The Law of Ukraine “On Administrative Procedure” which was enacted on December 15, 2023 signifies Ukraine's commitment to elevating its administrative procedures to meet and exceed EU standards and requirements of the Organization for Economic Cooperation and Development (OECD). This ambitious legislation creates a foundation for enhanced governance, transparency, and effectiveness, ultimately improving the business environment and fostering stronger partnerships with the international community.
In particular, it guarantees numerous rights and protections for both citizens and business actors, including:
- the right to approach several authorities, regardless of the service type, through a unified and streamlined procedure;
- the right to be heard in case of a potential negative or refusal decision by submitting additional explanations, supplementary documents, or presenting other forms ofevidence;
- the right to participate in the evaluation of a situation, especially if there is a potential negative decision that needs to be considered ;
- the right to involve interested parties whose lawful interests are impacted during administrative proceedings;
- the right to access case materials (except for legally protected information);
- right to rectify application deficiencies while preserving the initial submission date.
The Law also imposes new responsibilities on public authorities and presents them with novel opportunities:
- the possibility of pre-trial settlement of the case due to the collegial review of complaints (with the option to involve the public);
- the regulatory framework for revoking and invalidating decisions, and issuance of permits;
- ensuring the avoidance of conflicts of interest in the activities of state bodies through the implementation of effective removal and self-removal mechanisms;
- the responsibility to rectify mistakes promptly, without awaiting a complaint or lawsuit;
- independent collection of data and information;
- mandatory justification of a negative decision;
- reduction of bureaucratic processes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.