Article 6 of the Law of Ukraine No. 1160-IV of 11 September 2003 “On the Principles of State Regulatory Policy in the Sphere of Economic Activity” (the “Law No. 1160”) provides that business entities and their associations have the right to submit comments and proposals regarding published draft regulatory acts and to participate in public discussions relating to regulatory policy.<\/p>\n\n\n\n
The first paragraph of Article 9 of Law No. 1160 states that every draft regulatory act shall be published for the purpose of obtaining comments and proposals from individuals, legal entities and their associations. Paragraph twelve of the same article further provides that all comments and proposals received within the prescribed period must be considered by the developer of the draft regulatory act. Following such consideration, the developer must either fully or partially take them into account or provide a reasoned explanation for rejecting them.<\/p>\n\n\n\n
However, the Law does not establish a procedure governing how the developer should review comments and proposals submitted in relation to a draft regulatory act and\/or its regulatory impact assessment.<\/p>\n\n\n\n
As a result, developers often disregard the requirement to provide reasoned explanations for rejecting comments and proposals. Consequently, businesses and industry associations have no means of knowing whether their submissions were considered at all or on what grounds they were rejected.<\/p>\n\n\n\n
To ensure compliance with one of the key principles of state regulatory policy set out in Article 4 of Law No. 1160\u2014namely transparency and consideration of public opinion\u2014the Association requested that the Ministry of Economy, Environment and Agriculture prepare draft amendments to Article 9 of the Law of Ukraine “On the Principles of State Regulatory Policy in the Sphere of Economic Activity.” The proposed amendments would establish a formal procedure for considering comments and proposals submitted in respect of draft regulatory acts and\/or their regulatory impact assessments, including requirements for providing reasoned explanations when such proposals are rejected, and submit the draft legislation for approval in accordance with the applicable legislative procedure.<\/p>\n\n\n\n
In its reply, the Ministry of Economy, Environment and Agriculture stated that it is currently preparing draft legislation aimed at improving the state regulatory policy framework in the sphere of economic activity. Accordingly, the Association’s proposals will be considered further during the preparation of that draft law.<\/p>\n\n\n\n
Photo source:<\/em> https:\/\/www.magnific.com\/<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" Article 6 of the Law of Ukraine No. 1160-IV of 11 September 2003 “On the Principles of State Regulatory Policy in the Sphere of Economic Activity” (the “Law No. 1160”) provides that business entities and their associations have the right to submit comments and proposals regarding published draft regulatory acts and to participate in public […]<\/p>\n","protected":false},"author":1,"featured_media":4636,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts\/5344"}],"collection":[{"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/comments?post=5344"}],"version-history":[{"count":1,"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts\/5344\/revisions"}],"predecessor-version":[{"id":5346,"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts\/5344\/revisions\/5346"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/media\/4636"}],"wp:attachment":[{"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/media?parent=5344"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/categories?post=5344"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.avnbmu.com.ua\/en\/wp-json\/wp\/v2\/tags?post=5344"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}