Comparative Analysis of the Draft Law of Ukraine “On the Basic Principles of State Supervision (Control)” and the Current Regulatory Requirements and Principles Operating in the European Union
Abstract
Purpose: to conduct a comparative analysis of the draft Law of Ukraine “On the Basic Principles of State Supervision (Control)” and the current regulatory requirements and principles operating in the European Union.
Мethod: A comparative legal method was used to analyze the provisions of the draft law and the principles of state supervision operating in the European Union, as well as a systematic approach to identify the relationships between the concepts of risk-based control, preventive mechanisms and digitalization.
Findings. It was determined that the Draft Law “On the Basic Principles of State Supervision (Control)” is a conceptually progressive and necessary reform aimed at modernizing relations between the state and business. Its key ideas - the transition to a risk-based approach, the introduction of preventive mechanisms (audit, insurance), digitalization and increased transparency - fully comply with European standards and the long-term interests of the Ukrainian economy. It has been established that the quality of legal formulations and the thoughtfulness of individual mechanisms do not always correspond to the ambition of the declared goals. The main advantages of the Draft Law are increased predictability for business through stable planning, strengthening procedural guarantees during inspections (in particular, video recording) and creating tools to avoid violations without applying sanctions. It has been shown that the advantages of the Draft Law are largely offset by serious risks. In particular, the proposed administrative appeal system is structurally defective due to a conflict of interest. The shortened trial procedure, although aimed at increasing efficiency, poses a threat to the right to a fair trial. Insufficient financial support for new preventive functions calls into question іt real effectiveness.
Theoretical implications: consists in a comprehensive comparative analysis of the Ukrainian draft law “On the Basic Principles of State Supervision (control)” and the European principles of state supervision (control).
Practical implications: conceptual differences between the formalized Ukrainian model and the flexible European system are identified, in particular regarding the risk-oriented approach, business incentive mechanisms and digitalization.
Paper type. Theoretical, descriptive, methodical.
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