementation of investigative judges’ rulings issued in the pre-trial investigation of criminal proceedings;  

(2) introduce a mechanism for charging a fine for non-execution of such rulings;  

(3) direct a part of the fine amount paid by the debtor under the court decision to compensate the damages caused by delayed non-execution of the court decision to the person in whose favor the decision was rendered. 

Cabinet of Ministers of Ukraine

To develop and to implement a mechanism to monitor the number of investigative judges’ rulings issued in the pre-trial investigation of criminal proceedings and to monitor their implementation status.

Cabinet of Ministers of Ukraine

To amend internal regulations and to take appropriate organizational steps in order to indicate a responsible department with functions of:  

(1) monitoring court decisions to be executed,  

(2) monitoring the process of such decisions execution and  

(3) preparation of regular public reports on the implementation, as well as on problematic issues creating obstacles to proper court decisions execution.

State Tax Service of Ukraine
State Customs Service

To adjust the administrative practice, when applying certain legislation, with regard to the case-law on similar issues. This should provide not only for formal monitoring, but also for a real change in the law application practice of a state body. In particular, to amend the regulations related to the administrative appeal procedure and to oblige the authorities to add a brief overview of the relevant court practice in the text of each decision made as a result of the administrative appeal procedure and/or to make the decision in line with the court practice or to provide relevant reasoning for deviations from it. The criterion for changing law application practice may be a significant change in the results of court proceedings (up to the rate of decision-making to satisfy the claim of business entities to the state body no more than 40% in the respective categories of cases) or a significant reduction in the total number of lawsuits (mutatis mutandis/in other conditions being equal).

State Tax Service of Ukraine
State Customs Service

To amend the Procedure for organizing the work of State Tax Service of Ukraine authorities during preparation and support of cases in courts, approved with the State Tax Service of Ukraine Order dated 17.10.2019 No. 124, and/or other applicable regulations, according to which:  

• to ensure the possibility of making a decision on appealing/not appealing against a court decision within the appeal/cassation appeal terms;  

• to set criteria for simplifying a decision on further judicial appeal ineffectiveness, in particular: when (1) the administrative court of first instance ruled in favor of the taxpayer, (2) such a decision was upheld by the court of appeal and (3) the dispute financial result is insignificant for the budget (for example, up to UAH 100,000) – the tax authority will recognize such a decision and will not appeal it in cassation, except when decisions are contrary to the practice of the Supreme Court/Supreme Court of Ukraine in similar cases.

State Tax Service of Ukraine

To communicate the need for responsible and balanced carrying out of their functions among the central executive bodies, given the potential disputes that may be referred to international courts/arbitration.

Cabinet of Ministers of Ukraine

To arrange separate accounting of enforcement proceedings regarding decisions of international courts/arbitrations as such carrying a potential risk of investment disputes a party to which will be the state, as well as to arrange regular reporting on these issues.

Ministry of Justice