Legislative Review

14 -18 October 2013. There are amended the Procedure for audits conducting of issuers of securities

The Verkhovna Rada of Ukraine adopted the Law № 564-VII “On Amendments to Article 59 of the Law of Ukraine “On the use of nuclear energy and radiation safety” regarding the crossing via the customs border of Ukraine and customs clearance of radioactive materials” of 17.09.2013.

The Verkhovna Rada of Ukraine adopted the Law “On Amendments to Section V ”Final Provisions” of the Law of Ukraine ”On regulation of urban development” regarding suspension of the prohibition on the allocation of a land plot” № 606-VII of 19.09.2013, by which is suspended prohibition in the allocation of land plots. The document is allowed to January 1, 2015 in the areas where it is not approved zoning plans or detailed plans of territories:

- to transfer (grant) the land plots from the state or municipal property in the ownership or use of individuals and legal entities for urban planning needs;

- to change the designated purpose of the land.

The Cabinet of Ministers of Ukraine by resolution № 727 of 02.10.2013”On amendments to paragraph 2 of the Regulation on the procedure for imposition and exaction of fines for violation of the consumer protection legislation, decided to fine the economic entities for the restriction or denial of the rights of consumers regarding the free choice of products and its forms of payment. Sum of the penalty is 8500 UAH.

The Ministry of Social Policy of Ukraine by the letter № 23/06/187-13 of 09.04.2013, regarding employment record book of deceased employee reported that in the case of death of the employee employment record book is handed to his immediate family members against signed acknowledgement or sent by post on request. In the employment record book of deceased employee in the section “Information about the work” and the date of entry in column 3 is made an entry: “Work stopped due to the death”, then – filled column 4 – the date and number of the order (directive). This record shall be certified in the prescribed manner.

The Ministry of Revenues and Duties of Ukraine by the letter № 5074/6/99-99-17-02-01-15 of 17.06.2013 clarified issues regarding recognition in the income tax return on №1-ДФ form PIT compensation amounts, withheld from pay service, cash bonuses and other payments of the military servicemen. The ministry reported: monetary compensation of tax on personal income, withheld from pay service, cash bonuses and other payments of the military servicemen, is not displayed in the income tax return on №1-ДФ form, because it is not subject to taxation.

The Ministry of Revenues and Duties of Ukraine by the letter № 18803/7/99-99-19-04-02-17 of 20.09.2013 clarified issues regarding of mapping by an agricultural enterprise-subject of a special regime of taxation on value-added of prepayment operations (advance payment) for delivery of agricultural products of the future harvest. The Ministry reports: if agricultural commodity producer-subject of special tax regime under the terms of the concluded contract receives advance payment for agricultural products of own production, on the date of prepayment for such products of own production (first event) it determines the tax liability in a transaction of such goods/services supply, make out tax invoice to the buyer on such transaction following the standard procedure. In the future, such operation should be recorded by subject of special tax regime in the tax return on the value added tax with a mark “'0121”/”0122”/”0123”, which is provided on the results of the corresponding reporting period in which received the prepayment for agricultural products.

The Ministry of Energy and Coal Industry of Ukraine by the order № 673 of 18.09.2013 approved the Safety Regulations for operation during the autoclave moulding and gluing of parts and assemblies which apply to all economic entities regardless of ownership and legal forms, whose activities are related to the autoclave moulding and gluing of parts and assemblies.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by decision № 1464 of 13.08.2013 “On approval of the Regulation for certification of specialists for stock market” approved a requirement which stipulates that only experts with impeccable business reputation can be certified to carry out activities related direct implementation of professional activity on the stock market. To confirm the impeccable reputation specialists will need to fill out a questionnaire which is supplied together with other documents for the certification.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by decision № 1753 of 10.09.2013 approved the Regulations on the composition and structure of assets of collective investment scheme. Requirements relating to the structure of assets of collective investment scheme established by the Law “On collective investment scheme” and the aforementioned Regulations shall apply to:

  • unit investment fund within six months from the date of issue prospectus registration of the fund's investment certificates by NSSMC;
  • corporate investment fund within six months from the date of registration of the rules of such fund by NSSMC.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by decision № 1600 of 28.08.2013 changed the Procedure for audits conducting of issuers of securities by which:

  • established that as the date, from which starts the time limin counting for determining of the next scheduled inspection beginning, is the date of the end of the previous scheduled inspection;
  • obliged NSSMC not only to notify the issuer about conducting of scheduled inspection, but also by placing of the schedule of inspections on its official website;
  • expand the list of reasons for unscheduled inspections.

The National Commission for Regulation of Communal Services Market by the decision № 169 of 20.09.2013 approved the Procedure for determining of the regulatory base of natural monopoly entities assets engaged in economic activities on heating energy by main and local (distribution) thermal systems. Procedure applies to the subjects of natural monopolies which have implemented or intend to carry out economic activities on transportation of heat energy by main and local (distribution) heating networks on the basis of the relevant licenses issued by the National Commission for Regulation of Communal Services Market and decided to use the stimulating regulation.

The National Commission for Regulation of Communal Services Market by the decision № 170 of 20.09.2013 approved the Procedure for determining of the regulatory base of natural monopoly entities assets engaged in economic activity on centralized water supply and wastewater disposal.

The State Commission for Regulation of Financial Services Markets in Ukraine by the order № 2362 of 18.07.2013 established the Procedure for agreement of the organization charter (changes in the charter) and the registration of pension schemes (changes to the pension scheme) of non-state pension fund. Charter of the pension fund is submitting at agreement in the State Commission for Regulation of Financial Services Markets in Ukraine for state registration of the pension fund as a legal entity. Pension schemes submitted for registration to the State Commission for Regulation of Financial Services Markets in Ukraine after entering of pension fund in State Register of financial institutions.

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