The Verkhovna Rada of Ukraine adopted the amendments to improve the issues of mobilization and social protection of citizens, who were to be discharged from the military service during the specific period or due to the announcement of demobilization (the bill № 2283).
Thus, the above mentioned bill provides for the protection of the job (position) and the average wage for the employees, who are injured (or have other health damages) during the military service and receive medical treatment in the health care providing institutions, and who have been captive or declared missing. The work place and the wage would be preserved for them until the day following the day of their military registration in the regional (municipal) military commissariat after their discharging from the service in case of termination of course of treatment, the return from captivity, their appearance after declared missing or before the day of recognition by the court of their death.
Young people (aged 15 to 28 years), who are discharged from the military service during the mobilization for the specific period, military service of officers and they are employed for the first time, they have supplementary guarantees in the employment promotion. The first place of work would be provided for at least two years for such persons after the demobilization.
The mobilization augmentee personnel, who are discharged from the service to the reserve, would not be called up for military service during the partial mobilization within six months from the date of their discharging from the service. Such persons in the specified period can be called up for military service only with their consent.
The Verkhovna Rada of Ukraine by the bill № 2374 determined the boundaries of the territories, where the special procedure of the local government in some parts of Donetsk and Luhansk regions (hereinafter - special territory) was introduced.
They include areas, or their parts, cities, towns and villages of Donetsk and Luhansk regions that are within the territories located between the state border of Ukraine with the Russian Federation, the water boundary of Azov Sea and the line determined by the Parliament.
In particular, this line will pass through the following places: Luhanska village – Shchastya - Slav'yanoserbsk (special territory) - Pervomaisk (special territory) - Almazna (special territory) - Vuhlehirsk - Gorlivka (special territory) - Yasynuvata (special territory) - Avdiyivka – Pisky - Krasnogorivka – Mar’yinka - Olenivka (special territory) - Starobesheve (special territory) – Rozdolne – Granitne - Chermalyk - Talakivka - Shyrokyne.
At the same time the parliament by the other Resolution admitted the certain districts, cities, towns and villages of Donetsk and Luhansk regions as the temporarily occupied territories.
Let us recall, that the peculiarities of local government in some districts of Donbas are determined in the Law of Ukraine of 16.09.14, № 1680-VII.
The Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to the Article 186-1 of the Land Code of Ukraine to simplify the approval procedure of land management project” of 11.02.15, № 180-VIII (valid of 12.03.2015) and simplified the procedure for land management project.
Now, the executive authorities in the conclusion on refusal of approval of land management project on the allocation of a land plot are obliged to provide an exhaustive list of disadvantages of such a project and set a reasonable time to correct them. The specified period could be continued at the written request of the project developer.
The approval of land management project on the allocation of a land plot is possible to refuse only if the defects, mentioned in the previous report, are not removed.
And the repeated refusal does not deprive of the right of the developer of land management project to remove the project defects and submit it for approval.
The Verkhovna Rada of Ukraine approved the amendments to the Tax Code of Ukraine, and actually pp. 2 pp. 133.1.1 of the TCU was changed. The housing cooperative, apartment building co-owners associations, housing associations are included in the income tax defaulters.
The final provision of the approved Law determined that the reregistration of nonprofit organizations, which were specified in pp. pp. 1, 2 of pp. 133.1.1 of the TCU and who were entered in the Register of nonprofit organizations and institutions as of 1 January 2015, was not required.
It also provided that nonprofit organizations, which specified in pp. pp. 1, 2, of pp. 133.1.1 of the TCU, and which registration was after 31 December 2014 and before the enactment of the approved law, in case of their including in the Register of nonprofit organizations and institutions within six months from the date of entry into force of adopted amendments were considered to be included in the Register of non-profit organizations and institutions from the date of their state registration.
The Cabinet of Ministers of Ukraine by the Resolution “On the approval of the Procedure of compensation payment to the enterprises, institutions, organizations within the limits of average wage of employees called up for military service during the mobilization for the special period” of 04.03.15, № 105 determined the procedure compensation of expenses for the payment of average wage to the mobilization augmentee employees.
It is provided for that the company (institution, organization) should submit the report of the actual expenses on payment of average income for employees monthly before the 15th day of month to the authority of social protection of the population to receive the compensation. But at first the report should be submitted for approval to the district (city) military commissariat, which conscripted the employee(s) into the military service. Its form is in Annex 1 to the Procedure approved by the Cabinet of Ministers 04.03.15, № 105.
Unfortunately, the document does not say anything about the mechanism of compensation of the average wages for all prior periods.
The Cabinet of Ministers of Ukraine by the Resolution “On the improvement of the procedure for granting the housing subsidies” of 28.02.15, № 106 (which enters into force on 01.05.15) improved the procedure for granting the subsidies to the citizens for the compensation of expenses for housing and utility services.
Thus, the number of people who may be eligible for subsidies is expanded. Now, the subsidy can be obtained by the families where: there is more than one residential accommodation or car; employable citizens, who do not study and do not look for work, live in the accommodation. In addition, the families that lease out the space can expect the subsidies.
The subsidies may be provided also for the above-limit housing according to the decision of the local councils after the inspection of the material living conditions of the family, and may be revised in case of these conditions changing.
If the subsidy is fixed in the I quarter of the year, the average monthly total income for the its purpose is calculated the first three quarters of the previous year, in other cases - for the previous calendar year (previously it was determined for the last six months).
Now, the lease (rental) contract (if any) in addition to the statement, income certificate, incomes and expenses declaration of people should be submitted (send by mail) to the local department of labor and social protection of the population for the prescription of the subsidies. Updated form of the relevant application and incomes and expenses declaration of people.
The Cabinet of Ministers of Ukraine by the Resolution “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated 1 October 2014, № 505” of 11.03.15, № 95 increased the amount of the monthly targeted assistance to disabled people - immigrants from Crimea and the ATO area.
Thus, the amount of the monthly assistance to the mentioned categories of citizens is to be UAH 949 (the living minimum wage of a person, who lost the ability to work). By the way, now the disabled people – immigrants are paid UAH 884.
In addition, the expenditures, associated with providing of the monthly targeted assistance to immigrants, should be financed at the expenses of the targeted funds of the state budget. We remind: meanwhile these expenditures are financed at the expenses of the emergency reserve fund of the state budget and funds received as charitable or international aid.
The State Fiscal Service of Ukraine in its letter “On the provision of permits on the right of use of the tax benefits to the public organizations of disabled people” of 02.03.15, № 4845/5/99-99-19-02-02-16 noted that the companies of the public organizations of disabled people continued to apply the income tax benefit in the presence of previously issued permit on the right to use the benefits. Of course, provided that their meeting the requirements for its use.
Today, according to p. 142.1 of the Tax Code of Ukraine such organizations are exempt from income tax provided that obtaining of the relevant permit.
The State Fiscal Service of Ukraine in its letter “On the electronic document format” of 10.02.2015, № 2618/6/99-99-18-01-15 noted that the transfer of electronic documents, including accounting electronic cards of people, who operated the transactions with goods at customs, was based on XML standard.
It includes the format of extension as *.imfx, because it is a zip-archive, which is also the necessary package of xml-files (if necessary - files electronic digital signatures to them).
The Ministry of Justice of Ukraine by the Order “On Amendments to the Regulations on centers of providing of free secondary legal assistance” of 10.03.15, № 329/5 published in the new version, the Regulations on centers of providing of free secondary legal assistance, approved by its order of 02.07.12, № 967/5 (hereinafter - Regulation).
The new version of Regulation provides for the division of legal aid centers into two types: regional and local (the current version of the Regulation does not contain such a division). The legislators also determined the functions of new types of centers. The regional centers should now:
- provide the participation of defender during the prejudicial inquiry and judicial procedure;
- provide the protection, to execute the procedural documents and to represent the interests of the person convicted to the custodial sentence;
- conclude the contracts with the lawyers included in the Register of lawyers, who provide free secondary legal assistance;
- perform other functions entrusted to them.
The local centers should:
- consider the petitions of those who need help, and make decisions on its provision (or a refusal to provide);
- check the affiliation of the person to the category of the persons eligible to receive assistance;
- consult those people, who appeal to the court.
