Legislative Review

22-26 September 2014. The Regulation on the State Service for Financial Monitoring is approved

The Cabinet of Ministers of Ukraine approved the Regulation on the State Service for financial monitoring of Ukraine (hereinafter – SSFM) by the Resolution of 14.09.2014, № 455. The SSFM is the central executive authority that implements the State policy in the field of Prevention and Combating Legalization (Laundering) of Illegally Gained Income and Financing of Terrorism.

The SSFM policy objectives are: 

- implementation of the State policy in the field of Prevention and Combating Legalization (Laundering) of Illegally Gained Income and Financing of Terrorism;

- introduction for consideration by the Ministry of Finance of Ukraine of proposals on ensuring of the State Policy formation in the field of Prevention and Combating Legalization (Laundering) of Illegally Gained Income and Financing of Terrorism;

- information collection, its processing and analytic work on the financial transactions, which are the subject to the financial monitoring, other financial transactions or information, associated with the suspicion of Legalization (Laundering) of Illegally Gained Income and Financing of Terrorism;

- establishment and ensuring the Single State information system operation in the field of Prevention and Combating Legalization (Laundering) of Illegally Gained Income and Financing of Terrorism.

The Cabinet of Ministers of Ukraine adopted the Resolution “On approving of the Procedure and payments terms of single monetary aid, in case of dismissal, to the military man called up for military service due to the mobilization” of 17.09.14, № 460. The document adopted the resolution on the payment of single monetary aid to the demobilized military man called up for military service due to the mobilization (except army conscripts). The aid amount is 4% of monthly support (excluding remunerations) of each full month of service, but not less than 25% of monthly money support.

The period from the first day of draft, excluding the period of peace-time service, is taken into the calculation.

At that, the monetary aid is not paid due to the incompetence, degradation or due to the Court verdict of guilty, entered into the force.

The Cabinet of Ministers of Ukraine made amendments to the Procedure of indemnity of expenses for the employers in the amount of single contribution of the compulsory state social insurance (hereinafter – Procedure) by the Resolution of 10.09.14, № 437 “On Amending the Resolution of the Cabinet of Ministers of Ukraine dated 15 April 2013, № 347”.

The Procedure norms are brought in line with the Law of Ukraine “On employment of population” of 05.07.12, № 5067-VI.

Thus, the employers should receive the indemnity of single contribution to the 30th of the month following the month of report submitting to the territorial authorities of SFS of Ukraine by f.№D4 (monthly), provided that the confirmation data of State Register of compulsory state social insurance on the employee’s salary, the single contribution is paid from it. Currently the funds are transferred to the employer’s account before the 30th of day of following the accounting month. In fact, the officials extended the deadlines of receiving of indemnity sums of the single contribution.

It is concretized that for the indemnity of the single contribution, the priority economic activity of the employer – entity of small business enterprise should be determined at his primary activity, according to which the class of occupational risk of the production and the size of single contribution are established for the entity.

The amended form of the Certificate is stated according to the indicated changes. The employment bureau should make a decision on payment of the indemnity under this Certificate. The employers, among other things, should state there the percent of single contribution (viz. the rate in terms of the class of occupational risk of the employer). The catalog of the priority economic activities for employment creation by the entities of small business enterprise is also stated in this new version.

The Ministry of Finance of Ukraine by its letter of 01.09.14, № 31-08040-06-3/22381 “On the employment of citizens from the ATO area” reported: the hiring procedure of the citizens from the ATO area without work books is possible only as a second job.

At the same time the agency reminded that the work providing as a second job should last no more than a half of monthly norm of working time. In other words, the citizens from the ATO area could be taken on the staff as a second job for half-time maximum.

The Ministry of Defense of Ukraine in the explanatory statement “the current issues on the social and legal protection of persons who are involved in anti-terrorist operation” reported that at the moment, the volunteers, from which the Special Forces of territorial defense were formed, didn’t have the clearly defined legal status. Therefore, the current legislation does not provide for their recognition as participants in military operations, so the volunteers are deprived of appropriate benefits and payments in case of injury or death.

The draft bill was registered in the Parliament on the recognition of persons as participants in military operations, who within voluntary formations of territorial defense were involved by the State or public organizations or organized by themselves to defend independence, sovereignty and territorial integrity of Ukraine and directly participated in the anti-terrorist operation, ensuring its implementation, having been directly in the areas of anti-terrorist operation.

The Ministry of Health by the Order “On approval of Regulation on the register of wholesale prices for medicines and medical products, the procedure for the introduction of amendments in it and the declaration forms of changes in wholesale prices for medicines and medical products” of 18.08.2014, № 574 updated the register of prices for medicines and medical products. In general there were no any significant changes in the register of wholesale prices for medicines and medical products (hereinafter – the Prices register). However, certain new aspects can be emphasized. The Prices register is maintained and formed by the MH electronically. The Ministry of Health can make amendments in the register of wholesale prices for medicines. This is when the data of Marketing Authorisation are amended, but the wholesale price of it is constant.

The information about the declared change of wholesale price for medicine or medical product could be excluded from the Prices register under the application. The Marketing Authorization Holder or the holder of State Registration Certificate of medical product submits this application.

The information about the declared change of wholesale price for medicine or medical product is declared according to the Declaration procedure of change of wholesale prices for medicines and medical products, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 02.07.14 № 240, of 01.03.15. Otherwise, from 01.03.15 such information is liable to the deletion from the Prices register.

The Ministry of Social Policy of Ukraine by its letter “On the calculation of duration of working time standard for 2015” of 09.09.14, № 10196/0/14-14/1311 made public the duration of working time standards for the next year. Depending on the duration of working week it is:

for an 40-hour working week – 2004.0 hours;

for an 39-hour working week – 1957.8 hours;

for an 38.5-hour working week – 1932.7 hours;

for an 36-hour working week – 1807.2 hours;

for an 33-hour working week – 1656.6 hours;

for an 30-hour working week – 1506.0 hours;

for an 25-hour working week – 1255.0 hours;

for an 24-hour working week – 1204.8 hours;

for an 20-hour working week – 1004.0 hours;

for an18-hour working week – 903.6 hours.

The companies, institutions and organizations do not work during such official holidays and non-working days (Art.73 of the Code of Laws on Labour of Ukraine, hereinafter – the CLL):

January 1 - New Year;

January 7 – Christmas;

March 8- International Women's Day;

April 12 - Passover (Easter);

May 1 and 2 - the day of international solidarity of the working people;

May 9 - Victory Day;

May 31 – Holy Trinity;

June 28 - Constitution Day of Ukraine;

August 24 - Independence Day of Ukraine;

If the official holiday or non-working day falls on the day off, the last is postponed to the next after the official holiday or non-working day (p.3 Art.67 of the CLL). Therefore, as scheduled the five-day working week with days off in Saturday and in Sunday in 2015:

- the day off on Sunday, March 8 should be postponed to Monday, March 9;

- the day off on Sunday, April 12 should be postponed to Monday, April 13;

- the day off on Saturday, May 2 should be postponed to Monday, May 4;

- the day off on Saturday, May 9 should be postponed to Monday, May 11;

- the day off on Sunday, May 31 should be postponed to Monday, June 1;

- the day off on Sunday, June 28 should be postponed to Monday, June 29.

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