Legislative Review

February 10 – 14, 2025. The Ministry of Finance adjusted NAS 1 and NAS 25

The Verkhovna Rada of Ukraine voted for bill No. 12306 on factoring as a basis.

The draft law provides for improving the regulation of factoring in Ukraine and certain provisions of the current laws of Ukraine relating to the provision of factoring services.

The provisions of the draft Law are aimed at:

  • implementation into the legislation of Ukraine of the provisions of the Model Law on Factoring of the International Institute for the Unification of Private Law, which will bring Ukrainian factoring closer to the best international counterparts;
  • introduction of state registration of assignment of the right of claim, which will reduce the risk of fraud during factoring activities and promote transparency of the factoring market;
  • determining the subject and content of the factoring agreement;
  • determining the priority of assignment of the right to a monetary claim;
  • delimitation of regulation of trade factoring and financial debt operations. At the same time, the activities of companies providing services for the assignment of claims under consumer credit agreements will be carried out within the framework of a financial company license.

Such a license provides for the right to provide funds on credit and will be incompatible with the provision of trade factoring services.

The National Bank of Ukraine, by its Resolution No. 17 of February 11, 2025, established the criterion for determining institutions that are of importance for sectors of the national economy in the field of compulsory civil liability insurance of owners of land vehicles.

According to this criterion the institution is the only association of insurers that provide civil liability insurance for owners of land vehicles, which is carried out in accordance with the Law "On Compulsory Civil Liability Insurance for Owners of Land Vehicles", for damage caused to third parties.

Resolution No. 17 will enter into force on the day following its official publication. As of the date of preparation of the material, the resolution has not been officially published.

The Ministry of Agrarian Policy and Food of Ukraine approved the Rules for conducting laboratory tests of milk and dairy products in agri-food markets.

The rules for conducting laboratory research (tests) provide for the improvement of measures for the proper circulation of milk and dairy products in the agri-food markets of Ukraine. In particular:

  • requirements for sampling raw milk and dairy products are introduced,
  • quality and safety indicators for raw milk and dairy products and the frequency of monitoring these indicators are determined.
  • requirements for conducting laboratory research (tests) of raw milk and dairy products made from it (except for industrially produced products) that are put into circulation by milk and dairy product market operators, including small-scale producers, to the end consumer through agri-food markets are established.

The Cabinet of Ministers of Ukraine has approved new rules for commercial services for the population. The document establishes clearer rules for trade, strengthens consumer protection, including in the field of online trade. The new rules will come into force after the end of martial law, when the updated law on consumer protection fully comes into force.

The updated rules contain both improved standards of the current ones and new requirements - in particular, regarding ensuring the accessibility of shops and public catering establishments for people with disabilities. For example, there must be ramps, special parking spaces, as well as the opportunity to receive assistance from the seller. Mobile retail outlets must not prevent people with disabilities and other groups of people with reduced mobility from accessing transport and other facilities.

The rules also:

  • expand the rights of consumers to receive information in digital format about goods and sellers. In particular, such information will be available by scanning a QR code in the consumer corner. If necessary, the buyer can ask to provide information for review in paper form;
  • improve the organization of trade and production in stores. For example, they provide for the presence of separate rooms or places in retail establishments for employees to keep things;
  • specify the requirements for the use of measuring instruments (scales, etc.), which must be accurate and comply with the requirements of the legislation on metrology and metrological activities;
  • define requirements for companies engaged in network trading — they must have warehouses and sell goods through their agents or deliver them to buyers. Online stores must provide complete information about the product and the seller;
  • clearly regulate wholesale trade, including through online stores;
  • prohibit the sale of products that look like food but are not edible (for example, toys in the form of fruit), as this can be dangerous, especially for children.

The Ministry of Finance of Ukraine, by Order No. 29 of January 23, 2025, amended NAS 1 "General Requirements for Financial Reporting" and NAS 25 "Simplified Financial Reporting".

In particular, the term "national accounting standard" has been brought into line with the Law on Accounting and the definition of the cost of products sold (goods, works, services) by micro-enterprises has been clarified.

Thus, NAS 25 specifies that the article “Cost of products sold (goods, works, services)” indicates the production cost of products sold (works, services) and/or the cost of goods sold, determined in accordance with NAS 16 “Expenses”.

Order No. 29 comes into force on the day of its official publication. As of the date of preparation of the material, the document has not been officially published.

The National Bank of Ukraine by Resolution No. 14 of February 7, 2025 "On Approval of Amendments to the Instructions on Non-Cash Settlements in the National Currency of Payment Service Users" determined the features of the implementation of instant credit transfers by payment service providers.

Such a payment transaction is provided for by amendments to the Law of Ukraine "On Payment Services", which entered into force on November 8, 2024.

Thus, the National Bank has stipulated that the instant credit transfer service must be provided to the user 24 hours a day and on any calendar day. Instant credit transfers in the payment system must be performed in accordance with its rules and in compliance with the requirements of the legislation on payment services.

In addition, the National Bank has determined, in particular:

  • actions of the payer's and payee's payment service providers when providing the instant credit transfer service;
  • the payer's right to set the maximum amount of funds that can be sent by him using an instant credit transfer, within the limit that may be set by the National Bank.

The President of Ukraine signed Law No. 4223-IX of January 15, 2025 "On the Mental Health Care System". Its goal is to create a modern, effective, and coordinated system that will meet European norms and standards and work for all citizens of the country.

The adopted law establishes the rules and principles of the mental health care system in Ukraine. It is aimed at ensuring access to quality services, protecting the rights of people with mental disorders and other mental health problems, preventing the occurrence of mental disorders, and eliminating harmful factors affecting the mental health of Ukrainians.

The normative act lays the foundation for a future where mental health is a priority and issues related to it are integrated into all spheres of life. It provides for clear powers, as well as close cooperation between central and local authorities and non-governmental organizations. To coordinate services in this area, the National Commission on Mental Health is being established - a permanent collegial body within the Cabinet of Ministers of Ukraine.

One of the most important points stipulated by the law is the introduction of a system of continuous professional development and certification of mental health professionals. Thus, the document provides for uniform standards of certification by professional areas of work of psychologists (at the National Commission) and certification of psychotherapists by self-regulatory organizations (SROs) that have international recognition. Every Ukrainian will have a guarantee that they are addressing a real specialist, and specialists, in turn, will be able to receive official recognition.

In addition, the law introduces clear definitions of such concepts as "mental health", "mental health service", "mental health service provider", "mental health professionals" and others necessary for high-quality legal regulation of this area.

The law also provides for creating conditions for the development of a system of professional self-regulation and training in this area, in particular, the possibility of professional associations of specialists to acquire the status of self-regulatory organizations.

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