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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 28, 2023 No. 189

About approval of the Procedure for carrying out primary assessment of condition of implementation of acts of the right of the European Union (acquis of the EU)

For the purpose of ensuring preparation of Ukraine for negotiations on the accession to the European Union the Cabinet of Ministers of Ukraine decides:

1. Approve procedure for carrying out primary assessment of condition of implementation of acts of the right of the European Union (acquis of the EU) which is applied.

2. To the ministries, other central executive bodies:

carry out till June 30, 2023 primary assessment of condition of implementation of acts of the right of the European Union (acquis of the EU) according to the Procedure approved by this resolution;

tax till August 30, 2023. To the Cabinet of Ministers of Ukraine the report by results of evaluating together with offers on reduction of the industry legislation of Ukraine in compliance with the right of the European Union (acquis of the EU).

3. To provide to the vice-Prime Minister concerning the European and Euro-Atlantic integration of Ukraine:

coordination of activities of the ministries, other central executive bodies responsible for implementation of acts of the right of the European Union (acquis of the EU), on carrying out primary assessment;

development in the week time of the spreadsheet of carrying out primary assessment of condition of implementation of acts of the right of the European Union (acquis of the EU).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 28, 2023, No. 189

Procedure for carrying out primary assessment of condition of implementation of acts of the right of the European Union (acquis of the EU)

1. This Procedure determines the procedure and requirements for carrying out by the ministries, other central executive bodies and state bodies of primary assessment of condition of implementation of acts of the right of the European Union (acquis of the EU) for carrying out complex comparative analysis of the legislation of Ukraine according to the right of the European Union (acquis of the EU) and detection of discrepancies which needs to be eliminated prior to the beginning of and within negotiation process according to the entry of Ukraine into the European Union.

2. In this procedure terms are used in the following sense:

the main contractor determined responsible for spheres in the appropriate negotiation section (further - the main contractor determined responsible for spheres), - the Ministry, other central executive body and state body responsible for carrying out primary assessment of condition of implementation of acts of the separate direction in the industry legislation within one of negotiation Sections of the right of the European Union (acquis of the EU);

the main contractor of the negotiation Section Ministry, other central executive body and state body responsible for carrying out primary assessment of condition of implementation of acts of one of negotiation Sections of the right of the European Union (acquis of the EU) in the legislation of Ukraine;

the spreadsheet of carrying out primary assessment of condition of implementation of acts of the right of the European Union (acquis of the EU) (further - the spreadsheet) - the interactive electronic tool containing information on condition of implementation of acts of the right of the European Union (acquis of the EU) according to negotiation Sections;

primary assessment of condition of implementation of acts of the right of the European Union (acquis of the EU) (further - primary assessment) - complex comparative analysis of the legislation of Ukraine concerning its compliance to the right of the European Union (acquis of the EU) and practical implementation and application for the purpose of preparation for negotiations on the entry of Ukraine into the European Union;

negotiation Sections - 35 Sections which correspond to priority spheres of the right of the European Union (acquis of the EU) and according to which process of negotiations on the entry of Ukraine into the European Union will be organized.

3. The purpose of carrying out primary assessment is determination of condition of implementation of acts of the right of the European Union (acquis of the EU) by negotiation Sections and preparation taking into account its project deliverables of the National program of implementation of the legislation of Ukraine for the right of the European Union (acquis of the EU).

4. Primary assessment is carried out with respect for the following principles providing:

focus on result preparation of offers on reduction of the industry legislation of Ukraine in compliance with the right of the European Union (acquis of the EU);

efficiency minimization of number of the documents and procedural actions which are required for operational implementation of acts of the right of the European Union (acquis of the EU) in the respective sphere;

relevance carrying out of primary assessment of the current editions of acts of the right of the European Union (acquis of the EU) in the respective sphere.

5. Carrying out primary assessment in the appropriate negotiation section will be organized by the main contractor of the negotiation Section, and in the respective sphere of the negotiation Section - the main contractor determined responsible for spheres. The corresponding distribution of Sections and spheres is determined in the spreadsheet.

6. For the purpose of carrying out primary assessment the main contractors of the negotiation Section can form the corresponding working groups.

7. Carrying out primary assessment of condition of implementation of acts of the right of the European Union (acquis of the EU) provides:

1) the Preparatory stage, on which:

Government office of coordination of the European and Euro-Atlantic integration of the Secretariat of the Cabinet of Ministers of Ukraine (further - government office):

- prepares and sends to the main contractors of the negotiation Section and the main contractors determined responsible for spheres, lists of acts of the right of the European Union (acquis of the EU) in the respective spheres according to negotiation Sections;

- develops and sends to the main contractors of the negotiation Section and the main contractors determined responsible for spheres, the spreadsheet and technique of work with it;

the main contractors of the negotiation Section and the main contractors determined responsible for spheres:

- study the list of acts of the right of the European Union (acquis of the EU) according to negotiation Sections;

- determine the structural division responsible for providing the organization of carrying out primary assessment;

- determine according to competence the structural divisions responsible for work with each act of the right of the European Union (acquis of the EU), in particular for preparation of the table of correspondences of the legislation of Ukraine to the act of the right of the European Union (acquis of the EU) (further - the table of correspondences) according to Appendix 1;

2) the Practical stage, on which:

the main contractors of the negotiation Section and the main contractors determined responsible for spheres:

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