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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 23, 2024 No. 976

About approval of the Procedure of legal monitoring of the regulatory legal acts included in the Unified state register of regulatory legal acts

According to part five of article 70 of the Law of Ukraine "About law-making activities" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure of legal monitoring of the regulatory legal acts included in the Unified state register of regulatory legal acts which is attached.

2. Provide to the Ministry of Justice implementation of legal monitoring of the regulatory legal acts included in the Unified state register of regulatory legal acts according to the Procedure approved by this resolution.

3. 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 August 23, 2024, No. 976

Procedure of legal monitoring of the regulatory legal acts included in the Unified state register of regulatory legal acts

1. This Procedure determines the mechanism of the organization and carrying out legal monitoring of the regulatory legal acts (further - acts) included in the Unified state register of regulatory legal acts (further - the Register) which maintaining is performed according to Procedure for maintaining the Unified state register of regulatory legal acts, access to it and the use of it approved by the resolution of the Cabinet of Ministers of Ukraine of March 29, 2024 No. 359 (The Official Bulletin of Ukraine, 2024, No. 33, the Art. 2108).

2. Legal monitoring of the acts included in the Register is performed according to the Law of Ukraine "About law-making activities", the Procedure of the legal monitoring of rather subordinate regulatory legal acts approved by the resolution the Cabinet of Ministers of Ukraine of May 17, 2024 No. 574 (The Official Bulletin of Ukraine, 2024, No. 49, the Art. 2993), and taking into account the features determined by this Procedure.

3. Legal monitoring of the acts included in the Register is performed by Ministry of Justice for the purpose of tracking, carrying out the analysis and assessment of implementation of regulatory legal acts.

4. In this Procedure the term "subject of law-making activities" is used in the value given in the Law of Ukraine "About law-making activities".

5. For implementation of legal monitoring of the acts included in the Register, the Ministry of Justice annually till December 1 makes selection and creates the list of acts concerning which within the next year legal monitoring will be performed.

Forming of such list is performed taking into account public importance of the act, and also influence of the act on rights and freedoms of man and citizen.

In order to avoid duplication of acts the Ministry of Justice when forming the list of acts considers (in the presence) results of the legal monitoring which is carried out according to the Procedure of the legal monitoring of rather subordinate regulatory legal acts approved by the resolution of the Cabinet of Ministers of Ukraine of May 17, 2024 No. 574, and the terms of implementation of legal monitoring determined by the legislation concerning the acts included in the Register.

The Ministry of Justice annually till December 31 approves the plan of implementation of legal monitoring for the next year in which determines the list of acts, terms of implementation of legal monitoring, and also the sources of information and data necessary for assessment of such acts, terms of preparation and promulgation of the report on results of legal monitoring of the acts included in the Register.

6. At the initiative of Ministry of Justice and other state bodies unplanned legal monitoring of the acts included in the Register can be performed. The decision on implementation of unplanned legal monitoring of such acts is made by Ministry of Justice.

7. Implementation of legal monitoring of the acts included in the Register provides the structural division determined by the Ministry of Justice responsible for ensuring maintaining the register.

8. Legal monitoring of the acts included in the Register provides carrying out the comprehensive analysis and detection of the acts which are not corresponding to the Constitution of Ukraine and (or) the laws, collisions in acts and also determination of consequence in law of their realization.

9. By results of legal monitoring in case of identification among the acts included in the Register, the acts (except the laws, resolutions of the Verkhovna Rada of Ukraine and presidential decrees of Ukraine) which are not corresponding to the Constitution of Ukraine and (or) the laws and also collisions in such acts the Ministry of Justice in time which is not exceeding 15 working days from the date of completion of legal monitoring addresses the subject of law-making activities with the offer on need of modification, stop or early renewal of action of structural element of the relevant act or recognition of its or its separate structural element such, invalid, or in the relevant supreme body (in the presence) with the offer to provide modification, suspension or early recovery of action of structural element of the relevant act or recognition with its appropriate subject of law-making activities invalid.

In case when subject of law-making activities is the Cabinet of Ministers of Ukraine, the Ministry of Justice addresses the chief developer of the draft of the act of the Cabinet of Ministers of Ukraine.

10. (The chief developer - in the case provided by the paragraph the second Item 9 of this Procedure), the relevant supreme body the offers of Ministry of Justice provided by results of legal monitoring, and in time, not exceeding 15 working days from the date of their obtaining (in the presence) shall consider subject of law-making activities, to inform Ministry of Justice on the planned actions and terms of accounting of the specified offers of Ministry of Justice.

11. In case when subjects of law-making activities (the chief developer - in the case provided by the paragraph the second Item 9 of this Procedure), the relevant supreme body (in the presence) did not take measures, the stipulated in Item 10 presents About, the Ministry of Justice informs on it the Cabinet of Ministers of Ukraine.

In that case the Cabinet of Ministers of Ukraine can give the assignment to prepare to Ministry of Justice the project on modification of the corresponding regulatory legal act and to give to its appropriate subject of law-making activities in the procedure established by the Constitution of Ukraine and (or) the law.

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