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ESR

2.2.6.1. Legislation establishes legal liability of officials who are administrators of government aid for violating the requirements of the Law of Ukraine On Government Aid to Business Entities by providing illegal and inadmissible government aid

Problem solving:

2.2.6. A significant number of administrators of government aid for business entities provide government aid that is illegal and has been recognized by the Antimonopoly Committee as inadmissible for competition, which has a negative impact on competition and may stem from prior corrupt arrangements.

Deadlines for all measures within ESR

01.01.2024 - 30.09.2024

Implementation of SACP measures within ESR

Total number of measures – 2

Partially implemented

Implementation of SACP measures within the scope of the Problem by main main performers

Antimonopoly Committee of Ukraine

100%

Summarized general information on Measures

№	Name of the measure	The main implementer	Co-implementors	Performance indicator	Monitoring results (latest)	Статус
1	2.2.6.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Law of Ukraine On Government Aid to Business Entities, which defines: 1) the kinds of liability of managers and other officers of the entities providing government aid for violating the requirements of the aforementioned Law, including the requirements with respect to the obligation to notify the relevant authority about the provision of new government aid, and liability for provision of government aid that is inadmissible in a competitive environment; 2) the obligation of the officials of the Antimonopoly Committee to report to the law enforcement agencies any detected punishable violations of the law committed by managers and other officials of entities providing government aid.	Antimonopoly Committee of Ukraine		The draft law has been submitted to the Parliament of Ukraine.	The measure was implemented on time, but partially	Partially implemented
2	2.2.6.1.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to amend the Code of Ukraine on Administrative Offenses, which defines: 1) the elements of violations of legislative requirements pertaining to government aid provided to business entities, including the requirements with respect to the obligation to notify the relevant authority about the provision of new government aid, and liability for provision of government aid that is inadmissible in a competitive environment; 2) sanctions for such violations.	Antimonopoly Committee of Ukraine		The draft law has been submitted to the Parliament of Ukraine.	The measure was implemented on time, but partially	Partially implemented

Indicators of achievement of ESR

Total number of indicators – 3

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 3

Summarized general information about Achievement Indicators

№	Indicators	Weight (%)
№	Indicators	Weight (%)	1	The law on amendments to the Law of Ukraine On Government Aid to Business Entities has taken effect, which defines: a) the kinds of liability applicable to managers and other officers of the entities providing government aid for violating the requirements of the aforementioned Law, including the requirements with respect to the obligation to notify the relevant authority about the provision of new government aid, and liability for provision of government aid that is inadmissible in a competitive environment (25 percent); b) the obligation of the officials of the Antimonopoly Committee to report to the law enforcement agencies any detected punishable violations of the law committed by managers and other officials of entities providing government aid (20 percent).	45%
2	The law on amendments to the legislation on administrative offenses has taken effect, which defines: a) the elements of violations of legislative requirements pertaining to government aid provided to business entities, including the requirements with respect to the obligation to notify the relevant authority about the provision of new government aid, and liability for provision of government aid that is inadmissible in a competitive environment (25 percent); b) sanctions for such violations (20 percent).	45%
3	the results of the expert survey have demonstrated that: a) more than 75 percent of specialists in the economy and business regulation sectors evaluate the quality of legal regulation implemented pursuant to subclauses 1 and 2 of clause 2.2.6.1 as high or very high (10 percent); b) more than 50 percent of specialists in the economy and business regulation sectors evaluate the quality of legal regulation implemented pursuant to subclauses 1 and 2 of clause 2.2.6.1 as high or very high (7 percent); c) more than 25 percent of specialists in the economy and business regulation sectors evaluate the quality of legal regulation implemented pursuant to subclauses 1 and 2 of clause 2.2.6.1 as high or very high (4 percent).	10%

ESR