Analysis of the draft law:
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Analysis of other documents:
Analysis of Documents Regarding the Draft Law on the American-Ukrainian Investment Reconstruction Fund
1. List of New Laws and Laws Requiring Restatement
Minister of Finance Serhiy Marchenko notes that the implementation of the law’s provisions does not require the adoption of new laws or the restatement of existing ones. However, to implement certain provisions of the draft Law, acts of the Cabinet of Ministers of Ukraine are necessary, in particular, regarding the procedure for paying contributions to the fund and opening a new budget program.
Key provisions important to stakeholders:
- Legislators: There is no need to develop new laws, but it will be necessary to consider and approve by-laws developed by the CMU.
- Experts: Pay attention to the development and analysis of by-laws, in particular, the procedures for paying contributions.
- Business: It is important to monitor the procedure for paying contributions to the fund, as this may affect financial flows.
- Citizens: Information about the lack of need for new laws may create an impression of stability and predictability of the process.
2. Letter from the Prime Minister of Ukraine Denys Shmyhal to the Verkhovna Rada
Prime Minister of Ukraine Denys Shmyhal supports the draft law and submits it to the Verkhovna Rada for consideration in the order of legislative initiative. He also designates the Minister of Finance, Serhiy Marchenko, as the representative of the draft law in the Verkhovna Rada.
Key provisions important to stakeholders:
- Legislators: Receiving the draft law for consideration from the Cabinet of Ministers indicates its importance to the executive branch.
- Experts: The Minister of Finance will represent the draft law, which indicates the key role of the financial department in the implementation of the agreement.
- Business and citizens: Support for the draft law at the level of the Prime Minister may speed up its adoption.
3. Draft Resolution of the Verkhovna Rada of Ukraine
The draft resolution provides for taking as a basis the draft Law on Amendments to the Budget Code of Ukraine. The Committee on Finance, Tax and Customs Policy is instructed to finalize the draft law taking into account comments and suggestions and submit it for consideration in the second reading.
Key provisions important to stakeholders:
- Legislators: The need to adopt a resolution for further consideration of the draft law. The important role of the Committee on Finance, Tax and Customs Policy.
- Experts: The possibility of providing comments and suggestions to the draft law at the stage of finalization by the committee.
- Business and citizens: Monitor the process of finalizing the draft law and the possibility of submitting their proposals.
4. Conclusion of the Main Scientific and Expert Department of the Verkhovna Rada of Ukraine
The Main Scientific and Expert Department notes that the draft is systemically related to the law on ratification of the Agreement between the Government of Ukraine and the Government of the United States of America. A decision on the project is possible after consideration of the draft law on ratification.
Key provisions important to stakeholders:
- Legislators: The need to consider the draft law in conjunction with the law on ratification of the agreement.
- Experts: Comprehensive analysis of both draft laws to assess their impact on the budgetary system.
- Business and citizens: Understanding that the adoption of this law depends on the ratification of the agreement.
5. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Budget Issues
The Committee on Budget Issues considered the draft law and recommends that the Verkhovna Rada adopt it in the second reading and as a whole. The committee has done a significant job of processing proposals and preparing a comparative table taking into account the comments.
Key provisions important to stakeholders:
- Legislators: The recommendation of the Committee on Budget Issues is an important factor for the Verkhovna Rada to make a decision.
- Experts: Analysis of the comparative table and taken into account/rejected proposals to assess the quality of the draft law’s finalization.
- Business and citizens: The support of the draft law by the Committee increases the likelihood of its adoption.
6. Conclusion of the Main Directorate of Document Support of the Verkhovna Rada of Ukraine
The Main Directorate of Document Support conducted a linguistic examination of the draft law and has no comments on its text. The text is written in modern Ukrainian literary language.
Key provisions important to stakeholders:
- Legislators: Confirmation of the quality of the draft law’s text.
- Experts: The opportunity to focus on the legal and economic analysis of the draft law.
- Business and citizens: Ensuring understanding of the draft law’s text.
7. Comments of the Main Legal Department of the Verkhovna Rada of Ukraine
The Main Legal Department expressed a number of comments on the draft law. In particular, regarding the definition of sources in the form of royalty payments for the use of mineral resources, the legal uncertainty of the provisions relating to “Natural Resource Assets”, and the non-compliance with the subject of regulation of the Budget Code.
Key provisions important to stakeholders:
- Legislators: The need to take into account legal comments to avoid conflicts and ambiguous interpretation of norms.
- Experts: Thorough analysis of the provisions that cause comments and providing suggestions for their improvement.
- Business and citizens: Monitor the consideration of comments, as this may affect the practical application of the law.
