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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 reconsider the approach to setting scrap metal export volumes to reflect industrial needs for scrap metal among iron and steel enterprises based on reliable statistical data for steel production in the previous year, projections for the current year and a detailed analysis of scrap metal consumption on the domestic market.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

Recommendation is no longer relevant
— comments: (carried out annually) In accordance with paragraph 2 of the second part of Article 13 of the Law of Ukraine “On the Scrap Metal” , the central executive authority, which implements the state industrial policy in the implementation of operations with scrap metal within its powers, carries out, with the involvement of other state and non-governmental organizations, the analysis of potential reserves and makes the annual balance of generation and consumption of scrap in Ukraine.

To distribute scrap metal volumes based on supply and demand in accordance with the number of applications for export quotas from domestic enterprises.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

Recommendation is no longer relevant
— comments: According to the Resolution of the Cabinet of Ministers of Ukraine "On approval of the lists of goods, the export and import of which is subject to licensing and quotas for 2019" of 27.12.2018, No.1136, no quotation and licensing of export (import) of scrap metal is foreseen.

To increase export levels whenever domestic iron and steel enterprises are fully supplied and excessive surpluses of scrap metal build up.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

Recommendation is no longer relevant
— comments: (carried out annually) In accordance with paragraph 2 of the second part of Article 13 of the Law of Ukraine “On the Scrap Metal” , the central executive authority, which implements the state industrial policy in the implementation of operations with scrap metal within its powers, carries out, with the involvement of other state and non-governmental organizations, the analysis of potential reserves and makes the annual balance of generation and consumption of scrap in Ukraine.

To prevent possible violations by unfair market players by no longer hand managing the business reputation of applicants; monitor international contracts by exchanging relevant information with the State Fiscal Service, including Customs.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

Recommendation is no longer relevant

As a short-term solution: To develop working mechanisms to immediately notify companies about special sanctions imposed against them. The mechanism of mediation should be foreseen prior to the application of special sanctions, which can include any explanations and/or objections regarding the alleged violations. To approve a clear minimum materiality threshold for failure to comply with Laws and Regulations on foreign trade activities and formalize this through an executive Order. To reduce the maximum timeframe for reviews of individual licensing applications to any rationale number of working days, reflecting the types of foreign trade activity. To delegate individual licensing responsibilities from the Ministry to its regional offices.

Ministry for Development of Economy, Trade and Agriculture of Ukraine

Recommendation is no longer relevant

To update the list of cases when the customs authorities may have concerns regarding the accuracy of declared customs value (DCV). In case the customs officer requires additional consultations regarding the customs value of goods, the information source has to be single and clear. In case the customs officer has doubts, he must justify causes of these doubts based on documental evidence.

State Tax Service of Ukraine

Recommendation is no longer relevant

To provide regular training for customs officers in order to improve their capacity for customs valuation. It is critical that Customs officials develop an in-depth understanding of the methods of goods valuation and be able to apply official recommendations and clarifications from the World Customs Organization.

State Tax Service of Ukraine

Recommendation is no longer relevant
— comments: Improvement of the qualification of SFS customs officers is carried out in accordance with the Guideline on professional development of the SFS officials (seminars, trainings, training courses, lectures, round tables, practical classes).

Systemic report "Getting access to electricity"

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

National Energy and Utilities Regulatory Commission

Recommendation is no longer relevant
— comments: The new market suggests that the use of electric power is possible in the presence of two contracts, namely, the agreement on the power distribution, concluded between the supplier and the operator of the distribution system, as well as the agreement on the power supply, concluded between the supplier and the customer (business).

To change the moment of signing the supply agreement based on whichever of the following takes place later: commissioning the outside power supply unit or the customer putting its facility into operation.

National Energy and Utilities Regulatory Commission

Recommendation is no longer relevant
— comments: Due to the effect of "unbundling" rules, the owner of the utility networks (i.e. oblenergo) may not necessarily be a "power supply organization".