On the Repeated Performance Review of a Regulatory Act

A Brief Overview of the Current Legislation of Ukraine

According to Article 10 of the Law of Ukraine “On the Principles of State Regulatory Policy in the Sphere of Economic Activity”:

– Each regulatory act is subject to initial, repeated, and periodic performance reviews, which include the implementation of performance monitoring measures and the preparation and publication of a performance review report;

– A repeated performance review shall be conducted one year after the effective date of the act or the date when most of its provisions enter into force, but no later than two years from the effective date of the act or the majority of its provisions, unless an earlier date is set by the regulatory body that adopted the act;

– The performance monitoring measures are carried out by the regulatory body that adopted the act, unless otherwise stipulated by law;

– The regulatory body that adopted the act shall prepare a performance review report (unless otherwise provided by the Law), and publish it within 10 days of its signing, in the manner prescribed by Article 13 of the Law.

In accordance with Part 2 of Article 26 of the same Law, the performance review report of a regulatory act adopted by the Cabinet of Ministers of Ukraine, a central executive body, the Council of Ministers of the Autonomous Republic of Crimea, a local executive body, or a territorial body of a central executive authority must be submitted to the authorized body no later than the next working day following the publication of the report.

Chronology of Events in 2025

• January 10 – The Association sent a request to the Ministry for Communities and Territories Development of Ukraine, asking for information on the implementation of the repeated performance review of Order No. 441 of the Ministry of Infrastructure of Ukraine dated 22 June 2022, which increased railway freight tariffs by 1.7 times as of 29 June 2022.
• January 23 – The Association received a response from the Ministry for Communities and Territories Development. However, the issue of the repeated performance review of Order No. 441 was not addressed. Instead, the Ministry stated that the order was submitted for state registration in accordance with paragraph 13 of the Regulation on State Registration of Legal Acts of Ministries and Other Executive Authorities, approved by Resolution No. 731 of the Cabinet of Ministers of Ukraine dated 28 December 1992 — a matter that the Association had not raised in its initial letter.
• January 31 – The Association repeated its request, asking the Ministry to thoroughly address the substance of the questions set out in the letter of 10 January 2025, essentially restating the original concerns.
• February 21 – The Association received another response from the Ministry, which merely stated that a reply had already been provided on this issue — without addressing the core matter.

Conclusion:
The Ministry for Communities and Territories Development did not conduct a repeated performance review of Order No. 441 of the Ministry of Infrastructure of Ukraine dated 22 June 2022, thus violating Article 10 of the Law “On the Principles of State Regulatory Policy in the Sphere of Economic Activity.”

When businesses violate the law, they are subjected to penalties. When government agencies do so — nothing happens. As the saying goes, “like water off a duck’s back.”

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Further Actions by the Association

• February 28 – The Association submitted a request to the State Regulatory Service of Ukraine (SRS) to urge the Ministry for Communities and Territories Development to carry out the repeated performance review of Order No. 441.
• March 20 – The Association received a letter from the SRS, in which no mention was made of the request to contact the Ministry. The letter only stated that the SRS had not received a performance review report regarding Order No. 441.
• March 31 – The Association sent a second request to the SRS, asking the agency to require the Ministry for Communities and Territories Development to publish and submit the repeated performance review report in accordance with Articles 10 and 26 of the Law.
• April 29 – The Association received a letter stating that the matter of the repeated performance review of Order No. 441 and the request to contact the Ministry was still under consideration by the SRS, and that the Association would be informed of the outcome in due course.
• June 26 – Due to the lack of any response from the SRS for almost two months, the Association sent yet another request to this central executive authority, demanding a report within 10 days on the status of the repeated performance review of Order No. 441, as referenced in the SRS’s letter of 29 April 2025.

Summary

1. The issue of conducting a repeated performance review by the Ministry for Communities and Territories Development of Ukraine and the publication of the corresponding report regarding Order No. 441 of the Ministry of Infrastructure has persisted since January 2025 — over five months to date.
2. Based on the responses received from the Ministry and the SRS, there is growing concern that these central executive authorities are intentionally delaying the resolution of the matter.
3. The prolonged failure to resolve what is essentially a straightforward procedural obligation — conducting and publishing a repeated performance review report — casts doubt on the overall effectiveness of central executive authorities and their ability to address pressing issues in a timely manner during one of the most critical periods in Ukraine’s history.

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