The Cabinet of Ministers of Ukraine approved the formalizing procedure and issuing of the Certificate of the registration of in-migrants from the Crimea and ATO areas by the Resolution “On the registration of persons who move from the temporarily occupied territory of Ukraine and areas of anti-terrorist operation” of 01.10.14, № 509.
An adult person should apply to the social protection authorities personally or through the legitimate representative with the statement in the prescribed form and with passport (a document that replaces it) to formalize such Certificate. The child’s guardian, overseer or the legitimate representative should submit such statement for non-adults who move without their parents or other family members. In addition, the Housing Management Office employees or other authorized persons may receive the statements and issue the Certificates at the in-migrants’ place of residence.
If the legitimate representative of the in-migrant submits the statement, the identity documents and documents certifying the authority as representative (parents and adopters are allowed not to submit the last document) should be added.
We emphasize that the in-migrant will receive the Certificate free of charge on the day of submitting the statement.
When the place of temporary residence is changed, you should apply for the Certificate (the previous should be severed) to another social protection authority.
If the Certificate is lost or corrupted, you may get the duplicate in the social protection authority (upon the application of the Certificate owner).
This document is required to obtain monthly monetary support. It should be reminded that the register of the taxpayers with the Crimean “registration” are kept in USTIA of Genichensk.
The State Fiscal Service of Ukraine reported on its official website: if a resident entity of Ukraine transfers his/her business from the Crimea to the mainland Ukraine, his/her capital assets (hereinafter – CA) and expendable supplies (hereinafter – ES) are exempt from the tax and from the import duties. But it concerns those CA and ES, which the company:
- will use in business activities;
- had on its balance 01.01.14 in free circulation within Ukraine.
Thus, the statement of account 10 “Capital assets” could be the CA confirmation on the balance sheet for the customs inspectors.
Preparing the custom declaration, the code of exemptions on the duties payments “166” should be noted in the box 36, and in the box 47 - imputed taxes with the method of payment “06”.
The State Fiscal Service of Ukraine in its letter “On the Origin Certificate of Goods form “У-1” of 07.10.14, № 6547/7/99-99-29-02-08-17 reported that the Crimean goods will be imported only with the Origin Certificate.
Let us recall that from September 27 the territory of the occupied Crimea was declared the free trade zone for the next 10 years. The free custom zone was established inside the territory of peninsula. And the goods, which are produced, processed enough or imported into the customs area of Ukraine and released for the free circulation in the occupied peninsula, are considered to be the goods of Ukrainian origin. It is possible to move them freely to another territory of Ukraine under condition of submitting the Origin Certificate, issued by the Chambers of Commerce in mainland Ukraine.
In this regard the taxmen reported: it is required to have the Origin Certificate of Goods form “У-1” for the proof of origin the goods from the FEZ “Crimea”. This document must be certified by the seal and authorized signatures of the Chambers of Commerce persons.
The Ministry of Social Policy of Ukraine in its letter “On the limitation periods applied to labor disputes” of 06.10.14, № 3050/0/06/14 clarified the procedure for application of limitation periods in the labor disputes (Art.258 of the Civil Code of Ukraine). According to the Art.259 of the CCU, the total limitation period, established by the law (3 years), could be increased by the parties’ agreement (in written form).
However, it is impossible to shorten the terms by the agreement. Actually, the Code of Laws on Labour, but not the Civil Code of Ukraine, regulates all issues concerning the limitation periods in the sphere of work arrangements. After all, it is provided in Art.9 of the CCU: its provisions are applied to the regularization of relationships arising in the spheres of natural resources utilization and environment protection, as well as to the work arrangements and family relations, if they are not regulated by other legal acts. Instead, all nuances of work arrangements are clearly described in the Code of Laws on Labour.
It is noted in the Ministry of Social policy: the worker could petition for the resolution of labor disputes to the district court, the district court in the city, city court or to the municipal and district court within three months from the day when the worker learned or should have learned about the violation of worker’s right. In dismissal cases – within one month from the date of delivery of a copy of order for dismissal or from the date of the employment book issuing.
The worker is entitled to apply to the court with a lawsuit for recovery of wages, which are due to the worker, without terms restraints in the case of violation of the labor protection legislation. All the terms of the employment contract, which worsen job conditions compared to the labour legislation of Ukraine, are invalid (Art.9 of the LC).
The National Mediation and Conciliation Service of Ukraine (hereinafter – the NMCS) by the Order of 26.09.14, № 65 “On approval of the Regulation on the procedure and time for consideration by the employer or his/her authorized representative, employers' organization, Association of Employers Organizations of the requirements of employees, labor union” approved a new Regulation on the procedure and time for consideration by the employer or his/her authorized representative, employers' organization, Association of Employers Organizations of the requirements of employees, labor union (hereinafter – Regulation).
The document applies to employers' organizations and Associations of Employers Organizations. The new Regulation defines also the time of origin of the collective employment dispute (conflict) – the separate chapter is for this issue. It is noted in it: the collective conflict arose from the time when the authorized representative body of the employees or the labor union received the report from the employer about the complete or partial refusal to satisfy the collective requirements and decided to object it. The collective employment dispute arises also from the time when the time for claims consideration ends but there are no any responses from the employer.
In addition, the representative body of the employees or the labor union is obliged to inform, in written form, the employer, local government agencies, the local authority at the location of the company and the NMCS (in the event of a dispute at the national and sector level) or the NMCS department (in the event of a dispute at the industry and territorial level).
The National Mediation and Conciliation Service of Ukraine approved a new Regulation on the procedure of formation and approval of the requirements of employees, labor unions (hereinafter – Regulation) by the Order “On Approval of the Procedure of formation and approval requirements of employees, labor unions” of 26.09.14, № 66.
The reasons for termination of the authority of the persons who are the part of the representative body of the employees in the collective employment dispute are detailed in the new Regulation. In particular, the authority is terminated, if the representative:
- self-disqualified;
- failed to fulfill the obligations to the employees in collective labor disputes;
- is in a long business trip;
- is a part of the Armed Forces of Ukraine.
In particular, not only the employer (earlier the owner) or the authorized body are entitled to participate in the work of the general meetings (conferences) of the employees but the employers' organization or the associations of such organizations.
The representational norms of the employees are on the same level. The forms of minutes of the employees’ meetings and employees’ conferences, which document their requirements, are updated.
