Legislative Review

February 9 – 13, 2026. Unified rules for evaluating proposals in public procurement established

The Cabinet of Ministers of Ukraine has approved amendments to the rules for public procurement, which are designed to establish a unified approach to evaluating the proposals of procurement participants/suppliers in the electronic catalog (residents and non-residents).

Proposals of procurement participants/suppliers in the electronic catalog will be listed excluding value added tax. Accordingly, the evaluation of proposals will be carried out excluding VAT, which will allow to level the impact of different taxation systems on the evaluation results.

The key changes are as follows:

  • Prozorro system will compare the prices of all participants "clean", excluding taxes. This will allow you to choose the truly most economically advantageous offer;
  • Customers will indicate the expected purchase price in their announcements excluding VAT, which will make the terms of the competition clear to everyone, including foreign companies;
  • Non-VAT payers will continue to be able to freely participate in the bidding process. However, if a VAT payer wins, the tax amount will be added to the contract price, as required by law;

In order to prepare businesses and the procurement sector for the new rules, they have been set to come into force on July 1, 2026.

The Verkhovna Rada of Ukraine adopted a Law that clarifies the rules for conscription for military service during mobilization for a certain category of citizens (basic draft law No. 13574).

In particular, it establishes that conscripts and reservists aged 18 to 25 who, during martial law, completed a year of service under a contract and were discharged on grounds specified by law, are not subject to automatic conscription for 12 months after discharge. At the same time, they may be called up for service only with their own consent.

Thus, the Law creates a certain "grace period" for young contract soldiers after the completion of the one-year contract, while maintaining the possibility of their voluntary enlistment in the service.

The law shall enter into force on the day following its publication.

The State Service for Special Communications and Information Protection of Ukraine has supplemented the open list of software and communication (network) equipment prohibited for use. 13 new items have been added to the list.

The creation of the list, which is provided for by Resolution of the Cabinet of Ministers of Ukraine No. 1335 of October 22, 2025, is a systemic step towards strengthening the protection of state information resources and critical infrastructure facilities from modern cyber threats .

In accordance with the approved procedure, the Administration of the State Special Communications Service forms and maintains the specified list.

It is a centralized and official source of information for state authorities, local governments, military formations, state-owned enterprises, and critical infrastructure operators regarding technological solutions, the use of which creates unacceptable risks to national security.

The list is public information in the form of open data.

You can find it on the official website. State Service for Special Communications in the "Activities" section - "List of software and communication (network) equipment prohibited for use".

The list will continue to be updated in accordance with the Ukrainian sanctions list, international sanctions, as well as court decisions.

The existence of such a list is intended to simplify procurement processes and risk management for government agencies and critical infrastructure facilities.

Refusal to use software and communication equipment that may contain hidden vulnerabilities or be used for espionage and sabotage is a guarantee of ensuring the stability of the state in the conditions of full-scale aggression by the Russian Federation.

The National Bank of Ukraine, by letter No. 25-0010/5439 dated January 21, 2026, provided banks with detailed recommendations on strengthening financial monitoring and applying a risk-based approach. The document was prepared based on the results of supervisory actions and is aimed at preventing the use of banking services for money laundering, terrorist financing, and other illegal purposes.

The NBU draws attention to the fact that banks often take a formal approach to checking clients who have signs of shell companies. The regulator has recognized this approach as ineffective.

The bank has:

  • detect even one risk criterion that may indicate fictitious activity;
  • require a set of supporting documents, and not be limited to the client's explanations;
  • assess the client's real financial ability to conduct the declared volume of transactions;
  • document all decisions and actions within the framework of financial monitoring.

If the clients cannot confirm real business activity, they are assigned an unacceptably high risk with the application of enhanced verification measures.

The NBU recommends paying special attention to business entities, including individual entrepreneurs, in particular if:

  • the individual entrepreneur has been registered for less than a year;
  • the manager or beneficiary has recently changed;
  • before the start of active operations, the account was “empty” for a long time;
  • the volumes of transactions significantly exceed those declared or permitted for the EP group;
  • there is no profit at high turnover.

For such customers, banks may apply transaction limits, time restrictions, or additional audits.

The NBU has recorded cases where clients, after terminating relations with one bank:

  • transferred funds to another bank;
  • opened accounts for other sole proprietors or individuals ;
  • in a short time, returned their funds back to the first bank.

Such actions have signs of deliberate circumvention of financial monitoring restrictions. In this regard, the NBU recommends that banks:

  • to maintain internal lists of customers who have been denied service;
  • to perform automatic screening of related parties;
  • to more actively use the right to exchange information between banks.

The regulator directly emphasizes: financial monitoring cannot be formal. Banks must:

  • act in advance;
  • use automated transaction analysis systems;
  • verify transactions before they are carried out, not after the fact;
  • train employees and strengthen communication with customers.

The Ministry of Economy of Ukraine, by order No. 829 of January 20, 2026, amended the Calculation of the Share of Agricultural Commodity Production, approved by Order of the Ministry of Agrarian Policy No. 772 of December 26, 2011. Subsequently, it was further amended by Order No. 1370 of January 29, 2026.

In accordance with subparagraph "a" of subparagraph 4 of item 291.4 of the Labor Code of Ukraine, only those agricultural producers whose share of agricultural production in the previous year is not less than 75% have the right to be in group IV.

Every year, by February 20, agricultural producers must submit a Calculation of the Share of Agricultural Production to switch to EP or to annually confirm the status of EP payer:

  • in the form approved by the relevant agrarian policy body in agreement with the Ministry of Finance;
  • by location and/or by location of land plots.

On October 5, 2025, Law No. 4577-IX came into force, which changed the taxation rules for legal entities - single tax payers of group IV. In particular, such payers are now obliged to pay taxes on income received from:

  • sale or disposal of securities;
  • receiving income from the issuer of corporate rights, investment certificates, etc.

At the same time, according to item 291.4.8 of the Tax Code of Ukraine, these revenues should not be included in the total amount of revenue when determining the share of agricultural production .

That is why the Ministry of Economy made changes to the Settlement form to take into account the new norms of the Tax Code.

The following changes are made to the order of the Ministry of Economy:

  • the Calculation form has been supplemented with a new indicator - the amount of income from transactions with securities and investment certificates , which must be excluded from total income to determine the share;
  • it is clarified that enterprises that keep records according to IFRS may use the corresponding sub-accounts, if this does not contradict the standards.

Thus, the form ensures the correct calculation of the share of agricultural production and compliance with legislative changes.

Orders No. 829 and No. 1370 entered into force on February 6, 2026.

The Cabinet of Ministers of Ukraine, by its resolution "On Amendments to the Procedure for Organizing the Maintenance of the Electronic Register of Sickness Certificates and Providing the Relevant Information," updates the procedure for maintaining the Electronic Register of Sickness Certificates.

The need for changes is due to the entry into force of a number of laws, in particular:

  • Law No. 3911-IX of August 21, 2024 on the regulation of issues in the fields of healthcare, rehabilitation and social protection;
  • Law No. 4158-IX of December 18, 2024 on mandatory state social insurance;
  • Law "On Public Electronic Registers".

The project proposes to set out the Procedure in a new version.

The text of the Procedure details the payment rules:

  • the first 5 days of temporary incapacity for work (as before, at the expense of the employer);
  • the first 17 days - in the event of an insured event related to an accident at work or occupational disease (at the expense of the employer at the place of work where the insured event occurred).

These changes are consistent with the provisions of Law No. 4158-IX.

The electronic register of disability certificates remains a component of the register of insured persons in the system of mandatory state social insurance.

The document also:

  • brings the norms into line with current legislation;
  • updates references to laws and bylaws;
  • provides for technical modernization of provisions (in particular, regarding EDRPOU).

It is intended to define procedures for processing data on the referral of military personnel for treatment or rehabilitation and their stay outside the location of the military unit.

The subjects of information exchange are defined as:

  • the National Health Service of Ukraine;
  • the Pension Fund of Ukraine;
  • the Ministry of Defense of Ukraine.

The Cabinet of Ministers of Ukraine submitted draft law No. 15014 "On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine Regarding the Definition of the Circle of Local Government Officials" to the Verkhovna Rada.

The document provides for the specification of the list of local government officials for the purposes of applying certain provisions of the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine.

The draft law proposes to reword subparagraph 3 of item 3 of the note to Article 368 of the Criminal Code. Instead of a general formulation regarding officials of the first and second categories, it is proposed to directly define a list of specific positions.

This list is planned to include:

  • heads of regional councils;
  • deputy chairmen of regional councils;
  • Kyiv, Sevastopol, Simferopol city mayors;
  • mayors of cities - regional centers;
  • Deputy Mayor - Secretary of the Kyiv City Council;
  • Deputy Mayors of Sevastopol.

A similar approach is proposed to be applied to Article 216 of the Criminal Procedure Code. It is envisaged to replace the generalized wording regarding “local government officials of the first and second categories” with a specific list of positions, similar to that defined in the amendments to the Criminal Procedure Code.

Thus, the legislator proposes to move from a categorical definition of positions to a clear list of specific officials.

If adopted, the Law will enter into force on the day following the day of its publication, but not earlier than the day of entry into force of Law of Ukraine No. 3077-IX "On Service in Local Government Bodies" of May 2, 2023.

The proposed changes are aimed at eliminating legal uncertainty regarding the circle of local government officials to whom certain criminal law and procedural norms apply. The specification of the list of positions should ensure a more unambiguous application of the norms of the Criminal Code and the Code of Criminal Procedure in the practice of law enforcement agencies and courts.

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