Law of Ukraine

“On Amendment of Certain Legislative Acts of Ukraine to Eliminate Restrictions in Commercial Activity”

Date of entry into force:
June 27, 2013

Amended part 2, Article 18 of the Code of Administrative Proceedings of Ukraine envisages that district administrative courts also have jurisdiction over administrative cases to confirm the substantiated use of response measures applied by power entities in the course of state supervision (oversight) in the sphere of commercial activity.

The Law supplements the Code of Administrative Proceedings of Ukraine with a new article 183-6, which determines the specifics of proceedings in cases to confirm the substantiated use of response measures applied by power entities in the course of state supervision (oversight) in the sphere of commercial activity.

The Law amends Article 17 of the Code of Civil Protection of Ukraine to clarify the authority of the central executive authority that provides for creation and implements state policy in the sphere of civil protection.

The authority of the Civil Protection Response and Rescue Service includes, among others, providing emergency rescue services under a contract at high-risk sites and separate territories owned, held or used by business entities, where a risk of emergencies is present; the list of such sites and territories is determined by the Cabinet of Ministers of Ukraine (amended part 5, Article 24 of the Code of Civil Protection of Ukraine).

The Law excludes part 3, Article 31 of the Code of Civil Protection of Ukraine, according to which heads of business entities that operate potentially hazardous sites and high-risk sites must systematically and promptly disclose information about such sites in official printed media, on official websites, informational stands, and by any other acceptable means.

According to the new version of part 6, Article 34 of the Code of Civil Protection of Ukraine, construction principals receive initial input data free of charge from the central executive authority that provides for creation and implements state policy in the sphere of civil protection, according to the procedure determined by the Law of Ukraine “On Regulation of Urban Construction Activity”.

The new version of Article 45 of the Code of Civil Protection of Ukraine envisages that the following are subject to expert analysis in the sphere of civil protection, in cases provided for by the law:
  • projects of urban construction documents, in the part of adherence to the requirements of the legislation in the issues of technogenic and fire safety;
  • construction projects, in the part of adherence to the requirements of normative legal acts in the issues of technogenic, fire, nuclear and radiation safety, durability, reliability and necessary useful life.
Expert analysis of urban construction documents and construction projects is carried out according to the Law of Ukraine “On Regulation of Urban Construction Activity”.

The Law amends Article 57 of the Code of Civil Protection of Ukraine to clarify the procedure of adhering to the fire safety requirements during design, construction and restoration of industrial and other sites.

The Law amends Article 67 of the Code of Civil Protection of Ukraine, according to which the authority of the central executive authority that carries out state supervision in the sphere of technogenic and fire safety includes, among others:
  • controlling the adherence to the requirements of technogenic and fire safety during construction of buildings and structures, except for construction objects of complexity category levels I and II, where the area does not exceed 300 square meters (except in-build structures), and except individual (allotment) residential houses, garden and weekend cottages, household outbuildings and structures, and individual garages;
  • licensing of commercial activity related to providing services and works related to fire safety, according to the law.

According to the amended part 4, Article 4 of the Law of Ukraine “On the Main Principles of State Supervision (Oversight) in the Area of Commercial Activity”, complete or partial suspending of manufacture (production) or sale of products, performance of work and provision of services is allowed by resolution of an administrative court, approved after reviewing a claim of a body of state supervision (oversight) requesting response measures. Other response measures provided for by the law can be used based on a motivated written resolution of the head of the body of state supervision (oversight) or their deputy, and in cases provided for by the law, with subsequent confirmation by an administrative court that such measures were substantiated. If the law provides that the substantiated use of response measures by a body of state supervision (oversight) must be confirmed by the court, the body of state supervision (oversight) addresses an administrative court with an administrative claim, no later than the working day following the day of issue (approval) of the respective executive document. Response measures that must be substantiated by an administrative court are not applied, and the respective executive document is subject to immediate withdrawal by the body of state supervision (oversight) if:
  • the body of state supervision (oversight) failed to address an administrative court with an appropriate claim within the term specified by the Law of Ukraine “On the Main Principles of State Supervision (Oversight) in the Area of Commercial Activity”
  • the claim application was returned to the body of state supervision (oversight) by an effective ruling of the administrative court;
  • the administrative court approved an effective resolution refusing to confirm substantiated use of response measures by the body of state supervision (oversight), or an effective resolution stating that there are no grounds to use such measures, and such resolution has taken legal effect;
  • within 30 working days after the issue (approval) of the respective executive document on the use of response measures, their substantiated use is not confirmed by an effective resolution of an administrative court.
Response measures used by an administrative court based on a claim of a body of state supervision (oversight) and measures used by a body of state supervision (oversight) and substantiated by an administrative court are lifted by an administrative court, according to the procedure established by procedural law.

The Law also amends Article 7 of the Law of Ukraine “On the Main Principles of State Supervision (Oversight) in the Area of Commercial Activity”, which establish the following:
  • based on the protocol drawn up based on the results of measures used, in the course of which violations of the legislation were discovered, the body of state supervision (oversight) shall address an administrative court with a claim requesting complete or partial suspending of manufacture (production) or sale of products, performance of work and provision of services, if there are grounds for such. If other response measures must be used, the body of state supervision (oversight), within 5 working days of applying the original measures of state supervision (oversight) draws up an instruction, order or another executive document requiring elimination of the violations discovered during the measures, and, in cases provided for by the law, also addresses an administrative court with a claim requesting substantiation of response measures to be applied to the business entity according to the respective executive document, in the procedure and timeframe provided for by the law;
  • if, according to the law, an administrative court must substantiate the response measures provided for by executive documents requiring elimination of violations discovered during the measures of state supervision (oversight), the required times for elimination of violations and the application of sanctions stated in such documents are calculated from the day on which the resolution of an administrative court substantiating the response measures takes effect.
Внимание! Информация устарела из-за того, что этот раздел временно не обновляется!


вверх