{"id":4239,"date":"2025-12-10T11:43:21","date_gmt":"2025-12-10T09:43:21","guid":{"rendered":"https:\/\/avnbmu.com.ua\/?p=4239"},"modified":"2025-12-11T11:45:25","modified_gmt":"2025-12-11T09:45:25","slug":"on-the-response-of-the-ministry-for-communities-and-territories-development-of-ukraine","status":"publish","type":"post","link":"https:\/\/avnbmu.com.ua\/en\/news\/on-the-response-of-the-ministry-for-communities-and-territories-development-of-ukraine\/","title":{"rendered":"On the Response of the Ministry for Communities and Territories Development of Ukraine"},"content":{"rendered":"\n

The Association has received a letter from the Ministry for Communities and Territories Development of Ukraine in response to the Association\u2019s appeal to the Prime Minister of Ukraine, Ms. Y. A. Svyrydenko, regarding the Ministry\u2019s violation of the legislation on state regulatory policy in the part concerning the repeated monitoring of the effectiveness of Order No. 441 of the Ministry of Infrastructure of Ukraine dated 22 June 2022, \u201cOn Amendments to the Coefficients Applied to the Tariffs of the Tariff Manual for Cargo Transportation by Rail within Ukraine and Related Services\u201d<\/em>, as well as the publication and submission of the relevant report, as required by Articles 10 and 26 of the Law of Ukraine \u201cOn the Principles of State Regulatory Policy in the Sphere of Economic Activity\u201d<\/em> (see the information in the \u201cNews\u201d section dated 14 November 2025).<\/p>\n\n\n\n

Regarding the text of the Ministry\u2019s response, the Association considers the following:<\/p>\n\n\n\n

    \n
  1. The references to the Methodology for Monitoring the Effectiveness of a Regulatory Act<\/em>, approved by Resolution No. 308 of the Cabinet of Ministers of Ukraine dated 11 March 2004, as well as to Resolution No. 172 of the Cabinet of Ministers of Ukraine dated 1 March 2022, \u201cOn Amendments to Paragraph 13 of the Regulation on State Registration of Normative Legal Acts of Ministries and Other Executive Authorities\u201d<\/em>, and to Directive No. 181-r of the Cabinet of Ministers of Ukraine dated 24 February 2022, \u201cIssues of Introducing and Ensuring Measures of the Legal Regime of Martial Law in Ukraine\u201d<\/em>, do not comply with the requirements of the Law of Ukraine \u201cOn the Principles of State Regulatory Policy in the Sphere of Economic Activity,\u201d<\/em> which has higher legal force compared to acts of the Government.<\/li>\n\n\n\n
  2. This response contradicts the position of the State Regulatory Service of Ukraine, set out in its letters to the Ministry dated 10 July 2025 No. 3133\/20-25 and 26 September 2025 No. 4255\/20-25. According to its Regulation, approved by Resolution No. 724 of the Cabinet of Ministers of Ukraine dated 24 December 2014, the Service is a central executive authority directed and coordinated by the Cabinet of Ministers of Ukraine, responsible for implementing state regulatory policy, policy on oversight (control) in the field of economic activity, licensing and permit systems, and deregulation of economic activity.<\/li>\n<\/ol>\n\n\n\n

    Therefore, there are grounds to consider that the Ministry for Communities and Territories Development of Ukraine has violated the state regulatory policy in the sphere of economic activity.<\/p>\n\n\n\n

    The Association reminds that, pursuant to Article 41 of the Law of Ukraine \u201cOn the Principles of State Regulatory Policy in the Sphere of Economic Activity,\u201d<\/em> the heads of regulatory authorities, officials of such authorities, as well as heads of structural subdivisions or officials entrusted with implementing specific powers in regulatory activity, bear responsibility for violations of the legislation on state regulatory policy, in accordance with the procedure established by law.<\/p>\n\n\n\n

    However, has anyone ever actually been held liable under this provision?<\/p>\n\n\n\n

    It is positive that the Ministry for Communities and Territories Development of Ukraine has finally at least acknowledged that it did not prepare a regulatory impact analysis or the relevant indicators for Order No. 441 and, therefore, did not carry out monitoring of the effectiveness of this regulatory act (see the information in the \u201cNews\u201d section dated 27 January and 24 February 2025).<\/p>\n\n\n\n

    The letter of the Ministry for Communities and Territories Development of Ukraine dated 3 December 2025 No. 31746\/47\/10-25 is attached.<\/p>\n\n\n\n

    <\/object>vihidnij_list_k_69194<\/a>\u0417\u0430\u0432\u0430\u043d\u0442\u0430\u0436\u0438\u0442\u0438<\/a><\/div>\n\n\n\n

    Image source:<\/em> freepik.com<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

    The Association has received a letter from the Ministry for Communities and Territories Development of Ukraine in response to the Association\u2019s appeal to the Prime Minister of Ukraine, Ms. Y. A. Svyrydenko, regarding the Ministry\u2019s violation of the legislation on state regulatory policy in the part concerning the repeated monitoring of the effectiveness of Order […]<\/p>\n","protected":false},"author":1,"featured_media":2815,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts\/4239"}],"collection":[{"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/comments?post=4239"}],"version-history":[{"count":1,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts\/4239\/revisions"}],"predecessor-version":[{"id":4243,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/posts\/4239\/revisions\/4243"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/media\/2815"}],"wp:attachment":[{"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/media?parent=4239"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/categories?post=4239"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/avnbmu.com.ua\/en\/wp-json\/wp\/v2\/tags?post=4239"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}