On 16 November 2021, the Ukrainian parliament passed the long-awaited Draft Law No. 3475 “On administrative procedure” (Administrative Procedure Law) after the second reading, which was designed to regulate interactions between the state, individuals and businesses for provision of convenient public services free of bureaucracy and corruption. In particular, the Administrative Procedure Law is meant to ensure that administrative authorities be able to provide fair and impartial decision-making within a reasonable time.
Notably, the Administrative Procedure Law does not apply to several types of administrative procedures, such as applications to policy making, constitutional, criminal, executive and court proceedings and notary activities, which are regulated by other Laws.
The most significant provisions introduced by the Administrative Procedure Law include:
- Granting the individuals’ right to submit written or oral explanations and be present during consideration of the administrative cases that may impact their rights and interests;
- Granting individuals the right to review an administrative case at different stages of the administrative procedure;
- Imposing the burden of collection of documents on the administrative authorities while the individuals are entitled to file documents;
- Introducing requirements for administrative authorities, such as:
- The requirement to substantiate decisions,
- The requirement to include explanations on the procedure and timeframes for the challenge of administrative acts,
- For the sake of consistency and fairness, the requirement that the same decisions be taken in similar cases;
- Introducing the concept that an administrative decision should come into force only when a person or legal entity that are subject to the decision is duly notified of it;
- Establishing an out-of-court administrative procedure for challenging administrative decisions;
- Defining specific grounds for closure and suspension of administrative cases.
In general, the Administrative Procedure Law will ensure the formation of a system of administrative procedures, which are transparent, predictable, professional and people-oriented. This system will ensure the protection of each individual's rights and interests, including their involvement in administrative cases.
This Draft Law has passed the second reading. It will be signed by the President of Ukraine, and will enter into force 12 months after its official publication.
For more information on Ukraine's Administrative Procedure Law, contact your regular CMS advisor or local CMS experts: Olga Shenk, Maria Orlyk.
Legislation: Draft Law No. 3475 “On administrative procedure” (in Ukrainian).
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