Legislative Review

21 - 25 October 2013. There was approved the List of foreign stock exchanges where should be admitted to circulation of securities of foreign issuers

The Verkhovna Rada of Ukraine adopted and the President signed the Law of Ukraine № 584-VII “On Customs Tariff of Ukraine”, dated 19.09.2013. The Customs tariff of Ukraine is an integral part of the document and contains a list of national tax rates - import duty on goods imported into the customs territory of Ukraine and classified according to the Ukrainian Classification of Goods for Foreign Economic Activity, drawn up based on the Harmonized Commodity Description and Coding. There are provided that the rates of import duty may be established or changed only by amending the Customs Tariff of Ukraine in the manner specified by the law.

The Verkhovna Rada of Ukraine adopted and the President signed the Law of Ukraine № 590-VII “On amendments to some legislative acts of Ukraine concerning the payment of the court fee” of 19.09.2013. Fees introduced by law in cases on administrative offenses.

Thus, it is determined that the court fee in the proceedings of an administrative offense if the court (judge) make decision to impose an administrative penalty is payable by the person to which the penalty is imposed. State tax rate in case of acceptance court rules on the imposition of an administrative penalty is 0.03 of the minimum wage.

The Verkhovna Rada of Ukraine adopted and the President signed the Law of Ukraine № 588-VII “On Amendments to the Customs Code of Ukraine”, dated 19.09.2013, which, inter alia, provides that the supply of goods by duty-free shops on board of commercial aircraft, which will perform an international flight from another checkpoint of the border of Ukraine, than the one where is located duty-free shop, carried out under the supervision of officials of the revenues and duties authority on the location of the duty free shop in containers under tariff protection and/or assurance by the holder of the duty free shop.

The Cabinet of Ministers of Ukraine by resolution № 741 of 09.10.2013 amended the resolution № 1404 of 09.10.2006 “Issues of pre-payment of goods, works and services procured for the budgetary resources”. The amendments provide that contracts on the procurement of goods, works and services for budgetary resources may provide pre-payment by customers in accordance with properly executed decision of chief holder of the budget in the case of purchase for a period of not more than one year of service for access in on-line mode to foreign electronic databases of scientific and technical information.

The Cabinet of Ministers of Ukraine by resolution № 732 “On Amendments to the Procedure for imposing penalties for offenses in the sphere of urban development” of 14.08.2013 has introduced a pilot project on the use of state regulation of prices for insulin medicines by setting limits on the level of wholesale prices for such products on the basis of comparative (reference) prices. The force of the pilot project extends to the preparations according to the approved list, registered in Ukraine, commonly known as “Insulin”, with appropriate dosing, a form of production and packaging.

The Cabinet of Ministers of Ukraine by resolution № 755 of 02.10.2013 approved the Technical Regulation on medical products, which applies to medical products and process aids to them.

The Cabinet of Ministers of Ukraine by resolution № 746 of 09.10.2013 amended the Procedure and terms for the provision of state support to agricultural producers in the insurance of agricultural crops by insurance payments (premiums) easing, which, inter alia, determined that the crop insurance with state support, among others, can be carried out in the case of the organization of mass outbreaks of harmful organisms as well as in the event of outbreak of plants pests.

The Cabinet of Ministers of Ukraine by resolution № 754 of 02.10.2013 approved the Technical Regulation on medical devices for the diagnosis in vitro, which applies to medical devices for in vitro diagnosis and their auxiliaries. This Technical Regulations shall not apply to products which are manufactured and used only within the same health institutions or enterprise without the transfer of these items to another person.

The Ministry of Revenues and Duties of Ukraine by the letter № 10803/6/99-99-19-04-02-15 of 10.09.2013 clarify question on the procedure for filling by the investor (operator) of VAT tax declaration as part of the Production Sharing Agreement.

The Ministry of Revenues and Duties of Ukraine by letter of 23.10.2013 reported the list of benefits provided in kind or in monetary form at the expense of employers and are not charged a single contribution for obligatory state social insurance.

The Ministry of Justice of Ukraine by the order № 2104/5 of 04.10.2013 approved the Professional conduct rules of notaries of Ukraine, defining principles of professional ethics of the notary by which he should be guided in their dealings with public authorities, individuals and legal entities, other notaries.

The Ministry of Internal Affairs of Ukraine by the order № 898, dated 18.09.2013, approved the Instruction for preparation of materials on administrative offenses’ cases by the officials of the State Border Service of Ukraine. The document defines the procedure for preparation, consideration and recording of materials on administrative offenses, the countering of which is within the competence the State Border Service. Thus, it is envisaged, that on each fact of an administrative offense, countering to which by law is within the competence Border Service, develop a protocol on administrative violation.

The Ministry of Energy and Coal Industry of Ukraine by the order № 682 of 20.09.2013 approved Technology for determining of the available or lacking throughput (capacity) Single gas transportation system of Ukraine, which applies to gas transmission, gas distribution companies and the operator of the Single gas transportation system of Ukraine.

The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1754 of 10.09.2013 approved the List of foreign stock exchanges, where should be admitted to circulation of securities of foreign issuers, which intend receive admission to circulation of securities on the territory of Ukraine.

The State Sanitary and Epidemiological Service of Ukraine by the letter № 05.03-08-8509/14, dated 11.09.2013, recalled that the Law of Ukraine “On the List of permit documents in the area of economic activity” is classified the conclusion of the state sanitary-epidemiological expertise to permit documents. State sanitary-epidemiological expertise carried out by the state sanitary-epidemiological service, and in particularly difficult cases – by the commissions which are formed by the Chief State Medical Officer. Conclusion by results of state sanitary-epidemiological expertise approved by the relevant chief medical officer.

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