Law of Ukraine

"On Amendments to Article 34 of the Law of Ukraine "On Principles of the State Regulatory Policy in the Sphere of Economic Activity"

Date of entry into force:
June 28, 2014

The Law of Ukraine "On Principles of the State Regulatory Policy in the Sphere of Economic Activity" determines the legal and organizational principles of implementing the state regulatory policy in the sphere of economic activity.

Article 34 of the Law of Ukraine "On Principles of the State Regulatory Policy in the Sphere of Economic Activity" determines the specifics of review of regulatory act drafts by the village, township, city, city district, district and regional councils.

According to Article 34, part 1 of the Law of Ukraine "On Principles of the State Regulatory Policy in the Sphere of Economic Activity", each draft of a regulatory act submitted for review to a village, township, city, city district, district or regional council is presented to the responsible permanent commission for analysis; the commission concludes whether the regulatory act draft corresponds to the requirements of Article 4, "Principles of State Regulatory Policy", and Article 8, "Preparation of Regulatory Impact Analysis", of the Law of Ukraine "On Principles of the State Regulatory Policy in the Sphere of Economic Activity".

The Law amends parts 2, 4, 6 and 7 of Article 34 of the Law of Ukraine "On Principles of the State Regulatory Policy in the Sphere of Economic Activity", establishing the following:
  • the responsible permanent commission provides for preparation of an expert opinion about the regulatory impact of the submitted regulatory act draft, which, together with the draft and the signed regulatory impact analysis, is submitted to the authorized body, which draws up proposals on improvement of the draft according to the principles of the state regulatory policy (hereinafter referred to as "proposals of the authorized body"), under a procedure established by the Cabinet of Ministers of Ukraine;
  • based on the regulatory impact analysis attached to the regulatory act draft when the latter is submitted for review at the session of an appropriate council, and based on the expert analysis about the draft's regulatory impact and the proposals of the authorized body, the responsible permanent commission prepares its conclusions as to whether the regulatory act drafts satisfies the requirements of Articles 4 and 8 of the Law of Ukraine "On Principles of State Regulatory Policy in the Sphere of Economic Activity". In cases determined by Article 33, part 2 of the Law of Ukraine "On Principles of State Regulatory Policy in the Sphere of Economic Activity", such conclusions are prepared on the basis of the expert opinion about the regulatory impact, and the proposals of the authorized body;
  • the conclusions of the responsible permanent commissions and the proposals of the authorized body are submitted for analysis to a permanent commission whose management sphere includes supporting the review of a regulatory act draft in an appropriate council, except in cases when the responsible permanent commission is the chief permanent commission;
  • when presenting the regulatory act draft at a plenary session of the council, the head of the responsible permanent commission reports the conclusions of such permanent commission as to whether the regulatory act draft satisfies the requirements of Article 4 and 8 of the Law of Ukraine "On Principles of State Regulatory Policy in the Sphere of Economic Activity", and presents the proposals of the authorized body together with the decision of the permanent commission as to whether they were taken into consideration.
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