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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 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 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"

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

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

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 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 "problems with cross-border trading in Ukraine"

To study the requirements for obtaining formal conclusions on the classification of scrap metal, such as the Green List of waste materials prepared by the Trade Ministry in cooperation with the Environment Ministry. Provided that it does not contradict the Basel Convention on the Control of Cross-border Transportation of Hazardous Wastes and their Disposal, abolish the requirement for exporters to arrange such a certificate.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process

To reduce direct contact with applicants and the number of documents that must be submitted to obtain permission for export-import. Streamline the application process in favour of using e-information in state databases instead of hard copy documents.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

In process