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Publication date: 12.05.2024
Lawyer
The loss of the resident status of "Diia.City" is a sad event for businesses and individuals working in this specialized zone, designed to promote the digital economy in Ukraine. Let's consider in detail the reasons for losing Diia.City resident status:
**1. Termination Statement:**
- A resident of Diia.City may voluntarily request termination of resident status by submitting an application to the authorized Diia.City control body.
**2. Inadequacy:**
- If a resident does not comply with the requirements set forth in Article 5 of the Law on Diia.City, he may lose his resident status. Non-compliance can be identified through the submission of compliance reports or independent findings.
**3. Inconsistency detected:**
- The authorized body can detect cases of non-compliance through information obtained from state registers, databases or competent authorities. If a resident does not meet the established requirements, he risks losing his Diia.City resident status.
**4. Late submission of reports:**
- Residents are required to submit performance reports within the specified time limits. Failure to submit these reports on time or repeated delays may result in loss of resident status.
**5. Legal solutions:**
- If a court decision confirms that a Diia.City resident does not meet the requirements set forth in Article 5 of the law, he may be deprived of his resident status.
**Decision making process:**
- The authorized body considers applications and information regarding non-compliance within the established time limits of five to twenty working days, depending on the circumstances.
**Notices and Explanations:**
- If signs of non-compliance are detected, the authorized body notifies the resident by e-mail, giving details of the situation and demanding explanations within a specified period.
**Overview of information:**
- Information indicating potential non-compliance cannot be the sole reason for revoking resident status. Before making a decision, the authorized body must conduct a thorough review.
**Elimination of grounds:**
- If the grounds for revocation are eliminated before the decision is made, the resident can keep his status. However, this should be confirmed by information obtained from relevant sources.
**Publication of the decision:**
– After the decision is made, it is published on the official website of the authorized body and sent to the resident by e-mail together with a detailed explanation of the reasons for the decision.
**Effectiveness:**
- The decision on deprivation of resident status enters into force from the day of its issuance. The authorized body updates the Diia.City register in accordance with the status change.
In summary, the loss of Diia.City resident status can occur for various reasons, including non-compliance, late reporting or court decisions. The process involves thorough analysis, reporting and explanation to ensure transparency and accountability in the Diia.City ecosystem.
** Appealing the decision on the loss of Diia.City resident status **
Residents of Diia.City, the digital innovation center of Ukraine, enjoy certain privileges and benefits provided by resident status. However, if a person faces a decision to deprive him of this status, he has the right to appeal it administratively. Here's a breakdown of the process:
**1. Right to appeal:**
- After receiving a decision from the authorized body about the loss of Diia.City resident status, natural persons have the right to appeal it within 10 working days from the day the decision is made public.
**2. Formation of the appeal commission:**
- The authorized body is responsible for creating an appeal commission to consider complaints about the loss of resident status. The composition of this commission is carefully selected, half of its composition is representatives of the public, elected in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.
**3. Composition of the commission:**
- The personnel composition of the appeal commission is approved by the authorized body, ensuring its compliance with the requirements established by law. Importantly, individuals involved in the initial decision to revoke resident status cannot participate in the review process.
**4. Objective review:**
- The Appeals Commission is tasked with conducting an objective review of the appeal against the decision to revoke the resident status of "Diia.City". This ensures fairness and impartiality in the appeals process.
**5. Transparency and accountability:**
- When considering appeals, we adhere to transparency and accountability in order to preserve the integrity of Diia.City's legal framework. Decisions of the appeal commission are based on careful consideration and compliance with legal principles.
**6. Protection of rights:**
- The appeal process gives Diia.City residents the opportunity to protect their rights and interests. This allows individuals to challenge decisions that they believe are unfair or based on incorrect information.
**7. Legal guarantees:**
- By offering the opportunity to appeal the decision on the loss of resident status, the administrative procedure provides residents of "Diia.City" with legal rights safeguards and due process.
**8. Timely solution:**
- The appeal process is carried out within a specified period to ensure timely resolution of complaints. This allows individuals to seek redress efficiently and effectively.
To sum up, the administrative procedure for appealing decisions on the loss of Diia.City resident status is an important mechanism for protecting the rights and interests of individuals in the digital innovation hub. It promotes transparency, accountability and integrity in the regulatory framework, which ultimately contributes to the integrity and reputation of Diia.City as a leading center for digital innovation in Ukraine.
