The Cabinet of Ministers proposes fines for violations of legislation on state aid to business
The Cabinet of Ministers has registered draft law No. 15305 in the Verkhovna Rada, which provides for the introduction of administrative liability for violations of the requirements of legislation on state aid to business entities. Currently, the text of the draft law has not yet been published on the Verkhovna Rada website, but its main provisions were presented by the Cabinet of Ministers' representative in parliament.
According to him, the document was developed in accordance with the State Anti-Corruption Program for 2023–2025. The draft law aims to create legal and organizational mechanisms for holding accountable those who violate the rules for providing state aid to business.
It is noted that the draft law proposes amendments to the Code of Ukraine on Administrative Offenses and the addition of a new Article 166-29, which will define the composition of violations of the requirements of legislation on state aid.
In particular, administrative liability may be established for failure by state aid providers to notify the authorized body about new state aid or changes to the conditions of existing state aid, if this led to the provision of illegal state aid based on normative legal or administrative acts or other documents adopted by such providers that grant the right to receive state aid.
Exceptions will be cases of providing state aid that is unacceptable for competition.
It is also proposed to establish liability for providing state aid that is unacceptable for competition based on normative legal and/or administrative acts or other documents adopted by state aid providers that grant the right to receive such aid.
Separate liability is provided for failure by state aid providers to submit information, submission of incomplete information within the deadlines established by law or the authorized body, as well as for submitting false information. This concerns data whose submission is required by the Law "On State Aid to Business Entities" and which is necessary for monitoring state aid.
In addition, the draft law provides for amendments to Article 38 of the Code of Ukraine on Administrative Offenses regarding the terms for imposing administrative penalties for violations of the requirements of legislation on state aid to business entities.
Changes are also proposed to Article 221 of the Code of Ukraine on Administrative Offenses regarding the jurisdiction of cases on the relevant administrative offenses.
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