The Association Received an Interesting Response from the Ministry for Communities and Territories Development of Ukraine

Following the Association’s appeal to the Prime Minister of Ukraine, Yuliia Svyrydenko, regarding an increase in weight limits for the transportation of non-metallic construction materials on local public roads (see the News section dated 13 May 2026) and the response received from the Ministry for Communities and Territories Development of Ukraine (see the News section dated 1 June 2026), the Association requested clarification from the Ministry as to where the draft Resolution of the Cabinet of Ministers of Ukraine “On the Implementation of a Pilot Project for Financing Routine Repairs and Maintenance of Public Roads by Business Entities”, prepared by the Ministry, could be accessed in the public domain.

In response, the Association received a letter stating, with reference to the Laws of Ukraine “On the Principles of State Regulatory Policy in the Sphere of Economic Activity” and “On the Legal Regime of Martial Law,” that “the draft Resolution of the Cabinet of Ministers of Ukraine ‘On the Implementation of a Pilot Project for Financing Routine Repairs and Maintenance of Public Roads by Business Entities’ was not required to be included in the Ministry’s 2026 Regulatory Act Preparation Plan and was therefore not published on the Ministry’s official website.”

Association’s comments

1. Article 3, Part 2 of the Law of Ukraine “On the Principles of State Regulatory Policy in the Sphere of Economic Activity” indeed provides that the Law does not apply to regulatory activities related to the adoption of acts concerning the introduction and implementation of measures under the legal regime of martial law or a state of emergency.

However, it is difficult to classify the draft Resolution “On the Implementation of a Pilot Project for Financing Routine Repairs and Maintenance of Public Roads by Business Entities” as an act aimed at introducing or implementing measures under the legal regime of martial law.

Following such logic, virtually any regulatory act issued by any central executive authority could be classified as an act related to the implementation of martial law measures, thereby avoiding inclusion in regulatory plans and public consultation procedures.

This raises the question of how the fundamental principles of state regulatory policy—transparency and consideration of public opinion – can be ensured. These principles require openness of regulatory authorities to individuals, legal entities and their associations throughout the regulatory process, mandatory consideration of proposals and comments submitted in accordance with the law, timely publication of adopted regulatory acts, and proper public information on regulatory activities, as stipulated in Article 4 of the Law “On the Principles of State Regulatory Policy in the Sphere of Economic Activity.”

2. Article 8, Part 1 of the Law of Ukraine “On the Legal Regime of Martial Law” sets out specific measures that may be introduced during martial law. However, none of these measures concerns the adoption of regulatory acts on matters related to the implementation of the legal regime of martial law.

3. Furthermore, Article 9, Part 10 of the same Law refers to the application of certain legal provisions during martial law exclusively with respect to acts adopted by local self-government bodies, military-civil administrations and military administrations, rather than acts issued by central executive authorities.

The letter of the Ministry for Communities and Territories Development of Ukraine dated 2 July 2026, No. 17541/29/10-26, is attached.

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