Measure
2.4.3.1.2 (1). Drafting normative legal acts (amendments to normative legal acts) aimed at the implementation of the provisions of the law indicated in subclause 2.4.3.1.1
Measure status:
Actual execution date:
30.05.2024
The measure is aimed at achieving ESR:
2.4.3.1. On the basis of the Unified Register of State-Owned Properties, a register of state and municipal unitary enterprises, as well as business companies in which more than 50 percent of the authorized capital stock (equity) belongs to the state or a territorial community, has been created and populated with data, with mandatory publication of information on the activities of such legal entities in accordance with international standards, including information on government aid received
Problem solving:
2.4.3. The insufficient scope of publicly available information about business entities in which the state has an ownership stake significantly reduces the transparency of their activities, complicates public control and fosters corruption.
Deadlines:
Responsible implementors (authorities):
Sources of funding:
state budget
Volumes of financing (thousand UAH):
within the established budget allocations for the relevant year
Performance indicator:
The draft normative legal acts have been drafted and publicized for a public discussion.
In accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 1194 On Amendments to the State Anti-Corruption Programme for 2023-2025 dated 18 October 2024, the content of the measure was amended.
Implementing status
Progress/Result of implementation:
In the course of implementing the specified measure, the State Property Fund of Ukraine reported on the development of a draft resolution of the Cabinet of Ministers of Ukraine, “On Amending Resolution of the Cabinet of Ministers of Ukraine No. 467, dated April 14, 2004, and the Recognizing Certain Resolutions of the Cabinet of Ministers of Ukraine as Invalid,” which envisages to approve the Procedure for maintaining the Unified Register of State-Owned Objects in a new version, the provisions of which contain the order, terms, data structure of information disclosure, in particular through the web portal regarding business entities, intended for the formation, processing, and disclosure of information about state and communal entities economic entities.
The State Property Fund of Ukraine (letter No. 10-62-31250 of November 30, 2023) initially submitted to the Cabinet of Ministers of Ukraine (CMU) a draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 467, dated April 14, 2004,” prepared to align it with the provisions of Law No. 3137-IX.
According to paragraph 6 of the extract from protocol No. 57 of the meeting of the Government Committee on Economic, Financial, and Legal Policy, Fuel and Energy Complex, Strategic Industries, and Law Enforcement dated December 26, 2023, the draft resolution was returned for revision, taking into account the comments from the Ministry of Digital Transformation regarding the thorough revision of the entire draft resolution, particularly to align it with other provisions of the Law of Ukraine “On Public Electronic Registers.”
The revised draft resolution was sent for approval to eight central executive authorities (letter dated May 27, 2024, No. 10-62-14349) and the Ministry of Digital Transformation (letter No. 10-62-14668 of May 30, 2024).
The draft resolution was approved without comments by five bodies (the Antimonopoly Committee of Ukraine, the Administration of the State Special Communications Service, the National Securities and Stock Market Commission, and the Ministry of Infrastructure) and approved with comments by three bodies (the State Statistics Service of Ukraine, the Ministry of Finance, and the Ministry of Economy), with which reconciliation procedures will be carried out as provided by clause 6 of § 33 of the CMU Regulations (Regulation No. 950).
To date, the Ministry of Digital Transformation has not provided its position on the draft resolution, which prevents the submission of this draft to the Ministry of Justice for legal examination and to the National Agency on Corruption Prevention to determine the need for an anti-corruption examination.
The State Property Fund of Ukraine prepared a regulatory impact analysis for the draft resolution and published it on the official website of the State Property Fund of Ukraine on June 10, 2024, to receive proposals and comments from individuals, legal entities, and their associations within one month (http://surl.li/uojdc).
Reconciliation procedures to resolve existing discrepancies are being prepared.