Two Years since the LAP Entered into Force: Implementation Results and Next Steps

On this occasion, EU Project Pravo-Justice, together with the Ministry of Justice of Ukraine, the Secretariat of the Cabinet of Ministers of Ukraine and EU Project Continued Support to Comprehensive Reform of Public Administration in Ukraine (EU 4 PAR), held a round table discussion entitled “Two Years Since the Law on Administrative Procedure Entered into Force: Initial Outcomes, Practical Experience, and the Way Forward.

The event brought together representatives of the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Social Policy, Family and Unity, the Ministry of Economy, Environment and Agriculture, the Supreme Court, state and local government bodies, the judiciary, international organisations, members of parliament, academics and national experts. Participants discussed measures taken to implement the LAP, how the Law works in practice, and the tasks to be accomplished to implement it further.

During the round table discussion, representatives of the Ministry of Justice also presented a report on the implementation of the Law of Ukraine on Administrative Procedure.

"The two years of implementing the Law on Administrative Procedure were extremely challenging due to the full-scale war. The Ministry of Justice played two key roles: coordinating the implementation of the Law by other authorities and ensuring its application in its own work. Some of the important results include the establishment of the first complaints review commissions. Based on the Example of the Anti-Raiding Office, we developed an effective model for such commissions, which was subsequently rolled out to other ministries and six regions (Chernihiv, Donetsk, Zakarpattia, Dnipropetrovsk, Sumy, and Chernivtsi), making it possible for individuals to effectively resolve disputes out of court," said Liudmyla Kravchenko, Deputy Minister of Justice of Ukraine.

“We see that the Law has not just been formally adopted, but is actually starting to work. However, there is still a lot of work ahead to ensure that the initiative works to its full potential, which will, of course, require joint efforts in the future,” added Larysa Bilozir, Member of Parliament of Ukraine.

Asier Santillán, Head of the European Integration, Governance and Rule of Law, Civil Society Section of the EU Delegation to Ukraine, stressed the Law’s strategic importance for EU integration.

“Full implementation of the Law ‘On Administrative Procedure’ remains a key priority on Ukraine’s path to EU membership. In the latest EU Enlargement Report, we noted significant progress in implementing the Law, despite the extreme pressures of the war. Today’s event is an excellent opportunity not only to acknowledge this progress, but also to reaffirm the EU’s strong support for a reform that is fundamental for the EU integration process. The Law reflects the values underpinning the European administrative space, as enshrined in Article 41 of the EU Charter of Fundamental Rights. It is a practical reform and a signal of Ukraine’s alignment with the European standards of public administration, making the rights of citizens and businesses real and tangible in their day-to-day interaction with the state,” underlined Asier Santillán.

In turn, Oksana Tsymbrivska, Team Leader at EU Project Pravo-Justice, emphasised the importance of comprehensive monitoring of the implementation of the Law on Administrative Procedure and the role of the judiciary in ensuring its effective application.

“For EU Project Pravo-Justice, the implementation of the Law on Administrative Procedure has been one of the key priorities from the very beginning. We have specifically focused our efforts on training judges to apply the LAP: we developed a dedicated training course in cooperation with the National School of Judges, worked with district courts in various regions, and analysed the first practical cases. Today, thanks to such monitoring, we can already see tangible results of the application of the LAP. At the same time, it is extremely important to continue this analytical work on an ongoing basis, allowing us to identify gaps and respond to them promptly,” noted Oksana Tsymbrivska.

EU Project Pravo-Justice Team Leader also noted that, with the support of the Project’s grant initiative, representatives of Pro Justice NGO are currently monitoring court cases related to the application of the LAP. The findings will be presented in a relevant analytical report this spring.

The Law of Ukraine On Administrative Procedure entered into force on 15 December 2023. Before its adoption, Ukraine was virtually the only country in Europe without such a law. Its adoption therefore marked not only an important step towards building a modern administrative system, but also a critical element in harmonising national legislation with the EU acquis.

Report on the Implementation of the Law of Ukraine On Administrative Procedure