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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 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

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

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 "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
Ministry of Environment and Natural Resources
State Regulatory Service

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".

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
Ministry of Agricultural Policy and Food
State Regulatory Service

In process

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
Ministry of Environment and Natural Resources
Ministry of Agricultural Policy and Food
State Regulatory Service

In process