Legal Committee Meeting

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On October 20, the Chamber held a regular Legal Committee meeting devoted to the current issues in legal sphere.




First, participants discussed the issue of responsibility of business and controlling bodies in course of taking state control measures. Maxim Oleksiyuk, Partner, KM Partners presented his vision on changing approach to functions of controlling bodies and responsibility, in particular:

  • Currently, entities that are liable for violations of legislation are mainly owners of projects, who do not necessarily have enough competence to assess all the risks and technical details. To resolve this issue it was proposed to make amendments to the current legislation and preview liability for the entities that execute projects.
  • State bodies that take measures of state supervision and control have qualified employees who have expertise needed to assess such risks and may provide some audit services.

 

After the discussion, Committee Members decided to prepare position paper on this matter.

Second item of the agenda was related to the newly created mechanism of constitutional claim. As a result of the discussion, it was decided to hold a meeting with the judges of Constitutional Court of Ukraine.

Third item of the agenda was related to the issue of use of European Court of Human Rights decisions in national judicial practice. As of now, the main issue is that only official translation can be used and the capacitites of the Ministry of Justice to provide such translations is limited. As a result of discussion, it was decided to address the Ministry with a letter providing options to resolve this issue.