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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 17, 2024 No. 574

About approval of the Procedure of legal monitoring of rather subordinate regulatory legal acts

According to the paragraph to the second "About law-making activities" the Cabinet of Ministers of Ukraine decides parts five of article 67 of the Law of Ukraine:

1. Approve the Procedure of legal monitoring of rather subordinate regulatory legal acts which is applied.

2. This resolution becomes effective along with enforcement of the Law of Ukraine "About law-making activities".

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 17, 2024, No. 574

Procedure of legal monitoring of rather subordinate regulatory legal acts

General questions

1. This Procedure determines the mechanism of the organization and implementation of legal monitoring of rather subordinate regulatory legal acts which is performed according to the Law of Ukraine "About law-making activities".

2. The purpose of legal monitoring is tracking, the analysis and assessment of implementation of the adopted subordinate regulatory legal acts (further - the act).

3. Subject of legal monitoring of acts is assessment of achievement of the planned purposes of normative legal regulation, their influence on society and (or) on separate social groups, sectors or industries, determination of the social, legal, political, economic, ecological, administrative and (or) other possible planned consequences or identification of unplanned consequences; enforcement in full (entry into force); adoption (edition) of other acts directed to implementation of acts concerning which legal monitoring is performed.

4. Legal monitoring is performed by subjects of law-making activities - rather adopted (issued) them acts, other participants of law-making activities - in the cases and procedure established by the law (further - the subject of legal monitoring).

Act assessment

5. The subject of legal monitoring performs legal monitoring of the act as follows:

1) implementation of legal evaluation of the act which includes carrying out the analysis on:

the fact of timeliness of acceptance (edition) of the subordinate regulatory legal acts directed to implementation of the act;

compliance of the adopted (issued) subordinate regulatory legal acts to the act concerning which legal monitoring is performed;

solutions of the Constitutional Court of Ukraine and (or) other courts which can concern the act and (or) its separate structural elements concerning which, (which) legal monitoring is performed;

international treaties of Ukraine, acts of the right of the European Union, provisions of the Convention on human rights protection and fundamental freedoms and practice of the European Court of Human Rights which can concern the act and (or) its separate structural elements, concerning which, (which) legal monitoring is performed;

2) implementation of efficiency evaluation of implementation of the act which includes carrying out the analysis on:

establishment of implementation phase of the act (in case of step-by-step introduction of its provisions);

efficiency and effectiveness of acts;

the planned and unplanned influence of the act on participants of the public relations to whom its action, including taking into account offers of the interested bodies, representatives of institutes of civil society, the international practice extends;

other factors influencing implementation of the act and goal achievement of its adoption (edition).

6. Legal evaluation of the act is performed in the terms determined by the subject of legal monitoring, but not earlier than in year from the date of entry into force of the act if other term is not established by the act including if the act is adopted it (is issued) for the limited, determined in such act term.

7. Evaluating efficiency of implementation of the act is performed, as a rule, in three years from the date of its introduction in force.

Earlier term of implementation of efficiency evaluation of realization is possible in case of identification of unpredictable negative consequences of implementation of the act or if earlier term is not established by the act in case:

adoption of the act according to the reduced or simplified procedure;

entry into force of the act immediately after day of its publication.

Implementation of legal monitoring of acts

8. For implementation of legal monitoring of acts the subject of legal monitoring annually till December 1 makes selection and creates the list of acts concerning which within the next year their legal evaluation and (or) efficiency evaluation of their realization will be performed.

9. With the specified purpose the subject of legal monitoring approves annually till December 31 the plan of implementation of legal monitoring for the next year in which creates the list of the selected acts, terms of implementation of legal monitoring, and also determines the sources of information and data necessary for assessment of such acts; terms of preparation and promulgation of the report.

10. Forming of the list of acts (selection) for implementation of legal monitoring is performed taking into account:

1) public importance of the act;

2) influences of the act on the rights and fundamental freedoms of man and citizen.

11. The subject of legal monitoring in case of establishment of amount of legal monitoring of acts can include in the list:

1) acts;

2) separate structural elements of the selected acts;

3) the acts or their separate structural elements regulating the chosen sphere of the public relations.

12. In the course of legal monitoring the subject of legal monitoring:

1) collects information and data necessary for implementation of legal monitoring, on each of the acts determined in the list;

2) analyzes collected information and data.

13. The subject of legal monitoring as source of information and data during assessment of acts can use:

1) reports of state bodies, local government bodies, their officials;

2) results of parliamentary and committee hearings;

3) the broken up into smaller units statistical data;

4) court practice;

5) scientific research;

6) reports and the other information published by the international organizations, public associations and political parties;

7) the reports prepared by results of the held public consultations under acts;

8) address of citizens;

9) other sources including opened, containing information, necessary for implementation of legal monitoring.

14. The subject of legal monitoring in the analysis of collected information and data is based on cause and effect relationship between the introduction of the act in force and results of its realization.

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