Analysis of the draft law:
Analysis of the Draft Law
Essence of the draft: This draft law amends the Law of Ukraine “On Digital Content and Digital Services” in order to clarify the powers of the central executive body in the field of consumer rights protection and to bring the provisions of the law into compliance with the legislation on state supervision (control) and administrative procedure. The changes concern the procedures for state supervision (control) over compliance with legislation on digital content and digital services, as well as the procedure for appealing actions of business entities.
Structure of the draft: The draft law consists of two clauses. The first clause amends the Law of Ukraine “On Digital Content and Digital Services,” in particular Article 19 and Article 20. The second clause determines the date of entry into force of the law.
Main provisions and changes:
- Amendment to part three of Article 19:
- Previous wording: Not specified.
- New wording: Specifies that the central executive body that implements state policy in the field of state supervision (control) over compliance with legislation on consumer rights protection exercises state supervision (control) over compliance with the Law of Ukraine “On Digital Content and Digital Services,” in particular, applies administrative and economic sanctions to business entities for violating its requirements. At the same time, the procedure for exercising such supervision (control) is determined by the Law of Ukraine “On Basic Principles of State Supervision (Control) in the Sphere of Economic Activity,” taking into account the peculiarities defined by this Law and the Law of Ukraine “On Consumer Rights Protection.”
- Importance: This provision clearly defines the body responsible for control in this area, as well as the procedure for exercising control, which is important for business entities and consumers.
- Amendment to part two of Article 20:
- Previous wording: Indicated the possibility of appealing actions of business entities “in administrative and/or judicial procedure.”
- New wording: Replaces the wording with “in administrative procedure in accordance with Article 21 of the Law of Ukraine “On Basic Principles of State Supervision (Control) in the Sphere of Economic Activity,” taking into account the requirements of Section III of the Law of Ukraine “On Administrative Procedure,” or in judicial procedure.”
- Importance: This provision specifies the administrative procedure for appealing, referring to specific articles of the laws governing this procedure, and also takes into account the requirements of the Law of Ukraine “On Administrative Procedure.” This makes the appeal process more transparent and understandable.
- Entry into force:
- The law shall enter into force on the day following the day of its publication.
- Importance: Indicates the timeframe during which the law takes effect.
Main provisions important for stakeholders:
- For legislators: Harmonization of legislation in the field of digital content and consumer rights protection with general norms on state supervision (control) and administrative procedure.
- For experts: Specification of procedures for state supervision and appealing actions of business entities.
- For business: A clear understanding of control and liability procedures, as well as the procedure for appealing actions of regulatory authorities.
- For citizens: Understandable mechanisms for protecting their rights as consumers of digital content and digital services.
Analysis of the explanatory note:
Analysis of the draft Law of Ukraine “On Amendments to the Law of Ukraine “On Digital Content and Digital Services””
Greetings! I was asked to make a detailed analysis of the draft Law of Ukraine “On Amendments to the Law of Ukraine “On Digital Content and Digital Services””. Now we will break everything down.
Essence of the draft law
The draft law aims to amend the current Law of Ukraine “On Digital Content and Digital Services” to clearly define how administrative and economic sanctions will be imposed on entrepreneurs for violating this law. It also regulates the procedure for appealing such decisions in administrative procedure.
Reasons for and necessity of adopting the law (according to the explanatory note)
The author of the explanatory note indicates that this draft was developed in pursuance of the instruction of the Prime Minister of Ukraine, as well as to implement the provisions of the Law of Ukraine “On Digital Content and Digital Services”. The need for adoption is due to the fact that current legislation requires clarification of the mechanism for applying sanctions and the procedure for appealing them. This is necessary to ensure the legality and fairness of bringing to justice for violations in the field of digital content and services.
Main consequences of the draft law
Here are the key consequences that may be important for various stakeholders:
- For legislators: The draft law proposes to supplement the existing law with norms that ensure a clear and transparent mechanism for applying sanctions and appealing them. This will contribute to more effective legal regulation in the field of digital content and services.
- For experts: The law requires careful analysis for compliance with other legislative acts, in particular the Laws of Ukraine “On Basic Principles of State Supervision (Control) in the Sphere of Economic Activity” and “On Administrative Procedure.” It is important to assess whether there will be any conflicts or contradictions.
- For business: Entrepreneurs operating in the field of digital content and services will receive clear rules of the game regarding liability for violations. On the one hand, this may strengthen control, and on the other hand, it provides an opportunity to appeal decisions with which they do not agree. It is important to carefully study the new requirements to avoid fines.
- For citizens: Although the draft law does not directly affect citizens, it may have an indirect impact. Clear regulation in the field of digital content and services can help improve the quality of these services and protect consumer rights.
I hope this analysis was helpful! If you have any further questions, please contact me.
Analysis of other documents:
Analysis of the provided documents regarding the draft Law of Ukraine “On Amendments to the Law of Ukraine “On Digital Content and Digital Services”
1. List of new laws and laws that need revision
Position of the author of the document: This document is a technical list and does not express direct support for or objection to the draft law. It only states that there are currently no new laws or laws that need to be stated in a new version in connection with this draft law.
Main provisions of the document:
- The document records the absence of the need to adopt new laws or revise existing ones in connection with the proposed changes to the Law of Ukraine “On Digital Content and Digital Services.”
- This may indicate that the proposed changes are considered not to require significant corrections in related legislative acts.
- For legislators, this means that the draft law can be considered without the need to simultaneously amend other laws, which simplifies the process of its adoption.
- For experts, this may be a signal for a more thorough analysis of whether the draft law really does not need to be coordinated with other regulations.
- For business and citizens, this means that the changes are unlikely to cause cascading changes in legislation affecting their activities or rights.
2. Submission of the draft law by the Cabinet of Ministers of Ukraine
Position of the author of the document: This document is a cover letter from the Cabinet of Ministers of Ukraine initiating the consideration of the draft law by the Verkhovna Rada. Thus, the Cabinet of Ministers supports the draft law and proposes it for consideration.
Main provisions of the document:
- The Cabinet of Ministers of Ukraine submits the draft Law “On Amendments to the Law of Ukraine “On Digital Content and Digital Services” for consideration by the Verkhovna Rada.
- The Minister of Economy, Environment and Agriculture is designated as the representative of the draft law in the Verkhovna Rada.
- The letter includes all the necessary materials for consideration of the draft law, including the text of the draft law, the draft resolution of the Verkhovna Rada, the explanatory note, lists of acts and a comparative table.
- For legislators, this document is an official submission of the draft law for consideration, which initiates the legislative process.
- For experts, this is an opportunity to familiarize themselves with the official position of the government regarding the necessity and validity of the changes.
- For business and citizens, this is a signal that the government is proposing changes in the field of digital content and services that should be studied.
3. Draft Resolution of the Verkhovna Rada of Ukraine on adoption as a basis
Position of the author of the document: This document is a draft resolution of the Verkhovna Rada proposing to adopt the draft law as a basis. Thus, the author of the document (presumably the initiator of the draft law) seeks to promote it in parliament.
Main provisions of the document:
- The draft resolution proposes that the Verkhovna Rada adopt as a basis the draft Law of Ukraine “On Amendments to the Law of Ukraine “On Digital Content and Digital Services.”
- The Committee of the Verkhovna Rada of Ukraine on Legal Policy is instructed to finalize the draft law taking into account the comments and proposals and submit it for consideration in the second reading.
- For legislators, this document is the first step in the legislative process, which involves voting on the adoption of the draft law as a basis.
- For experts, this is an opportunity to make their comments and proposals to the draft law at the stage of its finalization.
- For business and citizens, this is an opportunity to monitor the progress of the draft law and, possibly, influence its content through appeals to deputies or participation in public discussions.
