Problem

The problem of unfair and selective application of mandatory rules to business entities is caused by the incomplete transition to a preventive and risk-oriented system of state supervision (control), excessive discretion on the part of executive authorities and local self-government bodies in granting access to a limited public resource, lack of effective tools for business entities to verify information about contracting parties, lack of full access to data on a limited public resource.
The incomplete process of transition from a punitive and repressive system of state supervision (control) to a preventive and risk-oriented system is due to ineffective legislative regulation, the fact that every agency defines its own performance indicators, which are often discriminatory to businesses and foster corruption risks, and the lack of an effective tool for identifying and calculating risks.
In matters of access to a limited public resource, excessive discretion on the part of executive authorities and local self-government bodies does not ensure equal access of business entities to natural resources. In addition, in many sectors, information about natural resources is classified, as no inventory of natural resources (particularly aquatic bioresources and forest resources) has been conducted. The lack of information at the disposal of the relevant government agencies about the available limited public resources and those that have been leased, their quantity and quality, failure to apply appropriate regulatory instruments leads to chaotic allocation of limited public resources for use, non-transparent use of natural resources, while selective application of rules to businesses leads to the fact that the full potential of limited public resources is not used, and the resources in use are not always used rationally and sparingly.
There are also problems associated with formally justified but selective audits of business entities. Such audits are often triggered by doing business with "suspicious" contracting parties. The problem of the lack of access to open data from registers and services, access to which is restricted due to the institution of martial law in Ukraine, needs to be addressed.