The Cabinet of Ministers of Ukraine adopted a resolution “Some issues of payment of pensions, financial aid and salaries to employees of budgetary institutions” of 22.09.16, № 662, which defined the requirements for banks that would be able to carry out the payment of pensions, financial aid and salaries to employees of budgetary institutions. The selection of banks will be carried out following the contest of a single commission established by the Ministry of Finance, with the participation of representatives of the Ministry of Social Policy, the Ministry of Economic Development, the Treasury, the Pension Fund and the National Bank.
To be authorized for carrying out these payments could be banks with the assets, the share of which is not less than 1% of the assets of the banking system or the controlling stock interest of which is owned by the international financial and banking institutions with an international rating of investment grade from internationally recognized rating agencies, or in which the state owns a share more than 75%. Also, for the duration of the competition, the banks must meet the following requirements:
- during the last six months, the NBU did not apply measures of influence in the form of restriction, suspension or termination of transactions carried out by the bank;
- do not have a financial debt to the Deposit Insurance Fund of individuals on the payment of fees, fines, penalties;
- do not have debts on the payment of taxes and fees;
- over the past 12 months Ukraine, foreign countries - members of the Organization for Economic Cooperation and Development or EU did not apply any sanctions against them or the owners of a substantial participation in them or related parties of them;
- conduct emission of electronic payment instruments (payment cards).
Financial institutions will have three-month of the transition period to achieve compliance with the updated requirements.
The State Fiscal Service of Ukraine by its order “On approval of the State Register of cash registers” of 28.09.16, № 813 approved a new state register of cash registers (hereinafter – cash register). It should be recalled that it provides a list of models, modifications of cash registers permitted to primary registration, and cash registers, the primary modification of which is prohibited. Accordingly, the preliminary list, which was approved by order of the SFSU “On approval of the State register of payment transactions” of 16.06.16, № 535 lost its relevance.
The State Fiscal Service of Ukraine in its letter “On avoiding double taxation” of 27.09.16, № 6302/В/26-15-13-04-14 notes that certificate on the amount of income received by residents of Ukraine and paid taxes issued by the tax authorities of the Russian Federation (hereinafter – RF), does not require additional certification (consular legalization or certification by apostille) for the purposes of sub-para. 13.5 of the Tax Code of Ukraine (hereinafter - TCU). Ukraine and RF are the parties to the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of 22.01.93. This fact allows taking tax documents without any additional license.
It should be recalled that in order to be eligible for crediting of tax and fees paid outside Ukraine, the payer is required to obtain from a public authority of the country, where such income (profit) is purchased, authorized to levy such a tax, a certificate on the amount of paid taxes and fees, and also on base and/or the subject to taxation. The indicated certificate is to be the subject to legalization in the corresponding country, the appropriate foreign diplomatic institution of Ukraine, unless otherwise provided by applicable international treaties of Ukraine (sub-para. 13.5 of TCU).
The Ministry of Internal Affairs of Ukraine (hereinafter – MIA) by its order “On approval of the Commission of the Ministry of Internal Affairs of Ukraine for consideration of materials on the recognition of combatants, war veterans” of 26.08.16, № 868 determined the powers and composition of the Commission of MIA for consideration of materials on the recognition of public officials, MIA employees and employees territorial agencies of, institutions and enterprises within its sphere of control as combatants, war veterans.
Thus, the decision on granting the status of combatants is taken on the basis of the documents concerning:
- direct involvement in the performance of ATO tasks in the areas of its implementation;
- direction (arrival) on a business trip in the area of the ATO;
- stay in the areas of the ATO to implement the tasks for the protection of the independence, sovereignty and territorial integrity of Ukraine by means of direct participation in the ATO, ensuring its implementation.
Such facts can confirm excerpts from the orders of the head of the Antiterrorist Centre at the Security Service of Ukraine on bringing to conduct ATO, directives, regulations, business trip certificates, operational tasks, combat actions journals, combat reports, dislocations, books of duties, schedules of line of duty, reports, information, dispatches, special materials (service) of investigations on the facts of injuries, as well as other official documents issued by the state bodies, which contain sufficient evidence of the direct participation of the individual in the performance of the ATO tasks in areas of its implementation.
Within a month after the completion of the ATO tasks in its area, the heads of departments, subordinated to which the MIA personnel did military service or worked, should submit to the MIA Commission the mentioned above documents and a certificate of the direct participation of a person in the anti-terrorist operation, ensuring its implementation and protection of independence, sovereignty and territorial integrity of Ukraine.
If the place of permanent deployment of division or institution, organization is located directly in the area of the ATO, the heads of the departments should submit documents to the Commission for consideration within one month after the appointment of public officials, employees of MIA to the appropriate positions.
The Ministry of Social Policy of Ukraine by its order “On approval of the State standard of social services of mediation” of 17.08.16, № 892 approved the State Standard of social mediation service. It determines the content, volume, conditions and procedures for the provision of social mediation services, of indicators its quality for entities of various forms of ownership and management, which provide such a service (specialists in social work, social workers, psychologists).
It should be recalled that mediation is a process where a neutral third party (the mediator) helps to solve the conflict contributing to the development of a voluntary agreement between the parties, which conflict. The mediator facilitates the process of dialogue between the parties, helps to understand deeper their positions and interests, looks for effective ways to solve the problem by allowing the parties to come to an agreement.
This norm is aimed to organize the provision of social services to persons/families that are in difficult circumstances, monitoring and control of the quality of their provision. They will be provided free of charge or with the differentiated payment.
The social services will be provided based on the application of the recipient of a social service (legal representative), which should be considered within 10 working days and making a decision on the provision of services.
The Ministry of Justice of Ukraine on its official website explained that according to the requirements of the current legislation, in fact accommodations cannot be taken from the debtors of public services for repayment of the utility payments. The current legislation guarantees the protection of the human right to housing, which is enshrined in the Constitution of Ukraine. In particular, it is forbidden to take the only housing of the debtor and the land plot on which it is located.
In order to protect children’s rights, the law prohibits the alienation of immovable property where the minors are registered. In such cases, it is required prior permission of the guardianship and trusteeship authorities.
At the same time the procedure for the recovery of property of the debtor requires that first of all the debt to be repaid at the expense of the debtor, and in the absence of funds - other property and only in extreme cases - at the expense of housing recovery.
The State Service of Ukraine on labor issues in its letter “On the certificate of the medical and social expert commission upon entry into employment” of 04.05.16, № 5081/4/4.1-ДП-16 pays attention to an important detail: the medical and social expert commission (hereinafter - MSEC) can establish that the health of the invalid prevents the execution of professional duties, threatens the health and safety of working of other people or continuation of employment or change in its nature and volume threatens the health deterioration of the person. In this case, it should be noted in the certificate to the act of MSEC inspection.
Therefore, a disabled person when getting a job should submit specified certificate, in order that a prospective employer could find out about the presence/absence of contraindications. In any case, a copy of such a certificate should be leaved in the company (with certification of its compliance with the presentation of the originals). If it will be denied in the employment due to the contraindications, then the document will confirm the validity of the refusal. And if there are no any obstacle, and a disabled person is hired, then a certified copy, in particular, can be the basis for the application of a reduced rate of the unified social contribution.
