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.