Ombudsman for the protection of Ukrainian entrepreneurs
05 October 2020, 11:37
We have #AtThe CommitteeConsideration the draft law No. 3607, which
proposes to legislate the functions of the business ombudsman in
Ukraine.
More than 30 authors, representing various political forces worked on this draft.
According to the authors of the draft, the business ombudsman should protect small and medium-sized businesses, help those entrepreneurs who have been affected by unfair behaviour, protect their right to freedom of entrepreneurial activity and protect them from undue interference in their economic activities.
Draft No. 3607 defines the legal basis for the establishment and operation of the Business Ombudsman Institution, the directions of its activity, as well as the principles of the business ombudsman's relationship with enterprises, institutions, organizations, individual entrepreneurs and public authorities, including the Prosecutor's Office.
The status, powers and responsibilities of the business ombudsman in the drat are formulated as follows:
- the business ombudsman will have the right to access acts and other documents of the Cabinet of Ministers, subordinate bodies, enterprises, institutions and organizations;
- The Cabinet of Ministers of Ukraine will be obliged to provide answers to the inquiries of the business ombudsman. The response to the business ombudsman's request is signed by the Prime Minister of Ukraine.
- The Cabinet of Ministers will be obliged to take appropriate measures within its competence to eliminate violations of the rights of entrepreneurs and inform the business ombudsman;
- the business ombudsman will be able to take part in the meetings of the Cabinet of Ministers of Ukraine, government committees, committees of the Verkhovna Rada;
- withholding, providing inaccurate or incomplete information to the business ombudsman or providing information in violation of the term will be punished by a fine of one hundred to two hundred non-taxable minimums;
- unlawful influence in any form on a business ombudsman or his deputy in order to prevent them from performing their official duties will be punished by a fine of one hundred to two hundred non-taxable minimums or correctional labor for up to two years, or arrest for up to six months, or jail for up to three years.
In case of unlawful actions of the business ombudsman and his deputy, the Prosecutor General or the Deputy Prosecutor General - the head of the Specialized Anti-Corruption Prosecutor's Office shall notify them of the suspicion.
The authors of the draft assure that its adoption will allow for more transparent work of public authorities, as well as entrepreneurs in their sphere of management, and in general — will improve the conditions for business in Ukraine.
More than 30 authors, representing various political forces worked on this draft.
According to the authors of the draft, the business ombudsman should protect small and medium-sized businesses, help those entrepreneurs who have been affected by unfair behaviour, protect their right to freedom of entrepreneurial activity and protect them from undue interference in their economic activities.
Draft No. 3607 defines the legal basis for the establishment and operation of the Business Ombudsman Institution, the directions of its activity, as well as the principles of the business ombudsman's relationship with enterprises, institutions, organizations, individual entrepreneurs and public authorities, including the Prosecutor's Office.
The status, powers and responsibilities of the business ombudsman in the drat are formulated as follows:
- the business ombudsman will have the right to access acts and other documents of the Cabinet of Ministers, subordinate bodies, enterprises, institutions and organizations;
- The Cabinet of Ministers of Ukraine will be obliged to provide answers to the inquiries of the business ombudsman. The response to the business ombudsman's request is signed by the Prime Minister of Ukraine.
- The Cabinet of Ministers will be obliged to take appropriate measures within its competence to eliminate violations of the rights of entrepreneurs and inform the business ombudsman;
- the business ombudsman will be able to take part in the meetings of the Cabinet of Ministers of Ukraine, government committees, committees of the Verkhovna Rada;
- withholding, providing inaccurate or incomplete information to the business ombudsman or providing information in violation of the term will be punished by a fine of one hundred to two hundred non-taxable minimums;
- unlawful influence in any form on a business ombudsman or his deputy in order to prevent them from performing their official duties will be punished by a fine of one hundred to two hundred non-taxable minimums or correctional labor for up to two years, or arrest for up to six months, or jail for up to three years.
In case of unlawful actions of the business ombudsman and his deputy, the Prosecutor General or the Deputy Prosecutor General - the head of the Specialized Anti-Corruption Prosecutor's Office shall notify them of the suspicion.
The authors of the draft assure that its adoption will allow for more transparent work of public authorities, as well as entrepreneurs in their sphere of management, and in general — will improve the conditions for business in Ukraine.