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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 take organizational steps to ensure mandatory and prompt execution of court decisions by the subordinates and to bring them to disciplinary liability in case of delays.

State Tax Service of Ukraine
State Customs Service

Not started

Legally limit the period of investigators to keep original documents and other property seized during a search, not containing any trace of a crime, and also limit the period of criminalistic examinations within criminal proceedings.

Verkhovna Rada of Ukraine

Not started

As regards the supervision (control) of employers’ compliance with the labor legislation — to take steps aimed at careful harmonization of the procedure, grounds, methods and forms of inspections, powers of the corresponding authorities, particularly with the ILO Conventions and requirements of the Law No. 877.

Cabinet of Ministers of Ukraine
Other CEBs

Not started

Since the progress tracking of the tasks related to SMEs’ export promotion and their internationalization is not provided in the SME Strategy, whereas clear quantitative and qualitative indicators namely of SMEs’ export activities are not provided in the Export Strategy, the BOC finds it necessary to recommend the MinEconomy, when determining further steps aimed at developing exports, to provide indicators that would allow monitoring changes specifically for SMEs and, when analyzing statistical data, to separate the influence of implemented tasks from the indicators of large enterprises.

Cabinet of Ministers of Ukraine
Ministry for Development of Economy, Trade and Agriculture of Ukraine

Not started

To provide quality information and training materials on access to finance and general financial literacy, including preparing SMEs for obtaining bank financing and preparing loan applications. Make this resource widely known to the target audience.

The SME Development Office

Not started

Systemic report "Business focus on labor-related issues"

To publish information on practical application of the Criteria for assessing a risk degree from conducting business activities on its web-site after approval by the CMU.

State Labor Service

Not started

To develop and to enforce an electronic database that enables applicants to retrieve information about a status of requests/applications consideration lodged with the SLS as well as to release information from the registers administered by the SLS in an accessible and searchable form.

State Labor Service

Not started

Systemic report "Main problems faced by business in customs sphere"

To prepare governmental Draft Law of Ukraine introducing amendments to Chapter 11 "Liability" of Section II “Administering Taxes, Duties, Payments" of the Tax Code of Ukraine and Chapter 67 "General Provisions on Customs Offence and Liability for Them" of Section XVIII “Customs Offence and Liability” of the Customs Code of Ukraine to eliminate the possibility of bringing individuals to liability if assignment of incorrect Ukrainian Classification of Goods for Foreign Economic Activity code resulted from actions conducted in good faith.

Ministry of Finance

Not started

To prepare text of the governmental Draft Law of Ukraine on introducing amendments to Sections XVIII “Customs Offences and Liability" and XIX "Customs Offence Proceedings" of the CCU (or setting forth these sections in the new wording) aimed at ensuring balance, commensurability and fairness of liability for customs infringements, taking into account best practices employed in the EU, in particular, Proposal for a Directive No. 2013/0432/COD (draft). In particular, such Draft Law should provide for/contain:

a)    financial liability for legal entities that infringed customs rules during their business activity, - to be introduced as an alternative to administrative liability of their officials (or with a significant softening of the latter); 

b)    reference to a specific form of guilt (intention or negligence) as a mandatory element of each administrative offence; 

c)    sufficiently specified list of aggravating and attenuating circumstances (including, inter alia, status of Empowered economic operator; level of cooperation with the customs authority demonstrated in course of customs infringement’s investigation, etc.);

d)    lower and upper liability thresholds (in the form of the amounts of fines) for each article to make it possible to vary amount of fines depending on the circumstances of the case; 

e)    amounts of fines for infringing customs rules (which are established depending on the value of goods) to be brought in line with the indicative figures, specified in the Proposal for a Directive No. 2013/0432/COD (draft).

Ministry of Finance
State Tax Service of Ukraine

Not started

Systemic report "Combatting raidership: current state and recommendations"

To ensure generalization of the existing practice of the investigation of "raidership" crimes, on which basis develop and approve the Methodological Guidelines on the investigation of the most typical cases of raidership in accordance with the Instruction on the organization of the activities of the pre-trial investigation bodies of the Ministry of Internal Affairs of Ukraine, jointly with the Ministry of Justice of Ukraine, the National Police of Ukraine, the representatives of the judicial authorities and law enforcement self-governance bodies, specialized non-governmental organizations, as well as with participation of the Council.

The Main Investigation Department of the National Police

Not started
To prepare methodological guidelines for the state registrars regarding automatic enforcement of court decisions whose operative parts are ambiguous and/or vague.

Ministry of Justice

Not started

Systemic report "Challenges and problems in the sphere of competition protection and oversight"

To expressly provide that if an applicant were to withdraw its' application in a case on abuse of monopolistic (dominant) position, this shall not constitute the substantial ground for the AMCU to exercise its' procedural discretion to terminate consideration of a case. Hence, the respective amendments are proposed to be introduced to the Rules of Consideration of Applications on Violation of Competition Legislation. In the Council's view, it should allow minimizing the risk of possible pressure inflicted on an applicant by an undertakings occupying monopolistic (dominant) market position in whose relation the respective case has been launched.

Antimonopoly Committee of Ukraine

Not started
— comments: Currently the AMCU does not uphold the BOC's recommendation.

Systemic report "Abuse of powers by the law enforcement authorities in their relations with business"

To develop methodological recommendations and explanations for the persons lodging applications or notices about committed criminal offence. Among other things, such guidelines shall emphasize on the need to comprehensively and accurately describe circumstances of the committed criminal offence as well as give proper legal qualification of the committed crime (i.e., refer to the particular corpus delicti in the CCU and specify place, time, persons and other factual circumstances related to a particular crime).

Prosecutor General’s Office of Ukraine

Not started
To amend Article 214 of the CPCU to impose a duty on investigator/prosecutor to explain to an applicant his/her right to seek court protection by lodging lawsuit challenging investigator's inactivity in case of the latter's failure to register data with the URPTI, as foreseen by Article 303 of the CPCU

Verkhovna Rada of Ukraine

Not started
To restrict the time duration of temporary access to documents (seizure) that do not themselves contain signs of a crime by 3 months. To avoid the risk of abuse (whereby seizure of the originals of documents is used to inflict pressure on business), it is important to ensure that length of time, while the originals of documents could be seized by investigation authorities, should not directly depend upon the duration of pre-trial investigation. To attain this goal, Chapter 15 of the CPCU shall be amended to establish maximum time limits while investigation authorities are entitled to have access to the originals of such documents.

Verkhovna Rada of Ukraine

Not started
To amend Articles 168, 169, 236 and 237 of the CPCU to oblige public prosecutor to verify whether seizure of objects and documents made by investigator was legal and to inform the person, whose property objects have been seized, accordingly - to be complied within 24 hours from the moment when assets and documents has been seized by the investigator.

Verkhovna Rada of Ukraine

Not started