Problem

2.2.3. Excessive and unjustified regulatory burden on businesses, which contributes to a high level of corruption in this sector

General information about the problem

The excessive regulatory burden on business entities, which significantly complicates the process of their establishment and conduct of business and fosters a number of corruption risks, is caused by the presence of a large number of instruments regulating access to markets. This problem is caused by the inability to start common types of business online in accordance with the principle of life situations, duplication of information provided by a business entity in different types of reports, and the lack of effective channels of cooperation between state authorities and the Council of the Business Ombudsperson aimed at implementing systemic recommendations provided by the Council.
The existence of a large number of instruments regulating access to markets is caused by the lack of interaction in matters of deregulation between government agencies and representatives of the business environment. In addition, the lack of interconnectedness of market access instruments, which in turn leads to an excessive administrative burden on businesses, is caused by the absence of a single legislatively enshrined doctrine at the state level that would regulate an integrated (holistic) permit issuance system and its instruments, as well as an effective systematic review of existing regulatory acts, in particular by local self-government bodies and officials.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 7
All measures of the SACP
measures, the implementation of which as of 31.03.2024
is about to begin to be completed
4 1 5 5 11
26
Implemented Partially implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 5 (19.2%)

Deadlines for all measures

01.03.2023 - 31.12.2025

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

State Regulatory Service of Ukraine

0%
12

Ministry of Digital Transformation of Ukraine

28.6%
7

Ministry of Economy of Ukraine

40%
5

Business Ombudsman's Council

50%
2

Achievement of ESR within the limits of the Problem

The total number of OSR – 7

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.2.3.1 An analytical module for assessing the regulatory burden on various types of business and the effectiveness of regulatory acts in the relevant sectors has been introduced as a tool for reducing the cost of compliance with legal requirements in the course of business operations; appropriate approaches to monitoring the total number of regulations have been identified 2.2.3.1.1. Developing a module for assessing the regulatory burden on various types of business State Regulatory Service of Ukraine The measure has not been implemented Not implemented
0% 0/ 4
1.2. 2.2.3.1.2. Putting into operation the module for assessing the regulatory burden on various types of business State Regulatory Service of Ukraine Not started
1.3. 2.2.3.1.3. Developing the “Regulatory Dashboard” IT tool State Regulatory Service of Ukraine Not started
1.4. 2.2.3.1.4. Publicizing the “Regulatory Dashboard” IT tool State Regulatory Service of Ukraine Not started
2.1. ESR 2.2.3.2 A public dialog with the business community on deregulation has been established 2.2.3.2.1. Developing the Regulatory Portal module to support interaction among the business community, the public, the State Regulatory Service, and other government agencies in matters relating to normative legal acts and deregulation State Regulatory Service of Ukraine The measure has not been implemented Not implemented
0% 0/ 4
2.2. 2.2.3.2.2. Putting into operation the Regulatory Portal module to support interaction among the business community, the public, the State Regulatory Service, and other government agencies in matters relating to normative legal acts and deregulation State Regulatory Service of Ukraine The measure has not been implemented Not implemented
2.3. 2.2.3.2.3. Analyzing and consolidating proposals from the business community and the public for the action plan to deregulate business activities through the interaction module of the Regulatory Portal IT system State Regulatory Service of Ukraine The measure has not been implemented Not implemented
2.4. 2.2.3.2.4. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft directive of the Cabinet of Ministers of Ukraine on approval of the action plan to deregulate business activities State Regulatory Service of Ukraine Not started
3.1. ESR 2.2.3.3 The process of starting the most widespread kinds of business online according to the principle of life situations has been established and streamlined 2.2.3.3.1. Compiling the list of the most widespread kinds of business to subsequently allow creating them online via the Unified State Web Portal for Electronic Services Ministry of Digital Transformation of Ukraine The measure was not implemented on time and in full Implemented
200% 10/ 5
3.2. 2.2.3.3.2. Implementing the first stage of development of the comprehensive service of starting a business on the Unified State Web Portal for Electronic Services Ministry of Digital Transformation of Ukraine The measure was implemented on time and in full Implemented
3.3. 2.2.3.3.3. Implementing the second stage of development of the comprehensive service of starting a business on the Unified State Web Portal for Electronic Services Ministry of Digital Transformation of Ukraine Implementation of the measure has started on time In progress
3.4. 2.2.3.3.4. Implementing the third stage of development of the comprehensive service of starting a business on the Unified State Web Portal for Electronic Services Ministry of Digital Transformation of Ukraine Not started
3.5. 2.2.3.3.5. Putting into operation the comprehensive service of starting a business on the Unified State Web Portal for Electronic Services Ministry of Digital Transformation of Ukraine Not started
4.1. ESR 2.2.3.4 The new Unified Integrated Market Access Permission System has been introduced; it will replace numerous existing procedures, establish simplified rules, and digitize cases of business registration 2.2.3.4.1. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated August 11, 2021, No. 895 On Implementation of the Pilot Project to Implement the First Stage of the Unified State Electronic System of Permits (to extend the timeframe of the pilot project) Ministry of Economy of Ukraine The measure was implemented late and partially Partially implemented
0% 0/ 3
4.2. 2.2.3.4.2. Developing the concept of the Unified Integrated Market Access Permission System Ministry of Economy of Ukraine Not started
4.4. 2.2.3.4.4. Holding a public discussion of the Unified Integrated Market Access Permission System and revising it (if needed) Ministry of Economy of Ukraine Not started
5.1. ESR 2.2.3.5 Redundant reporting has been abolished: entrepreneurs no longer have to submit the same information to different authorities several times; the taxpayer workspace has been integrated into the user-friendly Unified State Web Portal for Electronic Services 2.2.3.5.1. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated December 4, 2019, No. 1137 Matters of the Unified State Web Portal for Electronic Services and the Register of Administrative Services. Ministry of Digital Transformation of Ukraine The measure has not been implemented Not implemented
0% 0/ 6
5.2. 2.2.3.5.2. Integrating the taxpayer workspace into the Unified State Web Portal for Electronic Services Ministry of Digital Transformation of Ukraine There is no progress in the implementation of the measure In progress
5.3. 2.2.3.5.3. Analyzing legislative acts and using the analysis findings to determine the feasibility of amending them in order to optimize the number and scope of reports submitted by businesses State Regulatory Service of Ukraine There is progress in the implementation of the measure In progress
5.4. 2.2.3.5.4. Publicizing the report on the findings of the analysis indicated in subclause 2.2.3.5.3, holding its public discussion, revising it (if needed), and submitting to the agencies that adopted or endorsed the relevant acts for review State Regulatory Service of Ukraine Not started
5.5. 2.2.3.5.5. Arranging the monitoring of amendments to legislative acts and other acts of government agencies to optimize the number and scope of reports submitted by businesses State Regulatory Service of Ukraine Not started
5.6. 2.2.3.5.6. Semiannually (in December and July) publishing the findings of the monitoring of amendments to legislative acts and other acts of government agencies to optimize the number and scope of reports submitted by businesses State Regulatory Service of Ukraine Not started
6.1. ESR 2.2.3.6 Regulatory acts of local self-government bodies and officials have been reviewed with a focus on their effectiveness; proposals have been submitted to amend acts that do not meet the requirements of current legislation, contain factors that foster corruption or distort competition 2.2.3.6.1. Causing the Interagency Group on Issues of Accelerated Revision of Instruments of Government Regulation of Business to prepare proposals for the central executive authorities Ministry of Economy of Ukraine The measure was not implemented on time and in full Implemented
100% 2/ 2
6.2. 2.2.3.6.2. Semiannual monitoring of the drafting and entry into force of normative legal acts aimed at the implementation of the proposals of the Interagency Group on Issues of Accelerated Revision of Instruments of Government Regulation of Business Ministry of Economy of Ukraine There is progress in the implementation of the measure In progress
7.1. ESR 2.2.3.7 Channels of cooperation with the Council of the Business Ombudsperson aimed at implementing its systemic recommendations and removing obstacles to doing business have been established 2.2.3.7.1. Signing the Cooperation and Partnership Memorandums between the Council of the Business Ombudsperson and the concerned government agencies Business Ombudsman's Council The measure was implemented on time and in full Implemented
100% 2/ 2
7.2. 2.2.3.7.2. Monitoring and annual publication of information about the results of implementation of individual and system-wide recommendations of the Council of the Business Ombudsperson by government agencies Business Ombudsman's Council Implementation of the measure has started on time In progress

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: