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[:uk]Review of Ukrainian legislation for 22/10/2024[:]

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Digest of Legislative Acts

Digest of Legislative Acts

Resolutions of the National Bank of Ukraine

The National Bank of Ukraine has published the accounting prices for banking metals for October 21, 2024, where gold is valued at 111,711.97 hryvnias per troy ounce, silver at 1,323.17 hryvnias, platinum at 41,614.66 hryvnias, and palladium at 43,834.53 hryvnias. These prices serve as an informational reference and do not obligate the bank to buy or sell metals at the specified rates.
Additionally, the National Bank announced the official exchange rate of the hryvnia against foreign currencies for October 21, 2024, which includes rates for the US dollar, euro, pound sterling, and others. These rates are applied in accounting and transactions with the State Treasury; however, the bank is not obligated to buy or sell currencies at these rates.

Resolutions of the Cabinet of Ministers of Ukraine

The Cabinet of Ministers of Ukraine adopted Resolution No. 1181 dated October 15, 2024, which amends regulatory acts concerning eco-design and energy labeling. The resolution provides for the exclusion of certain paragraphs and the revision of points that define the procedure for the enactment of these acts, as well as the repeal of several old resolutions. The new resolution comes into effect 12 months from the date of publication.

Order of the Ministry of Health

By Order of the Ministry of Health of Ukraine dated October 4, 2024, No. 1693, the price for the purchase of plasma for fractionation in the volume of 247 ml has been set at 479.25 UAH. The Department of High-Tech Medical Care and Innovations is responsible for the registration and publication of this order on the official website.

Amendments to the Law “On Public Procurement”

The Law of Ukraine has made amendments to the legislation “On Public Procurement,” aimed at increasing transparency in the processes of repair and construction. Customers are required to publicly publish information about the prices of materials used and to ensure their availability in the electronic procurement system. Mechanisms for monitoring compliance with the requirements are established, with possible sanctions for non-compliance.

Resolutions of the Fund of Mandatory State Social Insurance

The Fund of Mandatory State Social Insurance of Ukraine for Unemployment has established a new minimum unemployment benefit amount effective October 1, 2024. For individuals with an insurance record of less than seven months, the benefit will be 3,600 hryvnias, and for individuals dismissed for certain reasons, it will be 1,500 hryvnias.

Order of the Security Service of Ukraine

By Order of the Security Service of Ukraine dated September 9, 2024, No. 440, changes have been made to the terms of remuneration for employees of the Antiterrorist Center’s staff. The main changes pertain to the updating of tariff rates, the addition of tariff categories, and the revision of conditions for cafeteria and technical service employees. The order takes effect from the day of official publication.

Order of the Ministry of Culture and Information Policy

By Order of the Ministry of Culture and Information Policy of Ukraine dated September 2, 2024, No. 631, amendments have been made to the Standard Rules for Library Use, specifically changing the age threshold for library use from 18 to 14 years. This order also takes effect from the moment of official publication.

Order No. 2252 of the Ministry of Agrarian Policy and Food

Order No. 2252 outlines the procedure for issuing international certificates for shipments of food products, updating the procedure and requirements for obtaining certificates. Shipments must be accompanied by originals of international certificates, which are issued by state inspectors. The certificate issuance procedure is fee-based and must comply with international standards.

Review of each of legal acts published today:

On the Accounting Price of Banking Metals
The National Bank of Ukraine reports the accounting price of banking metals as of October 21, 2024. According to the data, the accounting price of gold is 111,711.97 UAH per troy ounce, silver – 1,323.17 UAH, platinum – 41,614.66 UAH, and palladium – 43,834.53 UAH. It is important to note that these prices do not obligate the National Bank to buy or sell these metals at the specified rates.

On the Official Exchange Rate of the Hryvnia Against Foreign Currencies
The National Bank of Ukraine has published the official exchange rate of the hryvnia against foreign currencies as of October 21, 2024. The document provides exchange rates for various currencies, including the US dollar, euro, British pound, and others. The rates are determined for use in accounting and for transactions with the State Treasury of Ukraine. It is important to note that the National Bank is not obligated to buy or sell currencies at these rates.

On Amendments and Recognition of Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding Eco-Design and Energy Labeling as Invalid
The Cabinet of Ministers of Ukraine adopted the resolution dated October 15, 2024, No. 1181, which amends previously adopted regulations regarding eco-design and energy labeling. The document provides for amendments to several resolutions, including the exclusion of certain paragraphs and the editing of points that determine the procedure for the enactment of these acts. Additionally, a number of previous resolutions regulating energy labeling have been recognized as invalid. The new resolution comes into effect 12 months after its publication, except for certain changes that will take effect immediately.

On the Establishment of the Price for the Purchase of Plasma for Fractionation
By order of the Ministry of Health of Ukraine dated October 4, 2024, No. 1693, a price is established for the purchase of plasma for fractionation in the amount of 247 ml at 479.25 UAH. The order is adopted in accordance with the legislation on the safety and quality of donor blood, as well as the Methodology for Price Formation. The Department of High-Tech Medical Assistance and Innovations is to ensure the registration of the order and its publication on the official website. Control over the execution is assigned to the Deputy Minister of Health.

On Amendments to the Law of Ukraine “On Public Procurement” Regarding the Obligation of Customers to Publish Information About Prices on Material Resources During the Procurement of Current Repair Services and Construction Works (Transparent Construction)



Analysis of the Law of Ukraine No. 3988-IX

The new Law of Ukraine introduces amendments to the existing legislation “On Public Procurement” aimed at increasing the transparency of procurement processes in the field of repair and construction. The main provisions of the act include the following:

  • Publication of Prices for Material Resources: Customers are obliged to publicly post information about prices for material resources used during the procurement of current repair and construction services. This applies to all stages of the procurement process, from the announcement of the tender to the completion of the procurement.
  • Use of the Electronic Procurement System: All data on prices must be accessible in the electronic procurement system, which ensures centralized access to information and promotes transparency in the process. This allows civil society organizations, media, and other stakeholders to monitor expenses on materials and their compliance with planned budgets.
  • Transparent Construction: The introduction of the concept of “transparent construction” means that during the execution of repair and construction works, customers must ensure open access to information about the materials used and their prices. This helps reduce opportunities for corruption and ineffective use of funds.
  • Control and Responsibility: The law establishes mechanisms for monitoring compliance with the requirements for price publication. In case of non-compliance by customers, sanctions are provided, including fines and the possibility of exclusion from the public procurement system.
  • Ensuring Accessibility of Information: Information about prices must be presented in a format accessible to all users of the electronic procurement system. This includes the ability to filter, search, and download data in formats convenient for analysis.

The implementation of these changes aims to enhance the transparency and efficiency of public procurement, especially in the field of repair and construction. This ensures a more controlled distribution of budget funds and increases public trust in state structures.

On the Minimum Amount of Unemployment Benefits
By resolution of the Board of the State Fund for Mandatory State Social Insurance of Ukraine for Unemployment, starting from October 1, 2024, a new minimum amount of unemployment benefits is established:

  • For individuals with less than seven months of insurance experience, the benefit will be 3,600 UAH.
  • For individuals dismissed for certain reasons, the benefit will be 1,500 UAH.

The resolution that was invalidated was adopted on September 14, 2023. This new resolution comes into effect on October 1, 2024, following its official publication.

On Amendments to the Conditions of Payment for Employees of the Antiterrorist Center Headquarters under the Security Service of Ukraine, Transport, Social and Household, and Operational and Repair Organizations, as well as Scientific, Research, and Specialized Institutions of the Security Service of Ukraine
By order of the Security Service of Ukraine dated September 9, 2024, No. 440, changes have been made to the payment conditions for employees of the Antiterrorist Center Headquarters and other SBU institutions. The main changes relate to:

  • Updating the note to tariff rates that determines the amount of salaries for employees, based on a unified tariff scale.
  • Adding new positions to the tariff grade scheme for heads of structural units.
  • Reviewing the tariff grades for cafeteria workers and technical staff, including the introduction of new tariff grades for cooks and other workers.

The order comes into effect on the day of its official publication.

On Amendments to the Standard Rules for Using Libraries in Ukraine
By order of the Ministry of Culture and Information Policy of Ukraine dated September 2, 2024, No. 631, amendments have been made to the Standard Rules for Using Libraries in Ukraine. In particular, the age threshold for library use has been changed from 18 to 14 years in the third paragraph of item 8. The order comes into effect upon its official publication.

On Approval of the Procedure for Issuance of International Certificates and Other Documents Required by the Legislation of the Destination Country for Cargo with Food Products



Analysis of Order No. 2252 dated July 26, 2024

Analysis of Order No. 2252 dated July 26, 2024, of the Ministry of Agrarian Policy and Food of Ukraine

General Provisions

This order defines the procedure for issuing international certificates and other documents required by the legislation of the destination country for cargo with food products. It is based on the regulatory acts of Ukraine, including the Law “On the Basic Principles and Requirements for the Safety and Quality of Food Products” and the Association Agreement between Ukraine and the European Union.

1. Issuance Procedure

The procedure defines a clear process for obtaining the necessary documents, including requirements for their completion and submission. Certificates must be issued in both paper and electronic forms, in compliance with international standards and Ukrainian legislation regarding electronic documents.

2. Types of International Certificates

  • International certificate for cargo with non-animal food products;
  • International certificate for cargo with animal food products or composite products;
  • Pre-export international certificate for cargo with food products.

3. Issuance Requirements

Cargo exported from Ukraine must be accompanied by originals of international certificates if required by the destination country. Certificates may be issued in paper or electronic form, with electronic forms complying with the recommendations of international organizations and EU legislation.

4. Authorized Persons

International certificates are issued by state inspectors, state veterinary inspectors, or other authorized persons. For obtainingThere are necessary qualifications to undergo training and avoid conflicts of interest. The qualifications are formalized by an order of the territorial body of the State Service of Ukraine for Food Safety and Consumer Protection, and a record of authorized persons is maintained.

5. Submission of Application

Issuance of certificates is carried out upon the application of the market operator, which can be submitted in person, by mail, or electronically through the Unified State Web Portal of Electronic Services (Diia Portal). The application must include all necessary information and documents, such as copies of foreign economic contracts and supporting documents proving the conformity of the cargo to the requirements of the destination country.

6. Issuance Timelines

International certificates are issued within one working day from the moment of application submission, except in cases where laboratory research is required. In such cases, the timeframe may be extended until the research results are provided.

7. Refusal of Issuance

Refusal to issue a certificate may be justified by the absence of necessary information, inaccurate data, the inability to inspect the cargo, or the establishment of non-compliance with requirements. The decision on refusal must specify the grounds and circumstances.

Issuance of International Certificates

For Cargoes with Non-Animal Food Products, Animal-Derived and Composite Products

The application must contain detailed information about the manufacturer, sender, destination country, description of the cargo, and special requirements of the destination country. Copies of foreign economic contracts, conformity documents, transport documents, and other necessary supporting documents must be attached to the application.

Pre-export Certificates

These certificates are issued when the destination country or the final means of transport is not determined at the time of shipment of the cargo. They contain all necessary information, except for the specification of the destination country or means of transport.

Replacement and Reissuance of Certificates

In case of technical errors, loss, damage, or the need for amendments, certificates may be replaced with new ones indicating the previous number and issuance date. Replaced certificates are annulled in the information systems of the State Service of Ukraine for Food Safety and Consumer Protection.

Requirements for Forms and Language of Issuance

International certificates are issued in Ukrainian, English, or the language of the destination/transit country. They must have a unique identification number, be signed by authorized persons, and be certified by the seals of the issuing authorities. The format of the documents may be one-page or multi-page with appropriate numbering.

Appendices to the Certificate Issuance Procedure

The order includes 15 forms of international certificates for various categories of food products, such as meat from different animal species, eggs, dairy products, honey, fish, and other animal and non-animal products. Each form corresponds to specific requirements for a particular type of product.

Control and Registration

The issuance and circulation of international certificates are controlled by the Deputy Minister of Agrarian Policy and Food of Ukraine. All issued documents are registered in corresponding logs, maintained in both electronic and paper form, with mandatory numbered and certified records.

Financial Aspects

The procedure for issuing international certificates is carried out on a fee-based basis in accordance with the current legislation of Ukraine. The cost of services is established according to part seven of Article 60 of the Law of Ukraine “On Basic Principles and Requirements for Food Safety and Quality.”

Conclusion

Order No. 2252 establishes detailed rules and procedures for the issuance of international certificates, ensuring that Ukrainian food products meet international standards and the requirements of destination countries. This contributes to strengthening trust in Ukrainian products in the global market and ensures their safety and quality.[:]

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