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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 “Big challenges for small business”

To review the Action Plan to the SME Strategy and determine its relevance, priority and expediency.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
Other CEBs

In process

To approve an updated realistic action plan for the support and development of SME, taking into account the BOC’s recommendations according to this report. The SME Action Plan should cover activities for all groups of entities (micro-, small and medium-sized businesses) and be backed by appropriate financial resources

Ministry for Development of Economy, Trade and Agriculture of Ukraine
Other CEBs

In process

The development of the updated action plan to the SME Strategy should be based on the participatory principle, in particular, all key stakeholders both from the state and the business community representing all groups of entrepreneurs should be involved in this process. The overall focus of this document should be on creating conditions for transforming small businesses into medium-sized enterprises, as well as for more rapidly growing small businesses, enterprises with export potential or enterprises with a significant innovation component.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
Other CEBs

In process

To develop the concept of creating information sharing and/or business consulting areas.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
The SME Development Office
Ministry of Digital Transformation

In process

To introduce the practice of informing SMEs of major changes in the legislation (for example, through publication at the SME Development Office’s website) that directly set new requirements for micro- and small-sized businesses.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
The SME Development Office
Ministry of Digital Transformation

In process

To elaborate recommendations for self-government authorities on the unified presentation/ placement of business-relevant information on their websites.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
The SME Development Office
Ministry of Digital Transformation

In process

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

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

To ensure that in case of tax invoice suspension or inclusion of a taxpayer in the list of risky taxpayers the respective entrepreneur receives information about the actual reasons/ circumstances that led to such a decision. Such information should allow the taxpayer to understand which documents to submit or how to adjust his activity to achieve tax invoice registration or exclusion from the list of risky taxpayers.

State Tax Service of Ukraine

In process

To take appropriate steps to simplify the labour-related document flow and transform it into electronic format.

Cabinet of Ministers of Ukraine
Other CEBs

In process

To continue providing the Export Promotion Office with appropriate resources, expanding support services according to the Export Strategy and SMEs’ demand, and disseminating information about the Office's capabilities among SMEs’ representatives.

Cabinet of Ministers of Ukraine

In process

To ensure transparent and efficient functioning of the ECA in accordance with the best international practices. When taking final legislative steps to launch the ECA, it is recommended that the CMU, the MinFin and the MinEconomy carry out additional analysis of:

 

а) the level of the ECA’s capitalization and state support so that the institution could cover as many businesses as possible, including SMEs, and make their own functionality more accessible and

 

b) the support areas outlined in Art. 8 of the Law, first of all in the context of their consistency with the identified priority sectors of the Export Strategy.

Cabinet of Ministers of Ukraine
Ministry of Finance
Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To finally approve and implement the creation of a fully operational structure of foreign (trade representative) offices provided with sufficient resources and functionality to effectively support domestic businesses, including SMEs, with the gradual expansion of the geographical presence of such offices. In this context, it is deemed appropriate to ensure close co-operation of foreign agencies with the Export Promotion Office when processing requests, particularly those submitted by SMEs.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
Ministy of Foreign Affairs

In process

To take steps to launch the National export web portal, its proper and regular filling with useful and accessible information for active and potential exporters, as well as introduce a separate section dedicated to promotion and using innovation opportunities by exporters, as set forth in the Action Plan to the Export Strategy.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
Export promotion office

In process

To review and evaluate the relevance of unimplemented activities outlined in the Action Plan for the implementation of the SME Strategy, prioritize activities that may have a fast and significant effect on the SMEs’ access to finance and to stop implementing ineffective measures.

Cabinet of Ministers of Ukraine
Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To initiate training programs for SMEs aimed at improving access to finance through technical assistance programs. Consider regular conducting of such programs on the ongoing basis with budget and/or donor funding, for example, through regional business support centres. To avoid a formalized approach to implementing such programs (for example, when performance is assessed based on the fact of the training itself), introduce measurable and focused key performance indicators, such as quantitative indicators of the SMEs’ participation, the number of SMEs that have tried to or received funding after participation in training programs, and others.

The SME Development Office

In process

To analyze the implementation of financial and credit regional business support programs at the expense of budgetary funds that have been active since 2018, in terms of their effectiveness and to develop an optimal approach to providing financial and credit support for business entities.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To consider introducing criteria for participation in concessional lending programs according to the state policy priorities, such as:

 

• assistance in adapting to the corresponding EU standards;

 

• enterprises/projects founded by employees dismissed over the last year;

 

• enterprises registered in regions with high unemployment rate and/or low economic activity (the so-called "depressed regions").

Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To enhance the implementation of measures aimed at strengthening the institutional capacity of business associations (business support organizations), in particular, the implementation of a relevant Program developed during the SME Strategy’s implementation. Prioritize measures within the Program designed to support the competitiveness and SMEs’ interest’s presentation and communication

Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To prioritize the implementation of the Innovation Strategy for the period up to 2030 aimed at enhancing copyright, improving the national patent protection system and harmonizing the national patent law with the relevant EU standards, in particular:

 

• approximate technical regulation, standards, and conformity assessment;

 

• normatively regulate the process of transferring intellectual property objects;

 

• introduce state support for patenting of intellectual property of Ukrainian innovators abroad through co-financing, etc.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To promote further enhancing of the SME Development Office institutional capacity.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To encourage the development of partnership with collective actions in the private sector (e.g., Ukrainian Network of Integrity and Compliance) for creating a single mentorship platform to advise on compliance and business integrity for SMEs.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
The SME Development Office

In process

To strengthen the educational capacity of the created platform aimed at raising companies’ awareness of international compliance standards and their implementation by the private sector, by holding country-wide events and creating a resource guide/program with success stories for SMEs’ representatives, etc.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To develop a practical compliance workshops program by engaging various stakeholders, including those in the regions, to increase overall business awareness about business integrity practices, as well as further joint development of a common minimum compliance standard (guidelines) with further SMEs’ support in implementing compliance practices.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
The SME Development Office

In process

To initiate developing a minimum standard (guidelines) on business integrity tailored to SMEs’ compliance needs. The implementation of such a standard should lay down the necessary foundation for determining the compliance culture sustainability in Ukraine, in particular, by introducing company certification provided that they have more sophisticated and well-established compliance programs. Following the introduction of the standard with the stakeholders’ involvement, study legislation to simplify regulation for SMEs applying the compliance standard.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To properly and timely complete implementation of activities envisaged by the SME Strategy in terms of training, education aimed at developing competencies/skills and awareness-raising of SMEs in the field of business integrity.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
The SME Development Office
Other CEBs

In process

To continue maintaining an active dialogue and holding specialized forums for SMEs. At the same time, it is advisable for these entities to analyze the current state and expand preparation of step-by-step instructions with detailed information on key business processes required to start or liquidate certain types of business and to uniquely present/post information on their websites. Additionally, such information should be accompanied by interactive self-testing tools for SMEs so that they can independently check their compliance level.

Ministry for Development of Economy, Trade and Agriculture of Ukraine
Kyiv City State Administration
Other CEBs

In process

Systemic report "Administrative appeal: current state and recommendations"

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order:

 

To retain provision set forth in the Draft Law No. 9456 enabling a person to employ administrative appeal mechanism to challenge not only any decision but also actions and inactions of public authorities.

 

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify respective selected provisions which were set forth in the Draft Law No. 9456 to ensure:

 

An appellant's discretionary right to lodge appeals and obtain decisions on appeals in an electronic or a hard copy form.

 

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify respective selected provisions which were set forth in the Draft Law No. 9456 to ensure:

 

Administrative act's entering into force is subject to expiration of the term for launching administrative appeal or – if such procedure was launched – not earlier than completion of such an appeal procedure (with possible exceptions – related to critically important public interests – when an administrative act becomes effective immediately).

 

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify respective selected provisions which were set forth in the Draft Law No. 9456 to incorporate new provisions establishing:

 

An appellant's right to lodge a motion with an appeal authority seeking suspension of execution or validity of an administrative act (with respect to acts entering into force immediately), as well as prohibition of certain actions by administrative body (its officials) for the period of appeal.

 

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify respective selected provisions which were set forth in the Draft Law No. 9456 to incorporate new provisions establishing:

 

The right of appellants and administrative bodies to demand participation of their representatives in consideration of appeals by an appeal authority remotely (in particular, via video– or teleconference).

 

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order:

 

To retain provisions which were set forth in the Draft Law No. 9456 and which foresaw establishment of the unified framework for the administrative (internal) appeal procedures in all spheres of public administration.

 

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption setting forth the rules governing delegation of powers to resolve administrative cases, which would foresee:

1) Obligation of public authorities to develop internal criteria determining when issuance of decision upon completion of administrative appeals shall be carried out directly by the head of a public authority or could be delegated to authorized persons (collegial bodies);

2) Rule that the delegated authority cannot be exercised by a person other than an authorized one;

3) Mandatory publication of decisions on delegation of powers in the framework of administrative appeal (as well as decisions on revocation and cancellation thereof);

4) Prohibition of further delegation (sub-delegation) of powers granted to authorized persons within the framework of the administrative appeal;

5) Possibility for further delegation (sub-delegation) of the signing authority by authorized persons within the framework of the administrative appeal.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order:

 

Authorizing public authorities to set up appeal commissions, whose activities shall comply with the minimum neutrality (impartiality) guarantees in accordance with the requirements established by the Cabinet of Ministers of Ukraine regarding:

1) Method of forming composition of appeal commission on a permanent (for authorities with a significant number of appeals) or temporary (for authorities with a small number of appeals) basis, as well as method of distributing the administrative appeals in the manner excluding occurrence of conflict of interests;

2) Inclusion of civil society representatives to the appeal commission's composition;

3) Procedure of recusal (self-recusal) of an appeal commission's member;

4) Peculiarities of organizational, informational and logistic support aspects in the activities of appeal commission ensuring absence of its excessive dependence on a public authority under whose auspices it operates;

5) Competence of the public authority's head to delegate his authority to adopt final decision upon completion of administrative appeal to the appeal commission acting as a collegial body.

 

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order:

Existence of the administrative appeal procedure to enable challenging decisions (actions or inactions) of those authorities, where higher-level bodies do not exist, even if relevant appeal commissions were not created therein.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order:

Introducing recusal (self-recusal) procedure via-a-vis a person authorized to consider the administrative appeal.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order:

To incorporate a new provision vesting the Cabinet of Ministers of Ukraine with authority to establish special (quasi-judicial) appeal bodies operating outside the hierarchy of public authorities, whose decisions (actions or inactions) are challenged to enable handling of certain types of administrative appeals.

Cabinet of Ministers of Ukraine

In process

To develop and approve a model regulation on appeal commission set up within the public authority, whose provisions would regulate such commission's activities in compliance with the recommendation above.

Cabinet of Ministers of Ukraine

In process

While elaborating the Draft Concept on Reforming the System of the State Supervision (Control) – to consider the idea of creating special (quasijudicial) appeal bodies operating outside the hierarchy of public authorities, whose decisions (actions or inactions) are challenged, to enable handling certain types of administrative appeals.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to retain provisions which were set forth in the Draft Law No. 9456 and which foresaw:

In advance notification of the parties to the proceedings about the place and time of the appeal's consideration and the procedure for familiarization with the appeal materials.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to retain provisions which were set forth in the Draft Law No. 9456 and which foresaw:

Disclosure of the full text of a decision containing substantiation and motivation for its adoption to participants of the proceedings.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to incorporate new provisions, which would establish:

Possibility of participation of the appellant (its representatives), representatives of the authority that made the decision (whose official committed an action or inaction) and third parties facilitating the proceedings (particularly on the initiative of the authority and/or based on the motion of the participants of the appeal) in the appeal's consideration.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to incorporate new provisions, which would establish:

Technical recording of appeal's consideration by the persons present (save for closed hearings).

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to incorporate new provisions, which would establish:

Publication of the adopted decisions in depersonalized form.

Cabinet of Ministers of Ukraine

In process

To develop and approve a model regulation on appeal commission set up within the public authority, whose provisions would envisage:

Prior notification of the participants of the proceedings about the place and time of appeal's consideration.

Cabinet of Ministers of Ukraine

In process

To develop and approve a model regulation on appeal commission set up within the public authority, whose provisions would envisage:

Access to materials of the case prior to and during appeal's consideration.

Cabinet of Ministers of Ukraine

In process

To develop and approve a model regulation on appeal commission set up within the public authority, whose provisions would envisage:

Access to the full text of the decision by the appellant and other persons who participated in the consideration of the appeal.

Cabinet of Ministers of Ukraine

In process

To develop and approve a model regulation on appeal commission set up within the public authority, whose provisions would envisage:

Publication of decisions made on the basis of the outcomes of appeal's consideration on a respective authority's website.

Cabinet of Ministers of Ukraine

In process

To develop and approve a model regulation on appeal commission set up within the public authority, whose provisions would envisage:

Technical recording of the appeal's consideration process by the persons present.

Cabinet of Ministers of Ukraine

In process

To ensure adaptation of central executive bodies' websites to people with special needs.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to retain provisions which were set forth in the Draft Law No. 9456 and which foresaw:

The right of an appeal authority to collect any evidence necessary for a full and comprehensive consideration of the case on its own initiative.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to retain provisions which were set forth in the Draft Law No. 9456 and which foresaw:

Prohibition for an appeal authority to demand directly from the appellant any documents or information being in possession of the appeal authority or any other public authority.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to retain provisions which were set forth in the Draft Law No. 9456 and which foresaw:

The right of an appeal authority to demand any data and documents necessary for the resolution of a case from other authorities in charge of administration of official registers.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order:

 

To incorporate new provisions, which would establish a requirement to adhere to "sincere cooperation" principle between public authorities within the administrative appeal procedure, particularly by signing Memorandum of Cooperation and Exchange of Information between them.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify general provisions which were set forth in the Draft Law No. 9456, by establishing an obligation to issue the decisions in the administrative appeal procedure based on effect of the principle of proportionality with regard to the following:

The scope of the administrative appeal procedure (full, shortened, with/without parties, etc.).

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify general provisions which were set forth in the Draft Law No. 9456, by establishing an obligation to issue the decisions in the administrative appeal procedure based on effect of the principle of proportionality with regard to the following:

The need for an appeal authority to involve resources (own and the appellant's) for checking and/or establishing circumstances of the appeal.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify general provisions which were set forth in the Draft Law No. 9456, by establishing an obligation to issue the decisions in the administrative appeal procedure based on effect of the principle of proportionality with regard to the following:

 

The use of certain tools of redress in the result of administrative appeal consideration.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to incorporate new provisions, which would foresee:

Application of the principle of proportionality, taking into account the case-law of the Ukrainian courts, the European Court of Human Rights, and the European Court of Justice.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to incorporate new provisions, which would foresee:

Possibility to carry out administrative appeal procedure in a simplified (shortened) form without hearings, in cases where, given obvious nature of circumstances of the case, the administrative authority intends to rule in favor of the appellant and the parties do not insist on a full consideration.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to incorporate new provisions, which would foresee:

Possibility for the appeal body to give a public apology when challenged actions are found to be unlawful.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to retain provisions which were set forth in the Draft Law No. 9456 and which foresaw:

Unification of approaches to calculation of procedural time limits in the administrative appeal procedure (particularly as regards starting point of their elapsing; their calculation by calendar or business days; shifting the last day of the term falling on the weekend, a holiday or a day-off).

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to retain provisions which were set forth in the Draft Law No. 9456 and which foresaw:

Establishing deadline for lodging an appeal against a decision (an administrative act) to be calculated based on the day it was received by the appellant rather than the day of its adoption (with the exception of cases of failure to receive a duly sent decision due to appellant's bad faith or negligence).

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to retain provisions which were set forth in the Draft Law No. 9456 and which foresaw:

Setting a clear standard term for the appeal's consideration (with the possibility of setting another term by special laws in certain areas).

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify general provisions which were set forth in the Draft Law No. 9456 regarding:

Establishing deadline for lodging an appeal challenging actions or inactions, which would enable lodging an appeal:

1) On continuous actions or inactions – at any time when actions or inactions are occurring;

2) On completed (finished) actions or inactions – within a clearly defined period of time to be calculated from the date of completion (the end) of such actions or inaction (the day when the appellant found out or should have found out about their completion).

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify general provisions which were set forth in the Draft Law No. 9456 regarding:

 

Determining the appeal authority's right to renew the missed deadline for lodging an appeal at the appellant's request subject to existence of valid reasons, with an indicative non-exhaustive list of such valid reasons to be set forth in the legislation to be achieved by:

1) Extending non-exhaustive list of such valid reasons originally specified in the Draft Law No. 9456;

2) Determining obligation of the appeal authority to state the fact of renewal of the missed term for appeal, grounds for its renewal and evidence supporting these grounds – to be done in the decision on results of appeal consideration or in a separate procedural decision on time limits renewal.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to determining the appeal authority's right to extend the term for appeal's consideration – by:

1) Creating an indicative list of grounds for extending the term for appeal's consideration (depending on complexity of appeal, a significant amount of materials and other factors objectively affecting length of consideration) as well as establishing maximum term of extension and a maximum number of extensions;

2) Appeal authority's obligation to disclose the number and ratio of appeals for which the period of consideration has been extended in public statistics related to the administrative appeal procedure.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify general provisions which were set forth in the Draft Law No. 9456 regarding:

The norms which regulate enforcement of the decisions taken after the appeal's consideration – by clearly securing the appeal authority's obligation in case of satisfaction of the appeal (including satisfaction based on "tacit consent" principle) to promptly take actions aimed at restoring the infringed rights and legitimate interests of the appellant (or to assign another authority with the task to perform such actions, including follow-up on implementation thereof).

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to incorporate new provisions, which would establish:

A clear, short period during which an appeal is scrutinized by an appeal authority for formal defects preventing its acceptance into consideration.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to incorporate new provisions, which would establish:

The obligation of an appeal authority, which detected formal defects of the appeal preventing its consideration, to defer consideration of an appeal by granting the appellant reasonable term for their remedying, so that the appeal could be left without consideration only upon expiration of such a term and failure to eliminate such defects.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to incorporate new provisions, which would establish:

The rule contemplating satisfaction of appeals lodged to challenge decisions (administrative acts) based on the "tacit consent" principle in the event of an appeal authority's failure to issue any decision or send it to the appellant within the term prescribed by law.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine the Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to retain provisions which were set forth in the Draft Law No. 9456 and which foresaw:

A list of admissible means of proof in the administrative appeal procedure, comprising, inter alia, explanations of the parties or witnesses, documents, things, expert explanations or reports, specialist advice.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine the Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to retain provisions which were set forth in the Draft Law No. 9456 and which foresaw:

Obligation of appeal authorities to provide proper justification in case of a change of assessment and conclusions reached in similar cases.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine the Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order to further specify general provisions which were set forth in the Draft Law No. 9456 containing the list of issues due to be scrutinized by appeal authority in the framework of the administrative appeal, by referring to:

compliance with requirements of material law;

compliance with the procedure (including competence issues),

correct and complete identification of circumstances of the case based on proper and admissible evidences.

Cabinet of Ministers of Ukraine

In process

To prepare and lodge with the Verkhovna Rada of Ukraine the Draft Law of Ukraine "On the Administrative Procedure" (in replacement of the Draft Law No. 9456 of December 28, 2018) and, within its competence, to facilitate its adoption in order:

 

To incorporate a new provision, which would ensure making decisions of the appeal authorities public (subject to compliance with confidentiality requirements) in an easy to use, intellectually searchable format.

Cabinet of Ministers of Ukraine

In process

To approve a legal act (regulations, procedure, methodology, etc.) determining the procedure for setting key performance indicators, effectiveness and quality of service activities (KPIs) of executive authorities (their structural divisions, officials) whose functions include consideration of appeals filed according to the administrative appeal procedure, which would envisage:

Mandatory application of the "ratio of confirmation by the courts of decisions made according to the administrative appeal procedure" KPI (calculated as the ratio of cases resolved in favor of the public authority out of the total number of cases considered in courts after their going through the administrative appeal procedure; for decisions having monetary measurement – the ratio in monetary terms is additionally calculated).

Cabinet of Ministers of Ukraine

In process

To approve a legal act (regulations, procedure, methodology, etc.) determining the procedure for setting key performance indicators, effectiveness and quality of service activities (KPIs) of executive authorities (their structural divisions, officials) whose functions include consideration of appeals filed according to the administrative appeal procedure, which would envisage:

Setting an optimal reporting period for calculation of the indicator depending on the load of a certain appeal authority (the more the load, the shorter the reporting period), for instance:

• less than 1000 appeals per year – annual period,

• over 1000 appeals per year – quarterly period.

Cabinet of Ministers of Ukraine

In process

To approve a legal act (regulations, procedure, methodology, etc.) determining the procedure for setting key performance indicators, effectiveness and quality of service activities (KPIs) of executive authorities (their structural divisions, officials) whose functions include consideration of appeals filed according to the administrative appeal procedure, which would envisage:

Mandatory measurement and updating (with the foregoing frequency) of the status of measurement of the above KPI for at least 3 years after the end of the reporting period, metrics of which are measured.

Cabinet of Ministers of Ukraine

In process

To approve a legal act (regulations, procedure, methodology, etc.) determining the procedure for setting key performance indicators, effectiveness and quality of service activities (KPIs) of executive authorities (their structural divisions, officials) whose functions include consideration of appeals filed according to the administrative appeal procedure, which would envisage:

Mandatory publication of the latest results of the measurement of the foregoing KPI on the official public authority's website and/or in other public sources.

Cabinet of Ministers of Ukraine

In process

To approve a legal act (regulations, procedure, methodology, etc.) determining the procedure for setting key performance indicators, effectiveness and quality of service activities (KPIs) of executive authorities (their structural divisions, officials) whose functions include consideration of appeals filed according to the administrative appeal procedure, which would envisage:

Recommended use of other KPIs, depending on a specific features of a given sphere, which, among other things, may include:

 

KPIs related to timeliness of appeals' handling (average time for handling appeals, the ratio of appeals considered in a timely manner, the ratio of appeals against which consideration period was extended, etc.)

Cabinet of Ministers of Ukraine

In process

To approve a legal act (regulations, procedure, methodology, etc.) determining the procedure for setting key performance indicators, effectiveness and quality of service activities (KPIs) of executive authorities (their structural divisions, officials) whose functions include consideration of appeals filed according to the administrative appeal procedure, which would envisage:

 

Recommended use of other KPIs, depending on a specific features of a given sphere, which, among other things, may include:

KPIs, related to subjective satisfaction of participants with the administrative appeal procedure, this process overall quality and its particular aspects (according to the surveys, which should be conducted among all participants and provide an appropriate level of anonymity for survey participants), etc.

Cabinet of Ministers of Ukraine

In process

Systemic report "Business focus on labor-related issues"

To develop and submit for respective approval the procedure for interaction between the SLS, the Labor commissions under local governance, and the SFS, when carrying out the state supervision in the labor relations sphere.

State Tax Service of Ukraine
State Labor Service

In process

To develop and submit for respective approval the procedure for interaction between the SLS, the Labor commissions under local governance, and the National Police of Ukraine, when carrying out the state supervision in the labor relations sphere.

State Labor Service
National Police of Ukraine

In process

To provide the territorial bodies with a guidance for compliance within the process of approval of mining operations development plans. Such a guidance should clearly address the following: (i) a maximum time limit for processing of submitted documents; (ii) an exhaustive list of grounds for refusal of approval; (iii) a minimum time limit for correction of weaknesses in the mining operations development plan (if any).

State Labor Service

In process

To develop a legal framework and an implementation mechanism for the “E-Office” that would meet international standards and the best European practices for the labor-related procedures (in particular, for obtaining of the work permit for foreign specialists).

State Labor Service
State Employment Service

In process

To prepare draft laws introducing: - a simplified procedure for obtaining the work permit for foreign students and/or the graduates; - an administrative appeal procedure against refusals to issue the work permit; - issuance of the work permit duplicate as well as the one in the electronic form.

State Employment Service

In process

To redesign the process of the occupational safety education, amend Model Regulation on the Procedure for Training and Knowledge Assessment on Occupational Safety Issues, approved with the Order of the State Committee of Ukraine on Supervision of Labor Protection No. 15 dated January 26, 2005 and other applicable acts, in particular, to: - grant a right to lecturers of private training centers, who trained employees, to be a part of examination commissions; - provide a detailed procedure with requirements for a request to assign an examination commission, as well as a concrete algorithm of actions, when such a commission does not arrive in time. - to develop and to approve a detailed procedure for assessment of knowledge in the field of occupational safety and health, which would eliminate ambiguities and excessive discretion inherent to the existing process, in particular – regarding allowed examination cards, additional questions, and success threshold.

State Labor Service

In process

To develop and to implement a confirmation system of competence and quality management of the educational institutions and training centers, which would prevent indecent participants from operating in the market, e.g. introducing a requirement of certifying compliance with recognized international standards.

State Labor Service

In process

To build capacity on compliance by training its staff regularly to enable it for better promotion and achievement of compliance through (i) working partnerships with businesses, and (ii) conducting training of labor inspectors on subjects related to professional conduct, ethics, behavior, and communication skills. Such training should be public (to the extent possible) to disseminate a uniform understanding of issues as well as released on the SLS web-site or other official public sources.

State Labor Service

In process

To develop and enforce a performance assessment system for labor inspectors which accounts not only for quantitative results of their activities but, most importantly, for a qualitative part of their performance, in terms of the measurement of the extent to which they have contributed to the improvement of workplaces that they have inspected.

State Labor Service

In process

To improve an existing practice of issuing practical recommendations for business based on the best compliance practices through disclosure of inspection results from a labor compliance perspective as well as periodical reports of inspectorates addressing specific sectoral compliance issues. Such pieces of advice should contain self-explanatory illustrations of what labor compliance risk, risk factor, or counter-factor it relates to and how such a risk could be mitigated. Information is to be released on a regular basis (not less than quarterly) on the SLS web-site through a single point of reference.

State Labor Service

In process

To create a single point for guidance to be regularly developed by the SLS so that business can comply with regulations, which are often of the technical and complex nature, and to ensure that such information reflects the law correctly, is clear and easy to follow and at no cost for the business community.

State Labor Service

In process

To develop and introduce interactive self-assessment toolkits with a special focus on the micro-enterprises and SMEs, and to ensure that businesses can assess themselves against the inspection criteria. Additionally, to arrange regular educational campaigns to encourage businesses to apply such toolkits and to ensure that they can contribute towards improving compliance via regular feedback forms/ surveys.

State Labor Service

In process

Systemic report "Main problems faced by business in customs sphere"

To develop a draft law on introducing amendments to the Code of Ukraine on Administrative Offenses of Ukraine by supplementing Chapter 12 of the Code of Ukraine on Administrative Offenses of Ukraine ("Administrative Offenses in the Areas of Trade, Public Catering, Services, Finance and Entrepreneurship") with an article to govern administrative liability of officers (officials) of customs authorities for violation of customs legislation, as well as to grant the power to issue protocols on such violations to the central executive authority tasked to implement the state regulatory policy, the policy on supervision (control) in the field of business activity, licensing and permit system in the field of business activity, as well as deregulation of business activity.

Ministry of Finance
Ministry of Justice

In process

To develop and publish guidelines on procedures for declaring and controlling accuracy of customs value’s determination, including specification of the main stages of interaction between declarant and customs authority, as well as their rights and obligations (following the model employed in the UK Notice 252). Such an interpretation should be posted on the State Fiscal Service of Ukraine website or other official public sources.

Ministry of Finance

In process
To prepare governmental draft Law of Ukraine introducing the following amendments to the Customs Code of Ukraine:
1.1. To supplement Paragraph 7 of Article 55 of the Customs Code of Ukraine to ensure that the general rule stating that validity period of guarantees issued by guarantors pursuant to Section X of the Customs Code of Ukraine “…shall not exceed 90 calendar days as of the date of the goods’ release” would not apply to financial guarantees issued in the form of a document.
1.2. To supplement Article 312 of the Customs Code of Ukraine with the provision stating that the validity period of a financial guarantee issued in the form of a document shall not exceed 365 calendar days after release of goods, provided that within 120 calendar days, following adoption of decision on customs value’s adjustment, a declarant would notify customs authority about its disagreement with such a decision.
1.3. To amend Article 314 of the Customs Code of Ukraine in order to harmonize eligibility criteria for parties entitled to grant financial guarantees to secure payment of customs duties with the current European practices (particularly taking into account provisions of Article 27 and Article 28 of the Convention on a Common Transit Procedure EU/EFTA).

Ministry of Finance

In process

To ensure creation of a public electronic register of decisions on classification of goods, similar to practice employed in the EU. In the Council’s view, not only decisions adopted by customs authorities during customs clearance should be entered into such a registry, but also those ones adopted by the State Fiscal Service authorities during documentary inspections and (for the sake of comprehensiveness of registry information) court decisions adjudicating correctness of the classification of goods.

Ministry of Finance
State Tax Service of Ukraine

In process

To issue Methodological Recommendations to ensure proper consideration by customs authorities of the existing case law on classification according to the relevant Ukrainian Classification of Goods for Foreign Economic Activity codes. Among other things such a document would have to establish that while conducting classification of goods under UCGFEA having the same, identical or similar characteristics, due attention should be paid to practice generated by both domestic courts as well as by the European Court of Justice.

State Tax Service of Ukraine

In process

To prepare and conduct educational training programs for the personnel of the State Fiscal Service of Ukraine on reasoning decisions on classification of goods by using examples from the practice of the European Court of Justice. Such trainings should be public (to the extent possible) to disseminate a uniform understanding of issues pertaining to classification of goods.

Ministry of Finance
State Tax Service of Ukraine

In process

To elaborate and approve Inter-Agency Instruction on interaction of customs and law enforcement authorities. Such a document should, among other things, regulate (1) time limits for customs clearance, including liability (sanctions) for failure to observe such time limits; (2) restrictions with respect to the number of actions aimed at retrieving samples of the declarant’s goods; (3) communication between customs and law enforcement agencies in the course of such interaction.

State Tax Service of Ukraine
Ministry of Finance
Ministry of Internal Affairs of Ukraine
State Security Service of Ukraine

In process

In order to (1) place actions substantially similar to search outside the scope of customs examination procedure; and (2) narrow down powers of the law enforcers to demand from customs authorities carrying out such actions, - prepare governmental draft law on introducing amendments to Paragraph 2 Article 325 of the Customs Code of Ukraine to explicitly state that law enforcement authorities are not entitled to demand from persons that are transferring goods, commercial transportation vehicles through customs border of Ukraine carrying out operations, foreseen in paragraph one of this article (i.e., loading, unloading, reloading, fixing damaged packaging, unpacking, packing, re-packing, weighting along with the determination of other substantial characteristics of goods subjected to customs clearance, including taking samples of such goods, replacement of identification signs or marks on such goods or packaging thereto, commercial transportation vehicles as well as replacement of commercial transportation vehicles). Yet, such powers of the fiscal authorities shall remain in the effective wording of this article

Ministry of Finance
Ministry of Justice

In process

To implement Clauses 15.3 - 15.9 of the European Union Customs Blueprints, - in particular, to create a central IPR unit as a center of operational expertise under the State Fiscal Service of Ukraine.

Ministry of Finance
State Tax Service of Ukraine

In process

To adopt a secondary legislative act (in the form of an order), which would establish the possibility and necessity (at least for the first two or three years while Authorized Economic Operator mechanism is being put into operation) to engage foreign specialists to train local personnel and actually conduct audits, required for granting Authorized Economic Operator status.

Ministry of Finance

In process

To ensure openness of data about average time required for release of goods, taking into account methodology contained in the "Time Release Study" document of the World Customs Organization. The relevant data can be regularly published at the official website of the SFS of Ukraine. Along with the publication of this data, an interactive survey of companies should be carried out in terms of such data’s authenticity/acknowledgement.

Ministry of Finance
State Tax Service of Ukraine

In process

To introduce a transparent system for evaluating the effectiveness of post-clearance audit of companies; based on which risk criteria for operations and/or enterprises should be continuously updated. The relevant statistics should be disclosed and provided on a regular basis (on quarterly and annual basis), according to the following indicators:i.the number of carried out audits; ii.total amounts of additionally imposed charges with a separate indication of the amount of so-called “agreed obligations”;iii.percentage correlation between the total number of inspections and audits where an additional charge was imposed in the amount exceeding certain indicator (this indicator may be set as a fixed UAH amount or as a percentage of the total amount of operations of the company that became the subject of an audit). The introduction of the relevant indicator will enable systemic assessment of post-clearance audit effectiveness, preventing small amounts from distorting overall figures;iv.percentage of audits (amongst the total number of inspections) where customs declarations were checked without physical examination of goods and/or seeking disclosure of additional documents and/or issuing decisions on classification of goods and/or adjustments of customs value;v.percentage of customs declarations whose clearance involved employing customs control measures in the form of physical inspection of goods and/or request for additional documents, making decisions regarding classification of goods and/or adjustments of customs value;vi.financial indicators demonstrating outcomes of customs control measures in the form of physical inspection of goods and/or request for additional documents, making decisions regarding classification of goods and/or adjustment of the customs value;vii.the number of cases launched for infringing customs rules;viii.the total amount of sanctions imposed to customs rules infringers following consideration of cases on infringement of customs rules;ix.percentage correlation between the total number of cases on customs rules infringement and cases where sanctions were imposed on infringers.

Ministry of Finance
State Tax Service of Ukraine

In process

In order to control the declared customs value, ensure functioning of the system of interaction between fiscal authority and a declarant, where all information exchange will be carried out in electronic form. It appears it might be achieved by introducing changes to the respective software of the State Fiscal Service of Ukraine.

Ministry of Finance
State Tax Service of Ukraine

In process

To ensure a gradual switch of customs value control from customs clearance to post-clearance audit stage, save when fiscal authority has reasonable doubts (to be justified by the respective criteria) about ability to collect amounts of additionally imposed charges in the future. For instance, use of risk-oriented system based on score-ranking method is advisable vis-à-vis entities incorporated shortly before customs clearance, where managers/owners have changed or have been brought to criminal or administrative liability. It appears that initially such a switch of control could be determined in methodological recommendations (letters) issued by the State Fiscal Service of Ukraine and/or the Ministry of Finance of Ukraine followed by introducing respective amendments to the Customs Code of Ukraine.

Ministry of Finance
State Tax Service of Ukraine

In process

To update software employed for communication between the State and declarants. Based on successful examples of other countries – to ensure functioning of a single, up-to-date online system that would maximize automation of relevant iterations, simplify declaring procedures and ensure transparency.

Ministry of Finance
State Tax Service of Ukraine

In process

Systemic report "Control over controllers: status of control bodies reform implementation"

To set clear deadlines for the alignment of regulations of the control bodies with the Law of Ukraine "On Basic Principles of the State Supervision (Control) in the Sphere of Economic Activity" and the CMU Resolution No.752 To propose amendments to legislation that would not allow the control bodies that have not implemented the risk-oriented approach to enter the information into the IAS and, accordingly, to conduct inspections;To enhance disciplinary liability for heads of control bodies for non-compliance with the law, in particular the failure to implement the risk-oriented approach;To ensure the development of checklists for each supervisory authority with issues which can be checked during scheduled inspections.

Cabinet of Ministers of Ukraine

In process

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

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
State Regulatory Service

In process

To ensure the population of the IAS with information and its full operation.

State Regulatory Service

In process

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
State Regulatory Service

In process

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
State Regulatory Service

In process

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
State Regulatory Service

In process

Systemic report "Combatting raidership: current state and recommendations"

To introduce the system of notification of owners of a legal entity or their representatives (by forwarding messages to e-mail and, as an additional administrative service, SMS-messages) of the receipt by the state registrars of the applications for registration actions in respect of such legal entity and/or its separate subdivision

Ministry of Justice

In process
— comments: Upon the results of the meeting of the Ministry of Justice, State Enterprise "NAIS" and the World Bank, starting from October, 2017, and as of today, the State Enterprise "NAIS" jointly with the representative of the technical cooperation project "Support to reforms in agriculture and land relations in Ukraine" of the World Bank take measures for introduction of this service (without involvement of commercial organizations in the process of rendering specified services) as regards notifying of pending changes with the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (corporate rights). In particular, the concept and task specification of the relevant software are currently being approved.

To introduce amendments to the Procedure for state registration of legal entities, physical persons entrepreneurs and public formations without legal entity status, as approved by the Order of the Ministry of Justice of Ukraine No.359/5, dated 9 February 2016, according to which: (1) the state registrars shall be obliged, when making changes in the USR in respect of ownership of corporate rights, to verify data of the SREMP to ascertain existence of registered encumbrances of such corporate rights; (2) in the presence of any encumbrances prohibiting the transfer of ownership of corporate rights - the respective registration actions shall be rejected on the basis of clause 5 of part one of Article 28 of Law No.755-IV.

Ministry of Justice

In process
— comments: Is being discussed in the Ministry of Justice.
To develop a single regulations, which would set forth the procedure for assigning postal addresses to immovable property in the territory of Ukraine and harmonization of the latter with the existing legislative provisions.

Ministry of Regional Development, Construction and Residential Services

In process
— comments: On 20 March 2018, the Council received a letter from the Ministry of Regional Development, Construction and Residential Services dated 02.03.2018. No.7/14-2227, according to which it prepared Draft Law "On Amendments to Certain Laws of Ukraine regarding Improvement of Urban Development" (dated 04.05.2016 No.4585), which governs the issue of assigning postal addresses to construction sites within and outside the settlements. However, by the letter of the Cabinet of Ministers of Ukraine dated 30.12.2017 No.7532/0/2-17, the said draft law No.4585 was withdrawn from VR. At present, suggestions for regulating the issue of determining the procedure for providing an address for a construction site are included in the draft laws "On Introducing Amendments to Certain Legislative Acts of Ukraine on Improving the Investment Climate in Ukraine" (No.6540 dated 06.06.2017) and "On Amendments to Certain Legislative acts of Ukraine in the sphere of urban development" (No.7085 dated 06.09.2017), which are included in the agenda of the seventh session of the VRU of the eighth convocation in accordance with the resolution of the VRU of No.2149-VIII dated 10 March 2017. On 22.03.2018 the draft law "On Amendments to Certain Legislative acts of Ukraine in the sphere of urban development" No.7085 dated 09.06.2017 was adopted in the first reading. At the moment, the draft law is being prepared for second reading.
To initiate changes in the Unified Registry of Notaries, which would allow for disclosure of information about the notaries whose access to state registries was blocked/cancelled.

Ministry of Justice

In process
— comments: The Deputy Minister of Justice has, on several occasions, confirmed the Ministry's intention to eventually implement such a recommendation.
To prepare an explanation (or introduce amendments to the relevant legislation) to properly specify the conditions (perhaps, depending upon severity of violation), whose occurrence might trigger cancellation of certificate affirming one's right to conduct notarial activity.

Ministry of Justice

In process
— comments: The Ministry of Justice is reportedly cooperating with the Notary Chamber of Ukraine on this matter.
To provide clarification that the provision of the applicants with scan copies of the documents on whose basis the registration actions have been taken should take place in the same manner as the provision of other information from the state registries To speed up work aimed at ensuring technical interaction between the State Registry of Real Rights Over Immovable Property and the Unified State Registry of Court Decisions. To prepare methodological guidelines for the state registrars regarding automatic enforcement of court decisions whose operative parts are ambiguous and/or vogue.

Ministry of Justice

In process
— comments: Is being discussed in the Ministry of Justice.
To introduce amendments to the Procedure for Carrying Out Notarial Actions by the Notaries of Ukraine, approved by the Order of the Ministry of Justice of Ukraine No.296/5, dated 22 February 2012, by supplementing it with a separate section about notarization of images of scanned documents, based on which the registration actions were made, on the PC screen (screenshots).

Ministry of Justice

In process
— comments: The process of developing amendments to the relevant regulatory acts in conjunction with introduction of the "electronic notary" is underway.
To develop and approve the Methodological Guidelines for Prosecutors in accordance with clause 9 of part 1 of Article 9 of the Law of Ukraine "On Prosecution", in order to ensure more uniform application of legislative acts of Ukraine when conducting the prosecutorial activities in the procedural management over the investigation of "raidership" crimes. Given that, in accordance with the applicable Criminal Procedural Code of Ukraine, the prosecutors, in the exercise of the procedural management, are empowered with procedural management over the progress of the pre-trial investigation, the Council believes that such Methodological Guidelines should help the prosecutors effectively coordinate the work of investigators in the investigation of intricate "raidership" schemes.

Prosecutor General’s Office of Ukraine

In process
— comments: As reported by the Deputy Prosecutor's General some time ago at the Meeting Of the Inter-Governmental Working Group aimed at Combatting Raidership, chaired by First Deputy Prime Minister of Ukraine.

To speed up work aimed at ensuring technical interaction between the State Registry of Real Rights Over Immovable Property and the Unified State Registry of Court Decisions.

State Judicial Administration

In process
— comments: Coordination of consultations between two technical administrators are still ongoing.
To strengthen the training capacity of the National Corruption Prevention Agency and the Ministry of Justice of Ukraine to raise awareness of companies about the international standards and their implementation by the private sector.

National Agency on Corruption Prevention

In process
— comments: The NACP Development Strategy for 2017-2020 and plans for its implementation, approved by the NACP decision dated 22.06.2017 No.234, provides for the annual studies on implementation of the assessment of corruption risks in the activities of legal entities. Thus, the NACP informs about carrying out 6 trainings for authorized persons responsible for implementation of anti-corruption programs of the state enterprises, which belong to the sphere of management of the relevant ministries.
To encourage the development of the network of partnership relations with business circles and non-for-profit organizations for collective counteraction of raidership risks. For example, in May 2017 the Council, with the support of the European Bank for Reconstruction and Development (EBRD) and the OECD, presented the Ukrainian Network of Integrity and Compliance.

Ministry of Justice
National Agency on Corruption Prevention

In process
— comments: Although according to Art. 11 of the Law of Ukraine "On Preventing Corruption", the counteraction to the risks of raidership does not fall under the authority of the NACP, as far as 2018 is concerned, the NACP, in conjunction with the "Transparency and Integrity of the Public Sector" project of the United Nations Development Program has scheduled 5 roundtables to discuss the issues that were raised by representatives of business community during implementation of the anti-corruption programs.