Legislative Review

17 - 21 June 2013. Approved the Procedure for levying and the harbor dues rates

The Verkhovna Rada of Ukraine adopted the Law № 233-VII of 14.05.2013, which defines the state registration aspects on land plots of state and communal property. In particular, it provides that the decisions of the executive authorities or local self-government on the land plots dedication for property or use (permanent use, lease, use for agricultural purposes (emphyteusis), use of land plots owned by another for a building (superficies), servitude (easement)) was adopted without state registration of the rights of the state or local community to such land plots, except in cases where the ownership of the land plots of state or municipal property is registered in the State register of immovable property rights.

The Verkhovna Rada of Ukraine adopted the Law № 238-VII of 15.05.2013, which introduced amendments to the Law “On measures aimed at the sustainability ensuring of the enterprises of the fuel and energy complex”. According to these revivals, in particular, the procedure for debt repayment by fuel and energy companies will be valid until January 1, 2014. In addition, been amended to the Law “On the reestablishing debtor solvency or adjudication in bankruptcy”, which provides that the provisions of this Law on   bankruptcy proceedings of energy companies that are participating in the procedure of debt repayment under the conditions defined by the Law of Ukraine “On measures aimed at the sustainability ensuring of the enterprises of the fuel and energy complex”, applied taking into account of considerations defined by above document, before January 1, 2014.

The Cabinet of Ministers of Ukraine by the Resolution № 417 of 22.05.2013, made changes to criteria by which to assess the risk degree of economic activities carrying out and is determined periodicity of the planned activities related to government's monitoring of compliance (control) over observance of the procedure of assessment, fixing and practice of prices (tariffs). These changes provide that the planned activities related to government's monitoring of compliance (control) over the procedure of assessment, fixing and practice of prices (tariffs) carried out by State Inspection on Prices`Control, not by the Ministry of Economy, as provided by the current edition.

The Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine by the order № 198 of 20.05.2013, approved changes to the Procedure of project documentation development for objects construction which, in particular, clarified that the technical design assignment on building objects drawn up and approved by the customer by agreement with the general planner.

The Ministry of Revenues and Duties of Ukraine by the letter № 4602/6/99-99-15-04-01-16 regarding the payment of fees for the use of radio frequency resource of Ukraine of 10.06.2013 was reminded that the payers of the fee for use of the radio frequency resource of Ukraine, who have the right to use such a resource based on licenses for use, pay the tax from the date of issuance of such documents. In case of validity term extension license for the use of radio frequency resource of Ukraine's fee shall be paid from the beginning of the term of the renewal.

The Ministry of Infrastructure of Ukraine by the order № 316 of 27.05.2013 approved the Procedure for levying and the harbor dues rates, which provides that the harbor dues are paid to the administration of Ukrainian sea ports, except in cases determined by the Law “On sea ports”, namely: berthing dues in favor of the owner of the berth, and if the berth is in use − in favor of the appropriate user's, canal dues − in favor of the owner of the canal, tonnage dues − in favor of the harbor user, as well as the operational waters owner of berth (berths) built before the entry into force of the Law; light dues is charged in favor of state institution which organizes and carries out navigation and hydrographic support of shipping.

The Ministry of Justice of Ukraine by the order № 1061/5 of 03.06.2013 amended the Rules of the notary clerical work conducting, which, inter alia, has approved the forms of: certificates of immovable property acquiring (takeover) by auction sale in the event of sale of the property in the proceedings in the bankruptcy case; statement of certification on the letter-cover with a secret testament, statement of certification on the agrarian acquittance by the participation of individuals; statement of certification on a agrarian acquittance by participation of the legal entity; indorsement of agrarian acquittance, with the participation of an individual and the indorsement of agrarian acquittance with the participation of a legal entity.

The Ministry of Economic Development and Trade of Ukraine by the order № 421 of 25.04.2013 approved the Procedure for the submission to the Ministry of Economic Development and Trade of information on the results of the electronic exchange trading of coal products by commodity exchanges which are included by the Ministry of Economic Development and Trade of Ukraine in the list of commodity exchanges on which is carried out purchase and sale of coal products. This document provides that the provision of information by the Exchange begins on the date of publication on the official web site messages on the inclusion of commodity exchange in the above list.

The Ministry of Economic Development and Trade of Ukraine by the order № 538 of 31.05.2013 approved threshold level of regulatory income rate in the electrical energy transmission by territorial (local) electric networks and in sphere of electricity deliveries at regulated tariff at the level of 14.79%.

The Ministry of Economic Development and Trade of Ukraine by the letter № 3502-06/16081-12 concerning a mandatory receiving by entities of special payment instruments in carrying out of payments for goods (services) of 07.05.2013, reminded that the business entities engaged in activities in the sale of goods , catering and services which are properly use the PPO should make the transition to the compulsory acceptance of electronic payment means for payments for the sold goods (services). A business entity is obliged to permit the use of special payment means at payments making for the sold goods (services) in accordance with the law.

The Social Insurance Fund against accidents at work and occupational diseases, by the letter № 371-06-13 of 13.06.2013 noted that the implementation of statutory functions and responsibilities of the Fund on the Prevention of Accidents is assigned to insurance experts on labor protection. Latest entitled to conduct inspections of working conditions and labor safety and conducting of prevention programs on these issues in enterprises, institutions and organizations regardless of ownership, types of economic activity, at individuals who, according to the legislation, use of hired labor. The requirements of the insurance expert on observance of labor protection legislation requirements are obligatory for execution by the employers.

The Social Insurance Fund on temporary disability, by the letter № 01-06-430 of 22.02.2013 reminded that temporary disablement allowance provided to the insured person in the form of financial support which fully or partially compensates salary loss in the event of his insurance case. In addition, clarified that to the employee for the period of his temporary disability, which fell on day which according to the order on the company recognized as a day of rest, assistance (compensation for lost wages) are not deposited.

The National Bank of Ukraine, by the letter № 29-113/6518-7094 of 14.06.2013  reminded that the requirement of mandatory sale of foreign exchange in the interbank currency market of Ukraine applies to all revenues from outside of Ukraine in foreign currency of Group 1 of the Classifier and in Russian rubles in favor of individuals (residents and non-residents) in an amount that is equal or exceeds the equivalent of 150 thousand UAH per month.

The National securities and stock market commission (NSSMC) by the decision № 737 of 23.04.2013, approved the Procedure for cancellation of share issues registration, which establishes a mechanism for fulfillment of actions for the purpose of cancellation registration of share issue and the certificate revocation (temporary certificates) in this case: the termination of the joint stock company by liquidating or transformation (in particular, procedure for suspending of share circulation, the procedure for restoring of share circulation, the order of cancellation of registration of share issue) of non-placement, refusal from placement or non-approval of the results of its shares.

“De Visu” Group specialists are ready to provide consultations as for various issues on financial and economic activity conducting. In order to receive more detailed information you may call at the following phone numbers: (044) 279-00-00, (044) 279-40-00.

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