Law of Ukraine

"On Amendments to Certain Legislative Acts of Ukraine Regarding Increased Liability of Officials of Bodies of State Power and Local Self-Government"

Date of entry into force:
January 5, 2012

The Law supplements Article 41 of the Code of Labor Laws of Ukraine with a new part, according to which, the owner or the body authorized by it shall, at its own initiative, terminate the labor agreement with the official, in case of the latter's repeated violation of the requirements of legislation in the sphere of licensing, state regulatory policy, and in the issues of issuing permit documents, provided for by Articles 166-10 and 166-12 of the Code on Administrative Offences of Ukraine.

Amendments to Articles 166-3 of the Code on Administrative Offences of Ukraine envisage setting a fine for discrimination against entrepreneurs committed by bodies of power and governance, of up to UAH 850.

According to the Law, violation of legislation on licensing of certain types of economic activity shall result in imposition of fine on officials, from UAH 510 to 850 (amendments to Article 166-12 of the Code on Administrative Offences of Ukraine).

The Law supplements the Code on Administrative Offences of Ukraine with a new Article 188-41, which establishes administrative liability for failure of submit or late submission for state registration normative legal acts that are subject to state registration, enforceable introduction of normative legal acts that did not undergo state registration and were not published according to the procedure established by law, and enforceable forwarding of instructions or explanations in any form that establishes legal norms (fines imposed on heads of bodies whose normative legal acts are subject to state registration according to law, from UAH 510 to UAH 850).

The Law supplements Article 825 of the Code on Administrative Offences of Ukraine with a new part, according to which, a court resolution to impose administrative penalty for repeated violation of the requirements of legislation in the sphere of licensing and in the issues of issuing permit documents, provided for by Articles 166-10 and 166-12 of the Code on Administrative Offences of Ukraine, are forwarded to the respective body of state power or local self-government for decision according to law, within three days after the above resolution takes effect.

The new version of Article 41 of the Law of Ukraine "On the Principles of State Regulatory Policy in the Sphere of Economic Activity" envisages that heads of regulatory bodies, officials of regulatory bodies, heads of structural units of regulatory bodies, or officials of regulatory bodies charged with exercising certain authority regarding regulatory activity are liable for violating the requirements of legislation in the sphere of state regulatory policy according to the procedure established by law.

According to the Law, heads of licensing bodies, officials of these bodies that are, according to the legislation, authorized to make decisions in the issues of issuing permit documents, city heads of cities of regional subordinance and cities of republican subordinance in the Autonomous Republic of Crimea, heads of district state administrations, Kyiv and Sevastopol city district state administrations, and Kyiv and Sevastopol city state administration that provide for organizational, material and technical support of licensing offices and state administrators, as well as state administrators, shall be liable for violating the requirements of legislation on the licensing system in the sphere of economic activity according to the procedure established by law (new version of part 1, Article 10 of the Law of Ukraine "On the Permit System in the Field of Economic Activity").
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