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Analysis of the Law of Ukraine “On Public Consultations”
Purpose of the Law
The Law establishes the legal foundations for the organization and conduct of public consultations in the development of normative legal acts, programs, and other documents related to state governance. The primary objective is to ensure the transparency of the decision-making process and to engage the public in state management.
Key Concepts
- Public consultations – discussions and exchange of information between government authorities and the public regarding draft normative legal acts.
- Consultation initiator – a government authority or local self-government body that initiates the conduct of public consultations.
- Consultation participants – individuals and legal entities, public associations, experts, media representatives, and other interested parties.
Procedure for Conducting Public Consultations
- Initiation of consultations: The initiator determines the necessity of conducting consultations during the preparation of the draft document.
- Publication of information: Information about the announcement of public consultations, including the purpose, subject, and timeframe, is posted on the official website of the initiator.
- Collection and analysis of proposals: Participants have the opportunity to provide their comments, observations, and proposals within the established timeframe.
- Preparation of a report: The initiator prepares a report on the results of the consultations, which includes key findings and considered proposals.
Rights and Obligations of Participants
Participants in public consultations have the right to:
- Receive accurate information about the subject and procedure of the consultations.
- Express their opinions, proposals, and observations.
- Obtain information about the results of the consultations.
The initiator is obliged to:
- Ensure accessibility of information regarding the consultations.
- Consider and take into account the proposals submitted in the relevant documents.
- Publish a report on the conduct of the consultations.
Confidentiality and Transparency
The Law guarantees the transparency of the public consultation process, while also providing protection for confidential information, which may only be disclosed with the owner’s consent. All consultation materials are publicly accessible, except in cases provided for by law.
Liability for Non-Compliance with Legislation
Government authorities and local self-government bodies that fail to ensure the conduct of public consultations in accordance with the requirements of the Law may be subject to administrative liability in accordance with the current legislation of Ukraine.
Entry into Force
The Law comes into effect on the day of its official publication and applies to all government and self-government bodies that carry out activities in the field of state governance.[:]
