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Main Provisions of the Resolution of the Cabinet of Ministers of Ukraine dated October 4, 2024, No. 1138
The Cabinet of Ministers of Ukraine adopted Resolution No. 1138 dated October 4, 2024, which introduces amendments to Resolution No. 526 dated May 18, 2011, “On the Establishment of Regional Councils of Entrepreneurs in the Autonomous Republic of Crimea, Regions, and the Cities of Kyiv and Sevastopol.” These amendments relate both to the resolution itself and to the Model Provision on the Regional Council of Entrepreneurs.
Amendments to Resolution No. 526:
- Paragraph 3 of the resolution has been revised as follows:
“3. The Ministry of Economy shall ensure the provision of methodological assistance to the regional councils of entrepreneurs.”
- The resolution has been supplemented with a new paragraph 3-1 as follows:
“3-1. The State Regulatory Service shall ensure the provision of methodological assistance to the regional councils of entrepreneurs regarding the implementation of state regulatory policy.”
These amendments impose obligations on the Ministry of Economy and the State Regulatory Service to provide methodological assistance to the regional councils of entrepreneurs.
New Edition of the Model Provision on the Regional Council of Entrepreneurs:
The Model Provision on the Regional Council of Entrepreneurs has been revised. The main points of this provision are as follows:
1. Status and Subordination
The Regional Council of Entrepreneurs is an advisory and consultative body under the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv, and Sevastopol city state administrations.
2. Legal Basis for Activity
The Council is guided by the Constitution and laws of Ukraine, normative legal acts of the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, decisions of the relevant executive authorities, as well as the provision on the council developed based on the Model Provision.
3. Main Tasks of the Council
- Facilitating interaction between economic entities, public organizations of entrepreneurs, associations of entrepreneurs, and government authorities on the basis of partnership and openness.
- Preparing proposals for amendments to normative legal acts in the field of entrepreneurship.
- Reviewing projects of regional entrepreneurship development programs and participating in the analysis of their implementation.
- Submitting proposals to government authorities regarding the creation of conditions for the development of entrepreneurship, the implementation of state regulatory policy, and the resolution of disputed issues in the field of entrepreneurship.
- Promoting entrepreneurial initiative, supporting, and popularizing entrepreneurial activities.
4. Rights of the Council
- To form permanent and temporary working bodies.
- To involve representatives of economic entities, public organizations, government authorities, regional development agencies, and scientific and expert organizations in its work.
- To receive consultative and organizational support, materials, and information necessary for the performance of its tasks from government authorities.
- To submit proposals and recommendations to government authorities on matters within its competence.
- To participate in the implementation of state regulatory policy in accordance with the legislation.
5. Formation of the Council Composition
The Council is formed on a territorial and sectoral basis from representatives of public organizations of entrepreneurs, associations of entrepreneurs, employers’ organizations, and their associations. The personal composition of the council is elected at the founding meeting organized by the initiative group. The composition of the council is approved by the executive authority.
During the state of emergency, founding meetings and council sessions may be held via videoconference.
The procedure for holding founding meetings and requirements for candidates are detailed in the provision.
6. Membership in the Council
Membership in the council is individual and is carried out on a voluntary basis. Restrictions are established for individuals who cannot be members of the council, including officials of state authorities and local self-government, individuals with unexpunged criminal records, etc.
Grounds for termination of membership include personal desire, loss of compliance with requirements, systematic absence from meetings, and others.
7. Leadership of the Council
The council is headed by a chairman, who has a first deputy and a deputy. They are elected from among the members of the council at the first meeting after the composition of the council is approved.
8. Organization of the Council’s Work
Meetings of the council are held at least once a quarter and are valid if a majority of members are present. Meetings may also be held via videoconference.
The procedure for convening and conducting meetings is determined by the council’s regulations.
9. Secretariat of the Council
A secretariat may be established to ensure the council’s activities. The head of the secretariat is the secretary of the council. Representatives of the executive authority and regional development agencies may be involved in the work of the secretariat.
The council may provide for financial support and material and technical assistance to the secretariat from contributions of council members and other sources not prohibited by law.
10. Decision-Making
Decisions of the council are made at meetings by open voting with a majority of votes of the present members. In the event of a tie, the vote of the chairman is decisive.
11. Information on Activities
The council may have its own letterhead and website. Information about the council’s activities is made available to the public through the media, official websites of government authorities, and the council’s own website (if available).
12. Support from Government Authorities
The executive authority facilitates the organizational and informational support of the council’s work.
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