Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine on Amendments to Certain Laws Regarding Improvement of Legal Regulation of the Economic Security Bureau of Ukraine
Essence of the Draft Law
The draft law is aimed at improving the legal regulation of the Economic Security Bureau of Ukraine (ESB) by amending a number of laws. The main purpose of these changes is to clearly define the powers of the ESB in various legal contexts, replacing previous bodies such as the tax police and other state institutions with the newly created Bureau.
Structure of the Draft Law
The draft law consists of two main parts. The first part contains amendments to various laws of Ukraine, including the Laws “On Forensic Examination”, “On Insurance”, “On Military-Civil Administrations”, “On the Legal Regime of Martial Law” and “On Temporary Investigative Commissions and Temporary Special Commissions of the Verkhovna Rada of Ukraine”. The second part determines the date of entry into force of the law.
Main Provisions and Changes
- In the Law “On Forensic Examination”, the body exercising control over compliance with tax legislation has been changed to the Economic Security Bureau of Ukraine.
- In the Law “On Insurance”, the ESB receives powers instead of the central executive body responsible for forming state fiscal policy.
- The Law “On Military-Civil Administrations” has added the ESB as one of the bodies that can be involved in the activities of administrations.
- In the Law “On the Legal Regime of Martial Law”, the ESB is added to the list of bodies with certain powers during martial law.
- In the Law “On Temporary Investigative Commissions and Temporary Special Commissions of the Verkhovna Rada of Ukraine”, the tax police is replaced by the ESB.
Important Provisions for Different Groups
For legislators and experts, the clarity and definiteness of the ESB’s powers in various spheres is important, which may contribute to improving the efficiency of its functions. For businesses, these changes may mean a new approach to control and regulation of economic security, which may affect their operational activities. Citizens can expect that with these changes, the effectiveness of combating economic crimes and ensuring economic stability will increase.
Analysis of the Explanatory Note:
Essence of the Draft Law
The draft law is aimed at improving the legal regulation of the Economic Security Bureau of Ukraine (ESB) by amending a number of existing laws. This includes resolving issues related to pre-trial investigation, access to insurance confidential information, and interaction with other bodies during martial law.
Reasons and Necessity of Adopting the Draft Law
The necessity of adopting this law is justified by the fact that existing regulations do not fully cover all aspects of the ESB’s activities as a newly created central executive body. This has caused a need to clarify legislation to ensure the effectiveness of pre-trial investigation, access to necessary information, and coordination of actions with other authorities during martial law. Additionally, the draft law provides for the integration of the ESB into the parliamentary control system through participation in investigative commissions.
Main Consequences of the Draft Law
The most important consequences of adopting this draft law are the improvement of legal regulation of the ESB’s activities, which will allow more effectively counteracting economic offenses. The draft law will provide the ESB with the right to access insurance confidential information, which is important for performing its functions. It will also contribute to better coordination with military-civil administrations during martial law. At the same time, the draft law does not require additional budget expenditures and does not affect the rights and interests of local self-government bodies or the public.
Analysis of Other Documents:
The author of the document, the Cabinet of Ministers of Ukraine, supports the draft law, as it is the initiator of its submission to the Verkhovna Rada. The position of the Cabinet of Ministers, presented through Prime Minister Denys Shmyhal, is the need to improve the legal regulation of the Economic Security Bureau of Ukraine’s activities.
The main provisions of the document that may be important for legislators, experts, businesses, and citizens include the following aspects:
- Improvement of Legal Regulation: The draft law is aimed at improving the legal framework governing the activities of the Economic Security Bureau, which may contribute to increasing the efficiency of its work.
- Involvement of Refinements: The Committee on Law Enforcement will be responsible for refining the draft law, taking into account amendments and proposals, which allows considering the opinions of various stakeholders.
- Review Procedure: The draft law is intended to be adopted in the first reading, which indicates the parliament’s readiness to consider and possibly make changes that will improve its content.
This draft law may contribute to strengthening the country’s economic security, which is important for the stability and development of the Ukrainian economy as a whole.
