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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 "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

To adopt amendments to the Customs Code to implement post-clearance control procedures. The main idea is to transfer control from the customs declaration stage to the stage after the release of goods for free circulation.

State Tax Service of Ukraine

In process
— comments: The CMU has submitted to the VRU the Draft Law "On amendments to the Customs Code of Ukraine (regarding certain issues of the implementation of Chapter 5 of Section IV of the Association Agreement between Ukraine, on the one hand, and the European Union, on the other hand"), registered on 29 December 2017, No.7473, which, in particular, provides for the introduction of a new form of control - post-clearance control.

To reload the post clearance control system in Ukraine and provide effective coordination, planning, implementation and execution of the procedure according to Arts. 345-354 of the Customs Code, put in place the appropriate database, audit schedule, tracking system, and so on.

State Tax Service of Ukraine

In process

To prepare and adopt a Law on compensation for damage caused by the unlawful actions of customs officials, to strengthen the role of administrative pre-trial settlement of disputes and prevent the abuse of power.

Cabinet of Ministers of Ukraine

In process
— comments: It is planned to implement the recommendation in a different way.

Systemic report "Getting access to electricity"

To improve the current practice of allotting land plots required for constructing and operating power networks through wider use of a land servitude mechanism: for land plots that are in communal ownership - not requiring a servitude agreement to involve a decision by vote during a session of the local council, but accepting as sufficient the signature of authorized officials, such as the mayor, the land department manager, and the council secretary, ensuring that general grounds for termination of land servitude agreement32 may, in certain cases, not apply to servitudes executed for the placement of electrical facilities.

Ministry of Energy and Coal Industry

In process
— comments: To date, the Parliament continues working on the Draft Law of Ukraine "On Amendments to the Land Code of Ukraine and Certain Legislative Acts of Ukraine regarding the Issuance of Rights to Land under Energy Sector", registered under the number 6255, dated 28 March 2017, seeking improvement of the current legislation in the field of establishment of the land servitude on energy lands. Current status: "30 March 2017 - Submitted for review":http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=61448

To hook up a customer’s power unit to power network pursuant to contract only (without filing a separate application).

Ministry of Regional Development, Construction and Residential Services

In process
— comments: In accordance with the Section 3 of the Code on Distribution Systems, the DSO/oblenergo implements long-term planning for the development of the distribution system, including conducting all the necessary researches and assessments/forecasts. For this purpose, the DSO develops a DSO Development Plan, which is to be submitted for approval to the Regulator in accordance with this Code.The DSO Development Plan is a document that contains the planned items of new construction, reconstruction and technical re-equipment of the distribution system for the next 5 calendar years, with the definition of the required amount of investment and the timing for the implementation of the relevant measures.Therefore, we assume that the electrification of a certain territory may be included to the DSO development plan.

To streamline tender procedures conducted by natural monopolies through wider use of framework contracts.

National Energy and Utilities Regulatory Commission

In process
— comments: According to the information, received from the Ministry of Economy on 22 January 2019, in pursuance of Article 13 of the Law "On Public Procurement" - according to which the peculiarities of the conclusion and implementation of framework agreements are determined by the Authorized Agency, - the Ministry of Economy approved Order No.1372 of 15 September 2017 "On Approval of the Procedure for Concluding and Implementing Framework Agreements". The Council also received assurances that the administrator of the electronic procurement system carried out a technical implementation of the functional, which allows customers to procure procurement under framework agreements in accordance with the above Procedure.