Law of Ukraine “On Administrative Services”

Date of entry into force:

October 7, 2012

(Abstract)

The Law determines the legal foundations for the exercise of rights, freedoms and legitimate interests of natural persons and legal entities in the sphere of provision of administrative services.

Article 1 of the Law provides definitions of terms used in it. For example, an administrative service is the result of exercise of the power of authority by a provider of administrative services, at the request of a natural person or a legal entity, aimed at creation, change or termination of rights and/or obligations of such person or entity according to the law. The provider of administrative services is an executive authority, another state authority, body of power of the Autonomous Republic of Crimea, body of local self-government, and their officials, authorized to provide administrative services according to the law.

According to Article 2 of the Law, it does not apply to relations associated with:

·         state supervision (control);

·         metrological control and supervision;

·         accreditation of compliance assessment authorities;

·         inquiry and pre-trial investigation;

·         operational investigation;

·         court proceedings and executive proceedings;

·         notarial acts;

·         execution of punishments;

·         access to public information;

·         application of legislation on protection of economic competition;

·         work related to the state secret;

·         acquiring rights through competition;

·         acquiring rights related to items limited in civil circulation.

According to Article 5 of the Law, the laws regulating social relations associated with provision of administrative services exclusively establish the following:

·         grounds for receiving an administrative service;

·         the provider of the administrative service and its authority to provide the administrative service;

·         the list of and requirements to documents necessary to receive an administrative service;

·         paid or non-paid provision of an administrative service;

·         maximum timeframe for provision of an administrative service;

·         list of reasons to refuse provision of an administrative service.

The list of administrative services is determined by the law.

Requesting persons have the right to receive information about administrative services and the procedure for their provision, free of charge, through free access to the Register of Administrative Services located on the Governmental Portal, through the Governmental Telephone Hotline, and through information published in mass media (Article 6 of the Law). 

Providers of administrative services must ensure that:

·         information stands with samples of respective documents and information sufficient to receive an administrative service without outside help are set up in places of reception of requesting persons;

·         web sites containing information about the procedure for provision of respective administrative services, visiting hours of the premises that receive requesting persons, and the availability of public transport links, access roads and parking areas are set up and functioning;

·         officials receive requesting persons according to the schedule approved by the head of the appropriate provider of administrative services. The number of visiting hours for requesting persons must be at least 40 hours per week, including a minimum of 6 hours on Saturdays;

·         requesting persons addressing the administrative service provider using telecommunication (telephone, e-mail, other means of communication) are provided information about the provision of administrative services;

·         informational materials about administrative services are issued, and distributed, free of charge, in places of reception of requesting persons;

·         a suggestion box is set up to enable requesting persons to comment on the quality of administrative services, the comments and suggestions received through it are analyzed annually, and appropriate measures are taken.

Requirements to the quality of provision of administrative services are established by Article 7 of the Law.

A provider of administrative services shall approve an information card and a process flow chart for each administrative service it provides according to the law (Article 8 of the Law).

The procedure for providing administrative services is determined by Article 9 of the Law.

According to Article 10 of the Law, the maximum timeframe for provision of an administrative service is determined by the law. If the law does not establish the maximum timeframe for provision of an administrative service, the time shall not exceed 30 calendar days after the requesting person submits the application and documents required to receive the service.

In cases envisaged by the law, a payment (administrative fee) is charged for provision of administrative services. Administrative services in the sphere of social security are provided free of charge. The amount of payment for an administrative service (administrative fee) and the procedure for its collection are determined by the law, with regard to its social and economic value. The payment for an administrative service (administrative fee) is transferred to the state budget or the respective local budget (Article 11 of the Law).

According to Article 12 of the Law, a center for provision of administrative services is a permanently active working body or structural division of an executive body of a city council, village council, Kyiv or Sevastopol city state administration, district administration, or Kyiv or Sevastopol city district state administration, where administrative services are provided through an administrator, by means of the latter’s interaction with the providers of administrative services. Centers for provision of administrative services are created in city councils (their executive bodies) of cities of regional importance and/or republican importance in the Autonomous Republic of Crimea, the Kyiv and Sevastopol city state administrations, district administrations, or Kyiv or Sevastopol city district state administrations. In order to ensure appropriate accessibility of administrative services, territorial units of a center for provision of administrative services may be created.

To receive an administrative service from a center for provision of administrative services, the requesting person addresses an administrator – an official of the body that created the center for provision of administrative services and organizes for provision of administrative services through interaction with providers of administrative services. The administrator is appointed and dismissed by the head of the body that passed the resolution to create the respective center for provision of administrative services. The number of administrators is determined by the body that passed the resolution to create the respective center for provision of administrative services (Article 13 of the Law).

Article 14 of the Law provides for organizational support of provision of administrative services.

In the premises housing centers for provision of administrative services, and other premises where administrative services are provided, associated services may be provided as well (photocopying, laminating, photography, stationery, banking services, etc.). Associated services are provided by business entities selected by the provider of administrative services or the body that created the center for provision of administrative services, through competition, based on the criteria of minimizing financial and time expenses of the requesting persons (Article 15 of the Law).

According to Article 16 of the Law, the Register of Administrative Services (hereinafter referred to as “Register”) is created and maintained by the central executive authority that implements the state policy for economic development, for the purposes of:

·         keeping a record of administrative services;

·         ensuring open and free access to information about administrative services.

The Register contains information about:

·         the list of administrative services;

·         legal grounds for providing administrative services;

·         provider of administrative services;

·         amount of payment (administrative fee) for the administrative service (if payment is charged for the service);

·         other information established by the Cabinet of Ministers of Ukraine.

Article 17 of the Law envisages that provision of administrative services in an electronic form, and access of requesting persons to information about administrative services through the Internet are ensured through the Single State Portal of Administrative Services, which is the official source of information about provision of administrative services in Ukraine. The keeper of the Single State Portal of Administrative Services is the central executive authority that implements the state policy for economic development. The Single State Portal of 

Administrative Services provides for:

·         access of requesting persons to information about administrative services and their providers;

·         access to download and digital completion of application and other documents required to receive administrative services;

·         the opportunity for requesting persons to submit an application using telecommunication;

·         the opportunity for requesting persons to receive information about the progress of their applications;

·         the opportunity for requesting persons to receive the results of provided administrative services using telecommunication;

·         the opportunity for requesting persons to pay for the provision of administrative services remotely and electronically.

The financial and other types of support for the provision of administrative services are envisaged by Article 18 of the Law.

The Law also envisages introducing appropriate amendments to the Economic Code of Ukraine, the Tax Code of Ukraine, and the Laws of Ukraine “On Local Self-Government in Ukraine”, “On the Permit System in the Field of Economic Activity”, and “On Government Procurement”.

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