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Health Care

29/ 08/ 2016

European Business Association (Association), over a protracted time period, appealed to the state authorities to amend the Regulations of the Cabinet of Ministers of Ukraine in order to simplify the draft act reconciliation procedure. In particular, there was a need to cancel the recurrent approval of a draft act in case the head of the state body responsible for the act’s development was replaced.

On 17 August this year the relevant amendments to the CMU Regulations were made effective by the CMU Resolution No.501 dated 8 August 2016. Inter alia, they anticipate that in case a head of a relevant state body, which is a principal developer of a draft act, is replaced by a new head, the recurrent approval of the draft act by the newly-appointed head is not required.

It is important to mention that the previous wording of the relevant CMU Resolutions’ norm entailed significant delays which negatively impacted draft acts’ final adoption due to bringing back relevant documents for recurrent approval.

Particularly, the final adoption of a number of draft acts in the health care area was much hampered for the foregoing reason, with due information provided by the Association’s Health Care Committee to the Government.

The Association appreciates such new developments. We do hope that they will bring improvement to the policy-making process managed by the Government of Ukraine. In addition, we express our acknowledgement to both the Association’s members that demonstrated active involvement and the Government officials for making the novelty come true.

Legal background

On 8 August 2016 the Cabinet of Ministry of Ukraine (CMU) adopted the Resolution “On amending the CMU Regulations” No.501 (CMU Resolution No.501) which, inter alia, provided the new wording to the item 2 §40 of the CMU Regulations, namely: “The replacement of a head of a concerned body and/or a body that is a principal developer of a draft act (apart from cases where the Cabinet of Ministers resigns) shall not require a recurrent approval of a draft act…”.

In case the CMU lays down or is resigned the draft acts shall be brought back to the principal developers for the recurrent consideration of the latter (if needed) by the newly-created CMU.

The Resolution No.501 was published in the Government Bulletin on 17 August 2016. According to the item 2 of the CMU Resolution No.501 “This Resolution becomes effective starting from the day of its publication…”.

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