Feedback from the public

ESR

2.2.7.1. Effective mechanisms have been introduced at the legislative level to control the impact on competition in connection with possible anticompetitive activity in sectors of the economy

Problem solving:

2.2.7. The ineffective mechanism of preliminary inspection and assessment of the impact on competition during the establishment and operation of business entities causes a negative impact on competition.

Deadlines for all measures within ESR

01.01.2024 - 30.09.2024

Implementation of SACP measures within ESR

Total number of measures – 1

Not implemented

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

National Agency on Corruption Prevention

Summarized general information on Measures

№	Name of the measure	The main implementer	Co-implementors	Performance indicator	Monitoring results (latest)	Статус
1	2.2.7.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law stipulating that: 1) the Antimonopoly Committee shall establish the procedure and time frame for approval of drafts of normative legal acts and other decisions of government agencies, local self-government bodies, agencies exercising administrative and economic management and control, which can potentially affect competition, particularly those relating to the creation of business entities, instituting or modifying the rules of their market behavior, or those that could potentially cause prevention, elimination, restriction, or distortion of competition in the relevant markets; 2) the list of documents to be submitted by the applicant for state registration of a legal entity shall also include the document proving that the agency of the Antimonopoly Committee has approved the draft decision of the government agency or local self-government body to establish the business entity; 3) the absence of the document proving that the agency of the Antimonopoly Committee has approved the draft decision of the government agency or local self-government body to establish the business entity shall be grounds to deny state registration of the legal entity.	National Agency on Corruption Prevention	Антимонопольний комітет України	The draft law has been submitted to the Parliament of Ukraine.	The measure has not been implemented	Not implemented

Indicators of achievement of ESR

Total number of indicators – 2

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 2

Summarized general information about Achievement Indicators

№	Indicators	Weight (%)
№	Indicators	Weight (%)	1	A law has taken effect, which stipulates that: a) the Antimonopoly Committee shall establish the procedure and time frame for approval of drafts of normative legal acts and other decisions of government agencies, local self-government bodies, agencies exercising administrative and economic management and control, which can potentially affect competition, particularly those relating to the creation of business entities, instituting or modifying the rules of their market behavior, or those that could potentially cause prevention, elimination, restriction, or distortion of competition in the relevant markets (30 percent); b) the list of documents to be submitted by the applicant for state registration of a legal entity shall also include the document proving that the agency of the Antimonopoly Committee has approved the draft decision of the government agency or local self-government body to establish the business entity (30 percent); c) the absence of the document proving that the agency of the Antimonopoly Committee has approved the draft decision of the government agency or local self-government body to establish the business entity shall be grounds to deny state registration of the legal entity (30 percent).	90%
2	the results of the expert survey have demonstrated that: a) more than 75 percent of experts on the regulation of the economy and business evaluate the quality of legal regulation implemented pursuant to subclause 1 of clause 2.2.7.1 as high or very high (10 percent); b) more than 50 percent of experts on the regulation of the economy and business evaluate the quality of legal regulation implemented pursuant to subclause 1 of clause 2.2.7.1 as high or very high (6 percent); c) more than 25 percent of specialists in the economy and business regulation sectors evaluate the quality of legal regulation implemented pursuant to subclause 1 of clause 2.2.7.1 as high or very high (3 percent).	10%

ESR