[:uk]On October 4, 2024, the Cabinet of Ministers of Ukraine adopted a number of important resolutions, including:
- Resolution No. 947-r: Redistribution of budget allocations of the Ministry of Education and Science in the amount of UAH 2,920,000 in favor of the National Academy of Sciences for financing scientific activities.
- Resolution No. 946-r: Conclusion of a special investment agreement with LLC “Bukovel” and LLC “Aquapark” for the implementation of an investment project in the field of aquaparks.
- Resolution No. 945-r: Conclusion of a special investment agreement with LLC “Astarta-Kyiv” for the construction of a soybean meal processing plant in Globino.
- Resolution No. 944-r: Approval of proposals regarding the application of personal special economic sanctions, which will be considered by the National Security and Defense Council of Ukraine.
- Resolution No. 943-r: Redistribution of expenditures for the National Academy of Agrarian Sciences, reduction of expenditures for the preservation of the nature reserve fund, and increase in scientific activities.
- Resolution No. 942-r: Designation of the company “Executive Search Ukraine” to conduct a competition for the positions of independent members of the supervisory board of “Sens Bank.”
- Resolution No. 941-r: Approval of the composition of the commission for the competition for the position of Director of the Bureau of Economic Security of Ukraine, including experts from international organizations.
Separately, the Supreme Court accepted the appeal of the Political Party “Our Land” against the prohibition of its activities, with the hearing scheduled for October 9, 2024.
Review of each of legal acts published today:
On the Accounting Price of Banking Metals
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The National Bank of Ukraine has published the accounting prices for banking metals as of October 8, 2024. The accounting price of gold is 109,533.84 UAH per troy ounce, silver – 1,317.67 UAH, platinum – 40,621.00 UAH, and palladium – 42,111.48 UAH. It is important to note that the prices are provided without obligations for the National Bank to buy or sell these metals at these prices.
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On the Official Exchange Rate of the Hryvnia Against Foreign Currencies
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The National Bank of Ukraine has published the official exchange rate of the hryvnia against various foreign currencies as of October 8, 2024. The rate includes 36 currencies, among which the US dollar (41.1961 UAH), euro (45.2210 UAH), and British pound (53.8948 UAH). It is noted that these rates are applied for accounting purposes and operations of the NBU, without obligations regarding the purchase and sale of currencies at these rates.
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The Order of the Cabinet of Ministers of Ukraine dated October 4, 2024, No. 947-r provides for the transfer of part of the budget allocations for the Ministry of Education and Science for 2024. In particular, 2,920 thousand hryvnias, which were allocated for scientific and scientific-technical activities of higher education institutions, are being transferred to the National Academy of Sciences for financing the relevant program. The Ministry of Finance is instructed to make changes to the state budget distribution to implement these changes.
The Order of the Cabinet of Ministers of Ukraine dated October 4, 2024, No. 946-r concerns the conclusion of a special investment agreement between the Cabinet of Ministers, LLC “Bukovel” and LLC “Aquapark.” The main goal is to implement an investment project with significant investments in the field of water parks. The Ministry of Economy has supported this proposal, and the First Deputy Prime Minister of Ukraine – Minister of Economy has been granted the authority to sign this agreement.
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The Order of the Cabinet of Ministers of Ukraine dated October 4, 2024, No. 945-r provides for the conclusion of a special investment agreement with LLC “Astarta-Kyiv” and “Astarta Agro Protein.” The agreement concerns the implementation of an investment project with significant investments, namely the construction of a plant for processing soybean meal with a capacity of 500 tons per day in the city of Globino, Poltava region. The First Deputy Prime Minister of Ukraine, Minister of Economy Yuliya Svyrydenko, has been granted the authority to sign this agreement.
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The Cabinet of Ministers of Ukraine issued an Order dated October 4, 2024, No. 944-r regarding the submission of proposals for the implementation of personal special economic and other restrictive measures (sanctions).
Paragraph 1 stipulates that due to real and potential threats to the national interests, security, and sovereignty of Ukraine, in accordance with the first part of Article 5 of the Law of Ukraine “On Sanctions,” the government approves and submits for consideration to the National Security and Defense Council of Ukraine proposals for the imposition of sanctions. The sanctions are to be for a period of three years and relate to individuals and legal entities listed in Appendices 1 and 2 (these appendices are for official use and are attached to the original document).
Paragraph 2 obliges the Ministry of Internal Affairs, the Ministry of Economy, the Ministry of Justice, the State Property Fund, the State Tax Service, the State Customs Service, the Administration of the State Border Guard Service with the participation of the Security Service of Ukraine, the National Bank, and other state bodies within their competence to ensure the implementation of the decision of the National Security and Defense Council of Ukraine regarding the imposition of sanctions. They are also to monitor the state of compliance with this decision and assess its effectiveness.
Paragraph 3 instructs the Ministry of Foreign Affairs, after the decision of the National Security and Defense Council of Ukraine regarding the imposition of sanctions takes effect, to inform the competent authorities of the European Union, the United States of America, and other states. The aim is to consider the issue of imposing similar restrictive measures by these countries.
The document is signed by the Prime Minister of Ukraine D. Shmyhal and has the index 70.
The Order of the Cabinet of Ministers of Ukraine dated October 4, 2024, No. 943-r provides for the redistribution of state budget expenditures for the National Academy of Agrarian Sciences for 2024. In particular, consumption expenditures for the program of preserving the natural reserve fund in the biospheric reserve “Askania-Nova” are reduced by 12,834.8 thousand hryvnias, including wages and utility costs. At the same time, development expenditures for scientific and scientific-technical activities in the agro-industrial complex are increased by an equivalent amount. The Ministry of Finance is to make the appropriate changes to the state budget distribution.
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Some Issues Concerning the Activity of the Joint-Stock Company “Sens Bank”
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The Order of the Cabinet of Ministers of Ukraine dated October 4, 2024, No. 942-r designates the company “Executive Search Ukraine” as the organization responsible for conducting a competitive selection of candidates for the positions of independent members of the supervisory board of the joint-stock company “Sens Bank.” The total cost of services is 3,999,900 hryvnias, excluding VAT. It is also noted that the Chairman of the Board of “Sens Bank,” Oleksiy Stupak, is authorized to sign the relevant contract with “Executive Search Ukraine.”
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Approval of the Composition of the Commission for the Competition for the Position of Director of the Bureau of Economic Security
The Cabinet of Ministers of Ukraine issued an Order dated October 4, 2024, No. 941-r, which approved the composition of the commission for the competition for the position of Director of the Bureau of Economic Security (BEB). This decision was made in accordance with the third part of Article 15 of the Law of Ukraine “On the Bureau of Economic Security of Ukraine.”
Composition of the Commission
The commission consists of six members, divided into two groups:
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Members of the commission designated by the Cabinet of Ministers of Ukraine:
- Hilyaka Oleg Serhiyovych – Deputy Chief Scientific Secretary, Head of the Strategic Development Department of the National Academy of Legal Sciences.
- Matselyk Tetiana Oleksandrivna – Professor of the Department of Financial and Tax Law at the State Tax University.
- Ponomarenko Yuriy Anatoliyovych – Head of the Department of Criminal Law at Yaroslav Mudryi National Law University.
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Members of the commission designated based on proposals from international and foreign organizations:
These organizations, in accordance with international or intergovernmental agreements, have provided Ukraine with international technical assistance in the field of prevention and counteraction to corruption and/or reform of law enforcement agencies over the past three years.
- James Wasserstrom – Founder and Executive Director of the Foundation for Integrity and Refuge (Toronto, Canada), Founder and Executive Director/Senior Consultant of The Wasserstrom Group (Thessaloniki, Greece).
- Donatas Malaskevičius – Head of the Lithuanian Police Liaison Bureau at EUROPOL, expert in corruption prevention of the EU Project for Strengthening the Resilience of Integrated Border Management in Ukraine (EU4IBM-Resilience), implemented by the International Centre for Migration Policy Development (ICMPD).
- Laura Stefan – Founder and Executive Director of the Expert Forum (EFOR), international expert on anti-corruption reform for the European Commission, the World Bank, the United Nations Development Programme, the Organization for Economic Co-operation and Development (OECD); Chair of the Regional Anti-Corruption Initiative.
Key Points of the Order
- Legal Basis: The Order is based on the third part of Article 15 of the Law of Ukraine “On the Bureau of Economic Security of Ukraine,” which regulates the procedure for conducting the competition for the position of Director of the BEB and the formation of the respective competition commission.
- Purpose of the Commission: Organization and conduction of the competition to select candidates for the position of Director of the BEB, ensuring transparency and objectivity in the appointment process.
- International Participation: The inclusion of experts recommended by international and foreign organizations in the commission emphasizes the importance of international cooperation in the fight against corruption and reform of law enforcement agencies.
Significance for Ukraine
The appointment of a qualified commission is an important step towards ensuring the effective operation of the Bureau of Economic Security. The involvement of both national experts and international specialists contributes to increasing trust in the selection process and ensures high standards of transparency and integrity.
Context
The Bureau of Economic Security of Ukraine is a key body in the system of preventing and counteracting economic offenses. Effective leadership of the BEB will contribute to the stability of the state’s financial system and strengthen the rule of law in the economic sphere.
The Supreme Court reviewed the appeal of the Political Party “Our Land” against the decision of the Eighth Appellate Administrative Court, which granted the lawsuit of the Ministry of Justice of Ukraine to prohibit the activities of this party and transfer its property to state ownership. The court decided to accept the case for proceedings and scheduled it for appellate review on October 9, 2024. Due to a change in the composition of the court, the case will be heard from the beginning, in accordance with the norms of the Code of Administrative Procedure of Ukraine.
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