BRDO: Draft license conditions concerning hazardous waste management don’t satisfy requirements of a number of regulatory acts

The Better Regulation Delivery Office BRDO examined draft license conditions concerning conducting economic activities on hazardous waste management and dangerous chemicals production prepared by the Ministry of Ecology and Natural Resources of Ukraine.

BRDO experts pay attention to the non-compliance of drafts with requirements of a wide range of regulatory acts.

In spite of requirements of the Law of Ukraine “On Principles of State Supervision (Control) of economic activity”, there are provisions that will lead to the duplication of state supervision (control) mandates included to the drafts.

It is to be reminded, that the Ministry of Natural Resources like any other licensing authority exercises state supervision (control) over the observance of license conditions by license holders. So, if license conditions provisions demand that a license holder, for example, should observe fire safety rules, then the State Emergency Service of Ukraine can check compliance with these requirements.

In addition, draft license conditions provide for the duplication of State Inspectorate of Ukraine on Labor and State Architectural and Construction Inspectorate of Ukraine mandates.

Besides, the drafts require a license applicant to submit some documents copies, which are in public access. Aforementioned requirements don’t conform to the Licensing Law and the Law of Ukraine “On Administrative Services”. One of the draft licensing conditions requires to submit original documents that is directly prohibited by the law on licensing.

One of the drafts contains a provision prohibiting the simultaneous material and technical resources rent by two and more entities conducting business activities on hazardous waste management.

However, this restriction contradicts the Licensing Law principle of economic entities equal rights to freedom of choosing the territory for their activities.