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LAW OF UKRAINE

of February 17, 2022 No. 2073-IX

About ministerial procedure

This Law governs the relations of executive bodies, authorities of the Autonomous Republic of Crimea, local government bodies, their officials, other subjects which according to the law are authorized to perform functions of public administration, with physical persons and legal entities concerning consideration and permission of administrative cases in the spirit of the democratic and constitutional state determined by the Constitution of Ukraine and for the purpose of providing the right and the law, and also the obligation of the state to provide and protect the rights, freedoms or legitimate interests of man and citizen.

Section I. General provisions

Article 1. Subject of regulation and coverage of the law

1. This Law governs the relations of executive bodies, authorities of the Autonomous Republic of Crimea, local government bodies, their officials, other subjects which according to the law are authorized to perform functions of public administration, with physical persons and legal entities concerning consideration and permission of administrative cases by acceptance and execution of administrative acts.

2. Operation of this Law does not extend to the relations arising in time:

1) considerations of addresses of persons containing offers, recommendations about forming of state policy, the solution of questions of local value, and also about settlement of the public relations;

2) the constitutional production, criminal proceedings, judicial proceedings, enforcement proceeding (in addition to accomplishment of administrative acts), operational search activities, intelligence activities, counterintelligence activities, making of notarial actions, execution of punishments, application of the legislation on homeland security and defense, nationality, provision of political asylum in Ukraine, protection of the economic competition (except cases on provision of permissions and the conclusions on coordinated actions, concentration of subjects of managing);

3) public service, diplomatic and military service, service in local government bodies, services in police, and also other public service;

4) realization of constitutional right of citizens to participate in All-Ukrainian and local referenda, to choose and be elected to public authorities and local government bodies;

5) appeals of procedures of public purchases;

6) rewardings with the state awards;

7) making of pardon.

Article 2. Determination of terms

1. In this Law the stated below terms are used in such value:

1) administrative authority - executive body, authority of the Autonomous Republic of Crimea, local government body, their official, other subject which according to the law is authorized to perform functions of public administration;

2) administrative case (further - case) - case which concerns the public relations on ensuring realization of the right, freedom or legitimate interest of person and/or accomplishment by it of the obligations determined by the law, protection of its right, freedom or legitimate interest which consideration is performed by administrative authority;

3) the administrative act - the decision or the legally significant action of individual nature taken (made) by administrative authority for the solution of specific case and directed (is directed) to acquisition, change, the termination or realization of the rights and/or obligations of the individual (persons);

4) administrative production - set of the procedural actions made by administrative authority, and the made procedural decisions on consideration and permission of case which comes to the end with acceptance and, in necessary cases, with accomplishment of the administrative act;

5) ministerial procedure - the procedure for consideration and permission of case determined by the law;

6) public interest - interest of the state, society, territorial community, and also interests and requirements, important for large number of persons;

7) discretion - the power conferred to administrative authority by the law to choose one of possible versions of the decision according to the law and the purpose with which such power is conferred;

8) person - physical person (the citizen of Ukraine, the foreigner or the stateless person which is in Ukraine on legal causes), including physical person entrepreneur, the public association which does not have the status of the legal entity, the legal entity created according to the law, the legislation of foreign state or based on international treaties of Ukraine;

9) procedural action - action of administrative authority which is made during consideration of the case, but which case is not solved in essence;

10) the procedural decision - the administrative determination made when considering the case, but which case is not solved in essence;

11) functions of public administration - provision of administrative services, implementation inspection (control, supervising) activities, the solution of another matters according to the statement of person or on own initiative administrative authority.

2. The terms "authenticity check" and "digital signature" are used in this Law in the values given in the Law of Ukraine "About electronic confidential services", and the term "national electronic information resource" - in the value given in the Law of Ukraine "About the basic principles of ensuring cyber security of Ukraine".

Article 3. Legislation on ministerial procedure

1. Ministerial procedure is determined by the Constitution of Ukraine, this Law and other laws of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, and taking into account practice of the European Court of Human Rights.

2. By the law features of administrative production for separate categories of administrative cases can be established. Such features shall correspond to the principles of ministerial procedure determined by this Law.

Article 4. Principles of ministerial procedure

1. The principles of ministerial procedure are:

1) supremacy of law, including legality and legal definiteness;

2) equality before the law;

3) justification;

4) objectivity (impartiality) of administrative authority;

5) conscientiousness and prudence;

6) proportionality;

7) openness;

8) timeliness and reasonable time;

9) efficiency;

10) presumption of legitimacy of actions and requirements of person;

11) officiality;

12) guaranteeing right of person to participation in administrative production;

13) guaranteeing effective remedies of legal protection.

2. The principles of ministerial procedure determined by this Law extend also to administrative activities of administrative authorities which do not require adoption of administrative acts.

Article 5. Supremacy of law

1. The administrative authority when implementing administrative production is guided by the principle of supremacy of law according to which, in particular, the person, its rights and freedoms are recognized the highest values and determine content and orientation of activities of the state.

Article 6. Legality

1. The administrative authority performs administrative production only on the basis, within powers and methods which are provided by the Constitution of Ukraine, this Law and other laws of Ukraine, and also based on international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. The administrative authority applies other regulatory legal acts adopted by relevant organ of the government, authority of the Autonomous Republic of Crimea or local government body on the basis within powers and methods which are provided by the Constitution of Ukraine and the law.

3. Implementation of discretion by administrative authority is considered legal in case of observance of the following conditions:

1) discretion is provided by the law;

2) discretion is performed in limits and method, provided by the Constitution of Ukraine and the law;

3) the lawful choice is performed by administrative authority for goal achievement with which discretion is conferred to it, and corresponds to the principles of ministerial procedure determined by this Law;

4) the choice of the administrative determination is performed without departure from the previous decisions made by the same administrative authority in identical or similar cases except reasonable cases.

4. The conclusions about application of rules of law stated in resolutions of the Supreme Court are obligatory for all administrative authorities which apply the regulatory legal act containing the corresponding norm of the right in the activities.

5. The administrative authority which violated the right, freedom or legitimate interest of person shall on own initiative during reasonable time from the date of identification of violation recover the right, freedom or legitimate interest, without waiting for submission of the claim or presentation of the claim and preventing violation repeating in the future.

Article 7. Equality before the law

1. Administrative production is performed on the basis of equality before the law of all physical persons, irrespective of race, skin color, political, religious and other convictions, sex, age, the state of health, ethnic and social origin, nationality, family and property condition, residence, language or other signs, equality before the law of all legal entities, irrespective of form of business, pattern of ownership, subordination, the location, the place of creation and registration, the legislation according to which the legal entity, and other signs or circumstances is created.

2. In the cases and procedure determined by the law, separate categories of persons (juveniles and minors, persons with disability, foreigners, stateless persons, others, determined by the law, categories of persons) when implementing administrative production use the additional guarantees provided by the law.

Article 8. Justification

1. The administrative authority provides accessory and completeness of clarification of the facts of the case, directly researches proofs and other case papers.

2. The administrative authority when implementing administrative production considers all circumstances important for permission of case.

3. The administrative authority shall prove administrative acts which it adopts, except the cases determined by the law. The administrative act which can negatively affect the right, freedom or legitimate interest of person shall contain motivation part which meets the requirements of this Law.

4. If the administrative authority changes assessment and conclusions in identical or similar cases, it shall provide proper reasons for such change.

Article 9. Objectivity (impartiality) of administrative authority

1. The administrative authority provides the identical attitude towards all participants of administrative production.

2. Illegal interest of administrative authority in results of consideration and permission of case is not allowed.

3. The official of administrative authority shall take the measures for prevention and settlement of conflicting interests in the activities and activities of other officials connected with consideration and permission of case according to the procedure determined by the Law of Ukraine "About prevention of corruption".

Article 10. Conscientiousness and judiciousness

1. The administrative authority shall be effective honesty for goal achievement, determined by the law.

2. The administrative authority when implementing administrative production shall be effective, being guided by common sense, logic and generally accepted standards of morality, with observance of requirements of the legislation.

3. Person shall perform the rights granted to it honesty and not abuse them.

Article 11. Proportionality

1. The administrative authority shall observe pro-rata rule in time:

1) adoptions of administrative acts;

2) adoptions of procedural decisions and making of procedural actions.

2. The administrative act shall be adopted with respect for necessary balance between adverse effects for the right, freedom or legitimate interest of person and the purposes to which achievement the administrative act is directed. Negative consequences for person and public interests shall be the smallest.

3. The administrative authority shall use the powers on purpose with which such powers are conferred. The purpose with which powers are conferred is determined by the law or follows from its provisions.

Article 12. Openness

1. The administrative authority shall according to the procedure, established by the law, to provide realization of the right of person to information access, connected with acceptance and execution of the administrative act concerning it.

2. The participant of administrative production has the right to know about the beginning of administrative production and about the participation right in such production, and also the right to acquaintance with materials of the corresponding case.

3. Disclosure available in data which according to the law constitute information with limited access is forbidden.

Article 13. Timeliness and reasonable time

1. The administrative authority considers and solves case, and also makes procedural action and/or makes the procedural decision during reasonable time (in the shortest possible time sufficient for implementation of administrative production), but no later than the deadlines determined by the law.

2. The administrative authority solves case timely, namely before circumstances under which adoption of the administrative act can lose relevance.

Article 14. Efficiency

1. The administrative authority will organize consideration and permission of the cases which are within its competence with the smallest costs of means and other resources, simple and in an efficient manner.

2. The administrative authority provides consideration and permission of case with making of procedural actions which are sufficient and necessary for the correct permission of case.

Article 15. Presumption of legitimacy of actions and requirements of person

1. Actions and requirements of person are lawful until other is proved during consideration and/or the solution of case.

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