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 "Problems for businesses as a result of the military situation in the east of Ukraine and the annexation of Crimea" |
To fulfil all financial commitments to businesses whose employees were mobilized for a “specified term” of the ATO by compensating them the average salary of such employees for the entire period starting from 27 March 2014, when Law No.1169-VII was adopted. Cabinet of Ministers of Ukraine |
Implemented
— comments:
The CMU by its Resolution No.911 dated 4 November 2015 improved the procedure of payment a compensation to enterprises, institutions, organizations within an average salary of employees that were mobilized for a “specific term” of ATO.
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To amend the Law “On the 2015 State Budget of Ukraine” and provide the necessary expenditures to compensate businesses for 2014 and to fully reimburse them for expenses in 2015. Given the number of mobilized individuals, the amount of budget funds required to cover the arrears for 2014 is UAH 1.6bn, while an additional UAH 955mn is needed to completely cover this compensation in 2015. Ministry of Social Policy |
Implemented
— comments:
The Law of Ukraine "On the 2015 State Budget" No.80-VIII dated 28 December 2017 stipulates a new budget program under the code 2501350 “Compensation to enterprises, institutions and organizations within an average salary of employees called up to serve in the military during mobilization period for a specified term.
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To institute targeted payments to mobilized employees by: setting up a single register to track budget payments to employees mobilized for a specified term;- establishing electronic exchange of information among he State Fiscal Service, the Pension Fund, the Ministry of Social Policy and the Ministry of Defence;
working on the issue of organizing a bank account set-up for such payments.
Cabinet of Ministers of Ukraine |
Implemented
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To revise the criteria used as a basis for including a commercial entity on a given list. Some of the criteria presented in the Procedure for being entered into the list and the priority for reviewing such applications leave room for corruption because of the possibility of variously assessing how well the entrepreneur meets the criteria. In particular, the Procedure should clearly state: - what state agency’s assessment regarding the applicants lack of links to terrorist activity is necessary and sufficient to be included in the list; - clear, quantitative parameters for determining an organization’s social and export orientation. Cabinet of Ministers of Ukraine |
Implemented
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To get the state agencies that coordinate the process of crossing the border — SBU, MIA and SFS — to establish the timeframes and procedure for getting approvals from line ministries for special permits: a list of documents needed, timeframes, a clear series of steps the business entity must take in order to receive special permits and transport goods (freight) across the line of contact. This requires a specific list of line ministries that approve and issue such special permits. Cabinet of Ministers of Ukraine |
Implemented
— comments:
The CMU issued the Resolution "On Approval of the Procedure for transportation of goods to the area or from the area of Anti-Terrorist Operation" No.99 dated 1 March 2017 ("Resolution No.99"). The Resolution No.99 settled issues of documents that are necessary for the enterprises to include them into the relevant list of enterprises, which carrying out the transportation of goods, as well as timeframes of consideration of such documents.
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To improve the current system of issuing permits for transporting goods (freight) using a “one-stop-shop” approach, where the responsible state agencies can review the necessary information using available registers from various agencies, thus both saving time and reducing the risks of corruption connected with the issuing of such permits
Cabinet of Ministers of Ukraine |
Implemented
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To revisit the decision and lift the moratorium on the movement of any Ukrainian-owned boxcars — many of which were loaded before the ban came into force — for which the owners have confirmation documents.
PJSC Ukrzaliznytsia |
Implemented
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To establish a joint Commission with the Ministry of Infrastructure, the SBU, the Customs Service, in order to resolve the issue of ensuring the security of cargo crossing the nominal border with occupied Crimea, and to set up procedures for verifying the content of loaded boxcars pending crossing the border with mainland Ukraine.
PJSC Ukrzaliznytsia |
Implemented
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