Analysis of the draft law:
I am sorry, but since I have not been provided with the text of the draft law, I cannot provide its analysis. Please provide the text so that I can fulfill the request.
Analysis of other documents:
Analysis of documents regarding the draft Law of Ukraine “On the Unified Information System of the Social Sphere”
1. Submission of the draft Law by the Cabinet of Ministers of Ukraine
Position: The Cabinet of Ministers of Ukraine is the initiator of the draft law, which indicates its support and interest in the implementation of the Unified Information System of the Social Sphere.
Main provisions:
- The Cabinet of Ministers of Ukraine submits the draft Law “On the Unified Information System of the Social Sphere” for consideration by the Verkhovna Rada of Ukraine.
- The Minister of Social Policy, Oksana Ivanivna Zholnovych, will represent the draft Law in the Verkhovna Rada of Ukraine.
Importance for stakeholders:
- Legislators: Information about the initiator and representative of the draft law is important for communication and obtaining clarifications.
- Experts: Understanding the Government’s position on the need to adopt the law.
- Business: No direct impact, but possible changes in the procedures for providing social assistance to employees.
- Citizens: Informing about changes in the social support system.
2. Draft Resolution of the Verkhovna Rada of Ukraine
Position: The draft Resolution proposes to adopt as a basis the draft Law “On the Unified Information System of the Social Sphere”. This indicates support for the idea and the need for further refinement.
Main provisions:
- It is proposed to adopt as a basis the draft Law of Ukraine “On the Unified Information System of the Social Sphere”.
- The Committee of the Verkhovna Rada of Ukraine on Digital Transformation is instructed to finalize the draft law taking into account the comments and proposals.
Importance for stakeholders:
- Legislators: Determining the responsible committee for further consideration and finalization of the draft law.
- Experts: Opportunity to provide comments and proposals to the draft law.
- Business: No direct impact, but monitoring changes in the social sphere.
- Citizens: Informing about the process of consideration of the draft law.
3. Opinion of the Main Scientific and Expert Department
Position: The Main Scientific and Expert Department generally supports the proposals to simplify the mechanism for ordering and receiving social support, improving communication between citizens and government bodies, but expresses a number of comments.
Main provisions:
- The Department supports the idea of regulating the issues of maintaining the Unified Information System of the Social Sphere at the level of law.
- A number of comments were made regarding terminology, harmonization with current legislation, protection of personal data and distribution of powers.
- Comments concern the need to comply with the requirements of the Laws of Ukraine “On Cloud Services”, “On Public Electronic Registers”, “On Personal Data Protection”.
Importance for stakeholders:
- Legislators: The need to take into account comments to improve the quality of the draft law.
- Experts: Analysis of comments and provision of recommendations for their resolution.
- Business: Assessment of possible consequences of the implementation of the system for maintaining records of social payments to employees.
- Citizens: Ensuring the protection of personal data and the right to receive information.
4. Opinion of the Committee of the Verkhovna Rada of Ukraine on Digital Transformation
Position: The Committee of the Verkhovna Rada of Ukraine on Digital Transformation supports the draft law and recommends that the Verkhovna Rada of Ukraine adopt it in the second reading and as a whole as a law.
Main provisions:
- The Committee considered proposals and amendments to the draft Law of Ukraine “On the Unified Information System of the Social Sphere”.
- Of the 93 proposals received from the People’s Deputies of Ukraine, 20 were taken into account, 79 were rejected.
- The comparative table prepared for the second reading of the draft Law register No. 11377 in the proposed wording was supported.
Importance for stakeholders:
- Legislators: Readiness of the draft law for the second reading and support by the Committee.
- Experts: Analysis of taken into account and rejected proposals.
- Business: No direct impact, but monitoring the final wording of the draft law.
- Citizens: Informing about the process of consideration of the draft law.
5. Opinion of the Committee of the Verkhovna Rada of Ukraine on Social Policy and Protection of the Rights of Veterans
Position: The Committee of the Verkhovna Rada of Ukraine on Social Policy and Protection of the Rights of Veterans recommends that the Verkhovna Rada of Ukraine adopt the draft Law of Ukraine “On the Unified Information System of the Social Sphere” as a basis.
Main provisions:
- The Committee supports the idea of the draft law, but notes the systemic shortcomings inherent in the draft law.
- The comments of the Main Scientific and Expert Department regarding the non-compliance of the proposed procedure for anonymizing personal data with EU legislation are indicated.
- The comment of the Main Scientific and Expert Department regarding the doubtfulness of classifying all pensions, especially from the funded system of mandatory state pension insurance, as social support is supported.
Importance for stakeholders:
- Legislators: The need to take into account comments to improve the quality of the draft law, especially in the part of social protection.
- Experts: Analysis of comments and provision of recommendations for their resolution, in particular regarding the classification of pensions.
- Business: Assessment of possible consequences of the implementation of the system for maintaining records of social payments to employees, especially in terms of pension payments.
- Citizens: Ensuring the protection of personal data and the right to receive social support and pensions.
6. Opinion of the Committee of the Verkhovna Rada of Ukraine on Integration of Ukraine into the European Union
Position: The Committee of the Verkhovna Rada of Ukraine on Integration of Ukraine into the European Union believes that the draft Law does not contradict the goals of the Association Agreement and the law of the European Union.
Main provisions:
- The compliance of the draft law with the EU acquis and the Association Agreement was analyzed.
- It is noted that the provisions of the draft law as a whole do not contradict Article 15 of the Association Agreement, Article 16 of the TFEU, Article 8 of the Charter of Fundamental Rights of the European Union and Regulation 2016/679.
- It is emphasized that cooperation aims at implementing national information society strategies, developing a comprehensive regulatory framework for electronic communications and expanding Ukraine’s participation in EU research activities in the field of ICT.
Importance for stakeholders:
- Legislators: Confirmation of the compliance of the draft law with European standards.
- Experts: Analysis of the compliance of the draft law with European legal norms.
- Business: Confidence that the implementation of the system will not contradict European business standards.
- Citizens: Guarantee that the implementation of the system will comply with European standards for the protection of rights and freedoms.
7. Opinion of the Main Department of Documentary Support
Position: The Main Department of Documentary Support carried out a professional (linguistic) examination of the draft Law of Ukraine and made editorial corrections to improve the quality of the text.
Main provisions:
- The stylistic presentation of the provisions of the draft law has been improved, their clarity, consistency and logic have been ensured.
- The interrelation of words in complex sentences and the use of punctuation marks in accordance with punctuation rules have been agreed upon.
Importance for stakeholders:
- Legislators: Ensuring the clarity and comprehensibility of the text of the draft law.
- Experts: Harmonization of terminology and style of presentation.
- Business: Guarantee of a clear and unambiguous interpretation of the provisions of the draft law.
- Citizens: Ensuring a clear text of the law for the realization of their rights and obligations.
8. Comments of the Main Legal Department
Position: The Main Legal Department expressed a number of comments on the draft Law of Ukraine on the Unified Information System of the Social Sphere, prepared by the Committee of the Verkhovna Rada of Ukraine on Digital Transformation for consideration in the second reading.
Main provisions:
- The draft law contains conceptual flaws, in particular regarding the creation of another public electronic register in violation of the requirements of the Law of Ukraine “On Public Electronic Registers”.
- The holder of the register (system) is not defined; requirements for public registrars; requirements for creators; object of the register, procedure for its registration and identification; terms for entering information about objects of the register into the register.
- Some provisions of the draft law do not comply with the Constitution of Ukraine, in particular, they violate the principle of legal certainty.
- The conclusion states that the Draft Law needs substantial revision and its provisions need to be brought into compliance with the requirements provided by the Law.
Importance for stakeholders:
- Legislators: The need to take into account comments to improve the quality of the draft law and bring it into compliance with the Constitution of Ukraine and current legislation.
- Experts: Detailed analysis of the comments of the Main Legal Department and provision of recommendations for their resolution.
- Business: Assessment of the risks associated with possible inconsistencies of the draft law with current legislation.
- Citizens: Ensuring the protection of their constitutional rights and freedoms.
