Legislative Review

August 21 – 25, 2023. Law on improving management in the field of cloud services has been adopted

The Verkhovna Rada of Ukraine has adopted as a basis bill ‘On Amendments to Certain Laws of Ukraine Regarding the Proportional Calculation of Retirement Experience for Persons Who Worked Outside of Ukraine’ (reg. No. 9453).

The document regulates the calculation of the amount of the pension in proportion to the retirement experience acquired in Ukraine, for persons who worked in Ukraine and abroad, and separately for the states of the former USSR and the russian federation (for military personnel).

The specified issue requires additional settlement in connection with the denunciation of agreements on pension provision with member states of the Commonwealth of Independent States. Previously, the Pension Fund of Ukraine and the Pension Fund of the russian federation exchanged documents certifying the length of service and earnings. Currently, such an exchange is not possible.

Ukraine also withdrew from the Agreement on Guarantees of the Rights of Citizens of the CIS Member States in the Field of Pensions, as a result of which the right to receive a pension in Ukraine will be lost to citizens who have gained experience in CIS member states other than the russian federation.

The document also provides for the termination of pension payments:

  • in the case of temporary residence abroad following a pensioner’s application for termination of pension payment and if the person is recognized as absent, missing or declared dead in accordance with the procedure established by law;
  • to those who have not received them for six consecutive months in the relevant organizations, or in the absence of spending transactions in bank institutions on the relevant current accounts for six consecutive months, as well as if the pension recipients have not undergone physical identification in the cases provided for by law.

In addition, it is proposed to restore the identification conditions for internally displaced persons on a general basis.

The Verkhovna Rada of Ukraine has adopted in the second reading and as a whole as a law bill No. 9293 ‘On Amendments to Some Laws of Ukraine Regarding Improvement of State Administration and Regulation in the Provision of Cloud Services’.

The document lays the foundations for the development of information and communication technology platforms based on cloud computing and the implementation of the policy of preference (priority) of the cloud environment in the field of public administration, defines the legal relations that arise during the provision of cloud services and establishes the peculiarities of the use of cloud services by state authorities, local self-government bodies, military formations formed in accordance with the laws of Ukraine, state enterprises, institutions and organizations, subjects of power and other subjects to whom such powers have been delegated.

The adopted Law is important for users and providers of cloud services, as it will ensure the improvement of service continuity management, service quality, data security and protection management, protection of information in the cloud computing system from internal and external threats, cyber attacks, which is extremely relevant, especially in the period of military aggression.

The changes will contribute to the improvement of state management and regulation during the provision of cloud services.

The Cabinet of Ministers of Ukraine has approved amendments to the Regulation on the State Tax Service, which bring the functions and rights of the State Tax Service in line with the norms of the Tax Code of Ukraine (taking into account the changes introduced by Law of Ukraine ‘On Amendments to the Tax Code of Ukraine and Other Legislative Acts of Ukraine regarding Payment Services’) and Law of Ukraine ‘On Payment Services’.

The resolution introduces changes, according to which:

  • the State Tax Service must apply the same financial sanctions as to banks and other financial institutions to non-bank payment service providers and issuers of electronic money, who have not submitted to the relevant supervisory bodies of the State Tax Service within the time limit established by law a notification about the opening or closing of accounts/electronic wallets of taxpayers;
  • the State Tax Service is granted the right to receive certificates from non-bank payment service providers and issuers of electronic money in the manner and on the grounds determined by legislation and on the basis of a court decision information on the amount and circulation of funds/electronic money in accounts/electronic wallets;
  • the State Tax Service is given the right to collect from non-bank payment service providers, issuers of electronic money, the body providing treasury service of budget funds, a fine for their late execution of court decisions, decisions of the head of the collection body (deputy or authorized person) in cases provided for by law.
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