Analysis of the draft law:
Analysis of the Draft Law of Ukraine on Appeals
Essence of the draft law: This draft Law aims to modernize and improve the legal regulation of relations related to citizens’ appeals to state authorities, local self-government bodies, and other entities. It defines the procedure for submitting and considering appeals, establishes clear requirements for appeals, the rights and obligations of subjects of appeal and consideration, and regulates the issues of appealing decisions and liability for violations of legislation on appeals. The main goal is to ensure the effective realization of citizens’ right to appeal and receive reasoned responses within the established timeframes.
Structure of the draft law:
- Section I. GENERAL PROVISIONS: Defines the scope of the Law and basic terms.
- Section II. PROCEDURE FOR SUBMISSION AND CONSIDERATION OF APPEALS: Establishes the procedure for submitting appeals, requirements for their оформлення (formatting/execution), terms of consideration, etc.
- Section III. PETITIONS: Regulates the procedure for submitting and considering petitions, including requirements for collecting signatures.
- Section IV. APPEAL OF DECISIONS, ACTIONS OR INACTION OF SUBJECTS OF CONSIDERATION. MONITORING, CONTROL AND LIABILITY: Defines the procedure for appealing decisions, actions or inaction of subjects of consideration, as well as control measures and liability.
- Section V. FINAL AND TRANSITIONAL PROVISIONS: Contains provisions on the entry into force of the law, recognition of previous acts as invalid, and amendments to other legislative acts.
Main changes compared to previous versions:
- The scope of the Law has been clarified, in particular, the extension to relations regulated by the Law of Ukraine “On Administrative Procedure” and other special laws has been excluded.
- Amendments have been made to the definitions of terms, in particular, the concepts of “appeal,” “subject of appeal,” and “subject of consideration” have been clarified.
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* The procedure for submitting appeals, including requirements for appeals in electronic form, is detailed.
* The issues of registration of appeals and terms of their consideration are regulated.
* Amendments have been made to the provisions on petitions, in particular, regarding the number of signatures and the terms of their collection.
* The rights and obligations of subjects of appeal and consideration are clarified.
* Provisions on monitoring and control over compliance with legislation on appeals have been introduced.
**Key provisions of the draft law, important for various stakeholders:**
* **For legislators:** The draft law proposes an updated and comprehensive legal framework for regulating citizens’ appeals, which may contribute to increasing the efficiency of public administration and protecting the rights of citizens.
* **For experts:** The law requires careful analysis regarding compliance with the Constitution of Ukraine, European standards and international obligations of Ukraine in the field of human rights protection.
* **For business:** The law may affect the procedure for considering appeals received by enterprises, institutions and organizations, regardless of ownership, so it is important to take into account new requirements and procedures.
* **For citizens:** The law defines clear rules for submitting and considering appeals, which can help citizens more effectively protect their rights and interests, and will also promote openness and accountability of government bodies.
**Key changes:**
* **Scope of application:** The scope of the law is limited, excluding issues regulated by other special laws.
* **Form of appeals:** Submission of appeals in oral, written (paper or electronic) form is allowed.
* **Requirements for appeals:** The requirements for information to be contained in the appeal are detailed.
* **Terms of consideration:** Clear terms for consideration of appeals are established, depending on the complexity of the issue.
* **Electronic petitions:** Amendments have been made regarding the number of signatures required for consideration of petitions and the terms of their collection.
