NOVEMBER 23, the AUC appealed to the National Deputies of Ukraine who members of the Inter-Faction Local Government Support Group (local government caucus) with a request to support the idea of rejecting the draft law “”On Introducing Amendments to the Law of Ukraine “On the Principles of the National Regulatory Policy in the Sphere of Economic Activities” (concerning the repeated submission of the draft regulatory document by local government officials and bodies)” (# 2213а of July 01, 2015
The draft law has a suggestion to introduce a mandatory requirement for local governments and their officials to repeatedly make public the draft local government ordinance, which was made public earlier, if after the discussion of proposals and comments to it this document was amended. The document also has a suggestion to introduce a ban on approval or endorsement of such ordinances if they were not repeatedly made public.
DIALOGUE Project experts who prepared the expert opinion on the draft law emphasise that the provisions mentioned above are to be applied only to local government bodies and will not cover other government authorities. In other words, local government will face unjustified limitations for their activities as compared with state executive agencies. Therefore, the approval of the corresponding amendments will:
- make it much more difficult for local governments to discuss and make decisions on their ordinances;
- provide incentives for local governments to ignore proposals submitted with regard to the draft ordinance to avoid the necessity to make it public again.
In addition to this, in Accordance with Article 15 of the Law of Ukraine “On Access to Public Information”, local governments are obliged to publish drafts of their regulatory and legal documents for public discussion not later than 20 working days prior to the date of their consideration. In other words, the requirement to apply additional mechanisms to make the documents public as specified by the Law of Ukraine “On the Principles of the National Regulatory Policy in the Sphere of Economic Activities” is redundant.