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 "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 |
In process
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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 |
In process
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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.
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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.
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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.
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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.
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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.
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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 |
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.
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Systemic report "Challenges for government and business in dealing with local government" |
To draft amendments to the Law of Ukraine "On protecting the atmosphere" to ensure that a list and document requirements for commercial entities seeking a stationary plant emissions permit are established in a special law. Ministry of Justice |
In process
— comments:
The Ministry of Ecology and Natural Resources informed that the recommendation was taken into account by the MEDT. The Draft Law is aimed at improving procedures for issuing permits and establishing basic requirements in respective laws regulating issuance of permits, determined by the Laws of Ukraine "On Administrative Services" and "On Permit System in the Sphere of Economic Activities".
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To draft amendments to Arts. 53-5 of the Code of Administrative Violations to increase the liability of government officials in proportion to the severity of their breaches, such as ignoring deadlines, both for approving land development documentation and for reviewing applications for permits to draw up land development plans. Ministry of Justice |
In process
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To ensure the adoption of changes to CMU Resolution No.284 dated 19 April 1993, to establish: a clear and thorough list of circumstances for compensating damages to land owners and users; a regulated procedure for reviewing requests to establish the extent of damages; timeframes for reviewing requests to establish damages and making the necessary decision. Ministry of Justice |
In process
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