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15 December 2014

Sayenko Kharenko’s Lawyers Took Part in the Discussion of the Ways of Improving the Efficiency of the Legislation Process through Transparency Increase

On December 12, the American Chamber of Commerce (the “Chamber”) held the Round Table "Transparency and Predictability of Legislative Process as the Request of Business", initiated by the Chamber and hosted by the Ukrainian Parliament with the support of Ms. Oksana Syroyid, Vice-Chairperson of the Verkhovna Rada, with the participation of the MPs, leaders of political factions, leaders of VRU Committees, leaders of the VRU Main Legal Department and the Chamber Member experts.

The Round Table was held in order to go through the most typical violations of the legislative procedures by the MPs of the previous convocation; discuss the political culture of the legislation process; underline the relevance of compliance with the norms of law making; and create the expert platform which would link the legislative bodies and the business expert community in order to have the efficient legislative process in place.

While opening the event, Ms. Oksana Syroyid stated that the problem of the legislative process in Ukraine is related not only to the non-transparency and violations of the existing procedures, but also is connected to the complexity of the draft laws which cannot be easily interpreted by the non-expert community. Such ambiguity in the interpretation can lead to the laws’ wrong implementation, or misinterpretation of their norms by both, business community and state controlling bodies. Among the key goals of the new Parliament, Ms. Syroyid underlined the importance of the revival of parliamentarism in Ukraine; and renovation of people’s trust in the ability of the VRU to adopt quality laws. Also, the Vice-Chairperson of the VRU mentioned that the high interest in the event, both from the business’s side, and from the MP’s side, indicates that the parliamentary procedure was not implemented properly in the past years.

Ms. Nataliya Mykolska, Sayenko Kharenko’s counsel, noted that violation of legislative procedures adversely affects the quality of legislation. “While advising clients on compliance issues with the draft laws adopted by the Verkhovna Rada of Ukraine, we came to believe that if the law does not meet international legal obligations of Ukraine, it was adopted with violation of the legislative procedure. Violations of international obligations adversely affect not only the individual business, but also the investment climate in the country in general," – commented Nataliya. Ms. Mykolska also underlined that currently business acts according to the existing rules and procedures. Businesses must be able to predict and anticipate their activities, and be sure that their legitimate expectations will be fulfilled.

Ms. Tetiana Slipachuk, Sayenko Kharenko’s partner, spoke on the quality and understandable legislation system as a guarantee of investment attractiveness of Ukraine.

Though the overall format of the meeting presupposed the roundtable discussion, Chamber experts delivered a comprehensive analysis of the major problems in the legislative process in Ukraine and their impact on business community and international obligations of Ukraine in terms of investments.

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