As to Certain Legislative Acts of Ukraine on elimination of restrictions on economic activities
Employers' Federation Kyiv inform you that May 16, 2013 Parliament adopts the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on elimination of restrictions on economic activities."
Among the changes proposed by the bill, amendments to the Code of Administrative Procedure of Ukraine, along with Bill procedure already instituted mandatory judicial review of the cases of interference regulatory authorities in various spheres of business entrepreneurs are invited to set verification mechanism District Administrative Court filed by regulatory authorities validity of such regulatory authorities decisions about taking measures to respond during state supervision (control) of economic activity.
Such a claim will be submitted simultaneously with the adoption of restrictive supervisory authority decisions.
However, analysis of the bill suggests that the law will not have the expected effect of deregulation.
Yes, there is a risk that evidence the court making restrictive regulatory authorities may acquire formalities, especially given the burden on the courts. Today, according to the National Register of supervisory bodies 44 regulatory authorities may terminate, suspend or restrict the activities of the company. In this case, the entity receiving the decision to confirm the legality of restrictive supervisory authority issued a decision in the future will not have a chance to get a decision in his favor at the appeal decision on the termination, suspension or restriction of the enterprise.
In addition, the bill does not regulate the issue of renovation of the company without further judgment and not defined entity (court or the supervisor) that provides permission for further recovery of the enterprise. Thus, the court order does not contain provisions on the conditions for the resumption of the company after the elimination of the circumstances giving rise to the adoption of restrictive measures that require additional treatment of the entity to the court in order to restore the company.
In this regard, please rate law given in terms of usefulness for businesses and make suggestions for further legal regulation bill.
Given that legislative proposals should be submitted within 14 days of the adoption of a basis, requests for proposals until May 27 e-mail: benzler@ubg.ua
To download the application, please click the link ...
Among the changes proposed by the bill, amendments to the Code of Administrative Procedure of Ukraine, along with Bill procedure already instituted mandatory judicial review of the cases of interference regulatory authorities in various spheres of business entrepreneurs are invited to set verification mechanism District Administrative Court filed by regulatory authorities validity of such regulatory authorities decisions about taking measures to respond during state supervision (control) of economic activity.
Such a claim will be submitted simultaneously with the adoption of restrictive supervisory authority decisions.
However, analysis of the bill suggests that the law will not have the expected effect of deregulation.
Yes, there is a risk that evidence the court making restrictive regulatory authorities may acquire formalities, especially given the burden on the courts. Today, according to the National Register of supervisory bodies 44 regulatory authorities may terminate, suspend or restrict the activities of the company. In this case, the entity receiving the decision to confirm the legality of restrictive supervisory authority issued a decision in the future will not have a chance to get a decision in his favor at the appeal decision on the termination, suspension or restriction of the enterprise.
In addition, the bill does not regulate the issue of renovation of the company without further judgment and not defined entity (court or the supervisor) that provides permission for further recovery of the enterprise. Thus, the court order does not contain provisions on the conditions for the resumption of the company after the elimination of the circumstances giving rise to the adoption of restrictive measures that require additional treatment of the entity to the court in order to restore the company.
In this regard, please rate law given in terms of usefulness for businesses and make suggestions for further legal regulation bill.
Given that legislative proposals should be submitted within 14 days of the adoption of a basis, requests for proposals until May 27 e-mail: benzler@ubg.ua
To download the application, please click the link ...
| Written by: Þëèÿ Áåíöëåð 1 2013.05.22 | | Rating |