Legislative Review

15-19 September 2014. The EU Association Agreement is ratified

The President of Ukraine signed the Law of Ukraine “On sanctions” of 14.08.14, № 1644-VІІ. Thus, the sanctions on the part of Ukraine could be applied against the aggressor country from 12 September 2014.

The aim of the law is the protection of national interests, national security, sovereignty and territorial integrity of Ukraine, countering the terrorist activities as well as prevention of violation, renewal of violated rights, liberties and legitimate interests of our citizens.

The sanctions on the part of Ukraine could be applied against countries, which commit terrorist activities, foreign legal entities, legal entity, that is controlled by the foreign legal entity or non-resident individual, foreigners, stateless citizens.

The Law on sanctions provides for 25 different kinds of sanctions for the terrorist country and foreign legal entities, which constitute a threat to Ukraine.

The appropriate proposals on implementations, cancellation and amendments to the sanctions are introduced by the VRU, the President of Ukraine, the Cabinet, the NBU and the SSU. The National Security and Defense Council of Ukraine will consider these proposals.

The Verkhovna Rada of Ukraine ratified the Association Agreement with the European Union. 355 People's Deputies voted for this decision.

The President of Ukraine signed the document directly in the Parliament hall. 535 Deputies in the European Parliament voted for the ratification.

Having signed the Law, Petro Poroshenko declared that all required procedures were executed and the agreement would come into effect from 1 November 2014.

The Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to the Law of Ukraine “On protection of rights and freedoms of citizens and the legal regime on the temporarily occupied territory of Ukraine” on the place of residence and the right to education” of 12.08.14, № 1635-VII.

The document regulated the legal relations and the procedures for citizens who left the occupied territory to study in mainland Ukraine.

Thus, at the request of these citizens, the subdivisions of migration service issue the certificates confirming the place of their residence. Such certificates are issued to them at the day of the appeal in terms of the passport of the citizen of Ukraine or other identifying document provided for by the Law and the written application where the de facto address is. At that, the information (mark), about the place of residence of such person, is not added to his/her passport. The specified persons are entitled for the education (continuing education) at the expense of the State Budget according to the approved education conditions for the relevant year. These persons have the right to get places in the halls of residence during the education. If they were not included in the list of state order for studying at the expense of the Budget, at the request of University, the central administration of the executive authority provides (places) the additional places of state order considering the course, chosen by the applicants, in accordance with the procedures established by the Cabinet of Ministers of Ukraine.

The Cabinet of Ministers of Ukraine determined, by the Resolution “The issue of restrictions introduction on the auditing by the State inspections and other controlling authorities” of 13.08.14, № 408, to whom the Government should issue the “greenlight” for checking taxpayers.

The Cabinet approved the list according to which the authorization to conduct the inspections of enterprises, institutions, organizations, individuals-entrepreneurs should be issued,  due to the implementation of Article 31 of the Law “On State Budget of Ukraine for 2014” of the restrictions on the auditing by the State inspections and other controlling authorities. 61 controlling authorities are included in the list.

In addition, the officials noted: it is not required the Cabinet permission, providing that auditing upon court order, at the request of the officials in cases, provided for by the Criminal Procedure Code of Ukraine.

The Cabinet of Ministers of Ukraine by the Resolution “On Amendments to the Registration Procedure, reregistration of unemployed population and keeping records of persons looking for work” of 27.08.14, № 403 determined that 30 days term, during which the unemployed should visit the employment bureau at least once, could be extended in case of:

- valid reasons. At that, this valid reason should be confirmed by the relevant documents. The valid reasons are: illness of a citizen, death of family members and relatives, care for a sick child under 14 years old, visit a hospital, judiciary and law enforcement authorities, regional draft boards, other government agencies, and other circumstances that make it impossible to visit the employment bureau.

- force majeure. The citizens are allowed not to visit the employment bureau in case of emergency. The relevant authority should confirm the occurrence of the situation at the request of the employment bureau.

The Cabinet of Ministers of Ukraine by the Resolution “On the establishment of State social standards of housing and public utilities” of 06.08.14, № 409 established the social housing standards and social norms of using the housing and public utility services, and regarding them the benefits are granted, for the citizens who have the subsidies for expenses for housing and public utilities.

For example, the social standards for using the gas supply services are established in the following amounts: having a gas stove and centralized hot water supply – 6 cu m per person, if there is a gas stove but no any centralized hot water supply and gas water heater – 9 cu m per person; but if there are gas stove and gas water heater – 18 cu m per person. At that, earlier, the gas consumption standards under those conditions were 9.8; 18.3 and 23.6 cu m per person respectively.

It should be noted that subsidy for reimbursement payment of housing and public utility services should be appointed in the amount of social standards for use of relative services.

The Cabinet of Ministers of Ukraine by the Resolution “On approval of the Procedure of war participant status to persons who defended the independence, sovereignty and territorial integrity of Ukraine and took part in anti-terrorist operation, and ensuring its implementation” of 20.08.14 № 413 approved the Procedure, which defines the procedure of war participant status award to the persons who defended the independence, sovereignty and territorial integrity of Ukraine and took part directly in anti-terrorist operation (hereinafter – ATO), ensuring its implementation.

The war participant status should be awarded:

- armed forces personnel (reservists, liable for military service) and employees of AFU, National Guard, SSU, Foreign Intelligence Service, State Border Guard Service, State Special Transport Service, persons in the rank and file and commanding officers, soldiers, employees of the Ministry of Internal Affairs, the Office of the State Guard, the State Special Communications, the State Service of emergency, the State Penitentiary Service, who took part directly in the ATO and ensured  its implementation in the vicinity of its providing;

- companies employees that were involved and took part in the ATO, in areas of its implementation.

Actually, the Interagency Committee on issues of materials consideration on the war participant status admission will make decision on the award of the war participant status. Its formation is put on the shoulders of the State Service for War Veterans and ATO participants. One of the main conditions of war participant status award is the submission of all required documents, which confirm direct part in the ATO, by the commander of military unit (agency, division) or other head of agency. It can be: extracts from Orders, directives, decrees, certificates of detached service, operations record book, combat reports, dislocations, duty rosters, line of duty schedules, reports, summary reports, statements, special (official) materials of investigation into receiving wounds. If the commander or the chief didn’t provide all the required documents, the person, who participated in the ATO, could do it by himself.

The State Fiscal Service of Ukraine provided the clarification “Is the material aid subject to the war tax?” of 10.09.14. The state financial control explained: the single charitable assistance, which is provided by the employer, is not the subject to the war tax. In fact, as taxmen emphasize, the charitable assistance – not a salary or other payment related to the labor relations. Accordingly, it is not the subject to the war tax.

The National Bank of Ukraine by the Resolution “On making amendments to the Resolution of the Board of the NBU dated 20.08.14, № 515” of 09.09.14, № 557 canceled its recent ban to provide a loan in foreign currency to legal entities, individuals-entrepreneurs and permanent representations of non-residents legal entities to use this foreign currency on the domestic market of Ukraine.

So, these economic entities will be able to obtain the foreign currency credit not only for paying their foreign economic responsibilities but for using on the Ukrainian domestic market.

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