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[:uk]Review of Ukrainian legislation for 23/10/2024[:]

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Digest of Ukrainian Legislation

Accounting Prices for Banking Metals

The National Bank of Ukraine has published the accounting prices for banking metals as of October 22, 2024, including gold, silver, platinum, and palladium. These prices do not obligate the National Bank to buy or sell these metals at the specified prices.

Official Exchange Rate of the Hryvnia

The National Bank of Ukraine has published the official exchange rate of the hryvnia as of October 22, 2024, against foreign currencies, including the US dollar, euro, and British pound. The rate is used for accounting purposes and transactions with the state treasury, but the NBU is not obliged to buy or sell currencies at these rates.

Changes in the Composition of Territorial Election Commissions

The Central Election Commission has adopted a resolution regulating changes in the composition of territorial election commissions due to the premature termination of the powers of commission members. The resolution defines the procedure for submitting new nominations to replace commission members and obliges the territorial commissions to inform the public about these changes.

Withdrawal of Yuliya Paliychuk from Candidacy

The Central Election Commission has granted the request of candidate Yuliya Paliychuk to withdraw from the elections, canceling her registration as a candidate. The resolution is based on the norms of the Constitution of Ukraine and legislation regulating the electoral process.

Suspension of Membership of the CEC of the Russian Federation and Belarus

The Central Election Commission has appealed to the election administration bodies of member countries of the World Association of Electoral Bodies, requesting support for the suspension of the membership of the CEC of Russia and Belarus. The resolution emphasizes the violations of international law by these commissions due to the organization of pseudo-elections in temporarily occupied territories.

Regulations on Cashless Payments

The Board of the National Bank of Ukraine has approved the Regulations on Ensuring Cashless Payments in Conditions of a Special Period. The document regulates the procedures for opening and closing accounts, executing payment operations, and the activities of systemically important banks.

Changes to Criminal Legislation

The Law of Ukraine introduces amendments to the Criminal and Criminal Procedure Codes, adapting them to the standards of the Rome Statute. The main changes concern the criminal liability of foreigners, the responsibility of military commanders, the abolition of statutes of limitations for certain crimes, and new definitions of crimes against humanity.

Procedures for Granting Disability Status

A resolution of the Cabinet of Ministers of Ukraine introduces changes to the procedures for granting disability status due to war. The requirements for documents and application submission procedures have been clarified, as well as the rules for verifying information from registers.

Amendments to the Bankruptcy Procedure Code of Ukraine

The new Law of Ukraine implements EU Directive 2019/1023, introducing preventive restructuring procedures. New mechanisms, criteria, and obligations of the parties in the debt restructuring process have been established.

Review of each of legal acts published today:

**On the Accounting Price of Banking Metals**

The National Bank of Ukraine has published the accounting prices for banking metals as of October 22, 2024. In particular, the accounting price for gold is 112,901.16 UAH per troy ounce, for silver – 1,404.28 UAH, for platinum – 42,198.14 UAH, and for palladium – 44,273.86 UAH. It is important to note that these accounting prices do not impose any obligation on the National Bank to buy or sell these metals at the specified prices.

**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 22, 2024. The document provides the rates for various currencies, including the US dollar (41.2833 UAH), euro (44.8130 UAH), and British pound (53.7550 UAH). The rate reflects the amount of hryvnia per unit of foreign currency, which is used for accounting and transactions with the state treasury. It is important to note that the NBU is not obligated to buy or sell currencies at these rates.

**On the Continuation of the Duties of the Deputy Minister for Digital Development, Digital Transformation, and Digitalization**

The Cabinet of Ministers of Ukraine’s order dated October 18, 2024, No. 1013-r concerns the continuation of the duties of Komirnyi Anatoliy Vitaliyovych as the Deputy Minister for Community and Territorial Development of Ukraine. This decision was made in connection with the renaming of the Ministry of Community Development, Territories, and Infrastructure of Ukraine.

**On the Appointment of Honcharuk V.F. as the Deputy Head of the State Labor Service of Ukraine**

The Cabinet of Ministers of Ukraine’s order dated October 18, 2024, No. 1012-r pertains to the appointment of Volodymyr Honcharuk as the Deputy Head of the State Labor Service of Ukraine. The appointment takes effect from the moment of actual performance of official duties and is valid for 12 months following the termination or cancellation of martial law. The remuneration is determined in accordance with current legislation.

**On the Dismissal of Holovni V.O. from the Position of Deputy Minister of Agrarian Policy and Food of Ukraine**

The Cabinet of Ministers of Ukraine’s order dated October 18, 2024, No. 1011-r concerns the dismissal of Vitaliy Oleksandrovych Holovni from the position of Deputy Minister of Agrarian Policy and Food of Ukraine. The dismissal will take place on November 1, 2024, at his own request.

**On Changes in the Composition of Territorial Election Commissions Responsible for Preparing and Conducting Local Elections**

This resolution of the Central Election Commission dated October 17, 2024, No. 58 regulates changes in the composition of territorial election commissions responsible for preparing and conducting local elections. It is necessitated by the early termination of the powers of commission members due to absences from meetings without valid reasons, as well as due to the death of one of the members. The resolution establishes the procedure for submitting new candidates to replace commission members and obliges territorial commissions to inform the public about these changes. Importantly, new candidates must be submitted by October 18, 2024.

**On the Statement of Candidate for People’s Deputy of Ukraine in the Nationwide Multi-Mandate Electoral District in the Extraordinary Elections of People’s Deputies of Ukraine on July 21, 2019, Palijchuk Yu.V., Included in the Electoral List of the Political Party “Servant of the People”**

The Central Election Commission of Ukraine adopted a resolution dated October 17, 2024, in which it satisfied the statement of candidate for People’s Deputy Yuliya Palijchuk to withdraw from the ballot. According to the decision, her registration as a candidate in the nationwide multi-mandate district for the extraordinary elections on July 21, 2019, has been canceled. The resolution is based on the norms of the Constitution of Ukraine, which guarantee citizens’ rights to participate in elections, as well as legislative provisions regulating the electoral process. A copy of the resolution will be sent to Palijchuk and the political party “Servant of the People,” and will also be published on the official website of the CEC.

**On the Appeal of the Central Election Commission to the Election Administration Authorities of the Member Countries of the World Association of Electoral Authorities**

The Central Election Commission of Ukraine, in its resolution dated October 17, 2024, No. 56, appeals to the election administration authorities of the member countries of the World Association of Electoral Authorities to support the suspension of the membership of the Central Election Commission of the Russian Federation and the Central Election Commission of the Republic of Belarus in this organization. The resolution emphasizes that the actions of these commissions violate international law and democratic principles, particularly due to the organization of sham elections in temporarily occupied territories of Ukraine. The CEC of Ukraine stresses the necessity of adhering to international norms in the electoral process and calls for collective action to protect the sovereignty of Ukraine.

**On Certain Issues of Cashless Payments in Ukraine Under Special Conditions**

The resolution of the Board of the National Bank of Ukraine dated October 16, 2024, No. 125 approves the Regulation on ensuring cashless payments in Ukraine under special conditions. The main provisions of the act define the procedure for opening and closing user accounts, executing payment transactions in the national currency, as well as the use of emission payment instruments and electronic money. The document also regulates the activities of systemically important banks and payment system operators, particularly regarding their connection to the national payment system “PROSTIR” and the execution of interbank operations. Requirements are established for reserving payment terminals, receipt paper, as well as readiness for limited or critical operational modes. The resolution cancels previous regulatory legal acts regulating cashless payments during the special period, and the new requirements take effect from the day of official publication.

**On the Appointment of a Judge**

The decree of the President of Ukraine appoints Valentyna Ivanivna Orlenko to the position of judge of the Cherkasy District Administrative Court. This decision is made in accordance with the Constitution of Ukraine, specifically Articles 126 and 128, as well as subparagraph 2 of paragraph 16-1 of Section XV “Transitional Provisions.”

**On the Appointment of Judges**

By the decree of the President of Ukraine, judges have been appointed to local economic courts. In particular, Iryna Yevhenivna Leskina has been appointed as a judge of the Economic Court of Zaporizhzhia region, Tetiana Ihorivna Burhart as a judge of the Economic Court of Lviv region, and Tetiana Ihorivna Demchenko and Oksana Olegivna Musiyenko as judges of the Economic Court of Odesa region. The appointments were made in accordance with the norms of the Constitution of Ukraine and the law “On the Judiciary and the Status of Judges.”

**On the Appointment of Judges**

By the decree of the President of Ukraine dated October 16, 2024, No. 715/2024, a number of judges have been appointed to local general courts. In particular, the following judges have been appointed:
– NEDOBITYUK Natalia Volodymyrivna – Industrial District Court of Dnipro city;
– PATSKO Olha Oleksiivna – Korosten City District Court of Zhytomyr region;
– NYZHYNYK Hryhoriy Petrovych – Oleksiyiv District Court of Zhytomyr region;
– TSYRULEVSKA Maryna Volodymyrivna – Baryshiv District Court of Kyiv region;
– SAMSONENKO Ruslan Volodymyrovych – Tetiiv District Court of Kyiv region;
– ANAPRIIUK Snihana Petroivna – Fastiv City District Court of Kyiv region;
– PIDHIRSKA Halyna Olegivna – Kirovohrad District Court of Kirovohrad region;
– IVASENKO Solomiia Mykhailivna – Starosambir District Court of Lviv region;
– PYISAREV Oleksandr Yuriyovych – Stryi City District Court of Lviv region;
– LOPINA Olena Olegivna – Mykolaiv District Court of Mykolaiv region;
– HURZHIY Anna Vasylivna – Shyriayiv District Court of Odesa region;
– KUNETS Myroslava Hryhorivna – Lukhvytsia District Court of Poltava region;
– MAKEYEV Serhii Viktorovych – Dubno City District Court of Rivne region;

  • District Court of the Ternopil Region;
  • ZAITSEVA Marina Serhiyivna – Ordzhonikidze District Court of Kharkiv;
  • ISHCHENKO Olena Vasylivna – Chervonozavodskyi District Court of Kharkiv;
  • OLIYNYK Vira Mykolaivna – Novovorontsovskyi District Court of the Kherson Region;
  • VOLOSOVSKYI Volodymyr Volodymyrovych – Smila City District Court of the Cherkasy Region;
  • OVSIYENKO Ihor Volodymyrovych – Smila City District Court of the Cherkasy Region;
  • PETRENKO Oleksandr Volodymyrovych – Dniprovskii District Court of Cherkasy;
  • DUDARETS Dmytro Volodymyrovych – Nizhyn City District Court of the Chernihiv Region;
  • TOPIKHA Roman Mykolayovych – Novozavodskyi District Court of Chernihiv.
  • On the Appointment of Judges
    Decree of the President of Ukraine dated October 16, 2024, No. 708/2024 concerns the appointment of judges to local general courts. According to the act, the following individuals have been appointed to the positions of judges:

    • Judge of the Mukachevo City District Court of the Transcarpathian Region – Sidun Vladyslav Myroslavovych;
    • Judge of the Ivankiv District Court of the Kyiv Region – Movchan Vitalii Vitaliiovych;
    • Judge of the Ovidiopol District Court of the Odesa Region – Spichak Vadym Oleksiyovych;
    • Judge of the Tatarbunary District Court of the Odesa Region – Oliylyk Kyrylo Ivanovych.

    On the Appointment of Judges
    The decree of the President of Ukraine pertains to the appointment of judges to local general courts. According to it, Oleksandr Liubchyk has been appointed as a judge of the Artemivsk City District Court of the Donetsk Region, while Pavlo Kovalenko has been appointed as a judge of the Tokmak District Court of the Zaporizhia Region. The decree is based on the relevant articles of the Constitution of Ukraine and legislation on the judiciary.

    On the Appointment of a Judge
    By decree of the President of Ukraine, Hennadiy Vladyslavovych Chapala has been appointed to the position of judge of the Krasnohriadskiy District Court of Dnipro. This decision was made in accordance with the Constitution of Ukraine and the Law of Ukraine “On the Judiciary and Status of Judges.”

    On the Appointment of a Judge
    By decree of the President of Ukraine, Oleksii Volodymyrovych Alekseiev has been appointed to the position of judge of the Inhulets District Court of Kryvyi Rih, Dnipropetrovsk Region. This decision was made in accordance with the articles of the Constitution of Ukraine and the Law of Ukraine “On the Judiciary and Status of Judges.”

    On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding the Clarification of the Procedure for Granting the Status of a Person with a Disability Due to War and a Family Member of a Deceased (Deceased) Defender of Ukraine
    The resolution of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 1171 introduces amendments to the procedures for granting the status of a person with a disability due to war and a family member of a deceased (deceased) Defender of Ukraine. In particular, it clarifies the requirements for the documents that must be submitted to obtain the status, as well as detailing the procedures for submitting applications in both paper and electronic forms through the Diia Portal.
    The amendments relate to the clarification of criteria for determining disability, the presence of a criminal record, as well as requirements for documents confirming the applicant’s status. In particular, new formulations regarding the submission of applications, data verification, and the process of processing requests and notifications about the granting of status have been introduced.
    The resolution also stipulates that in case of refusal to grant the status, local structural units for veteran policy must inform the applicant about the possibility of resubmitting the application. Additionally, the changes concern the rules for verifying information from the Unified State Register of Court Decisions.

    On Amendments to Certain Orders of the Cabinet of Ministers of Ukraine on Allocating Funds from the Reserve Fund of the State Budget
    The order of the Cabinet of Ministers of Ukraine dated October 15, 2024, No. 1009-r introduces amendments to previous orders regarding the allocation of funds from the reserve fund of the state budget. The main changes pertain to the correction of the amounts allocated to cover the expenses of state, communal, and private property objects for March, April, and May 2024. In particular, the amounts allocated for the budget of the Luhansk region, the budget of Kyiv city, and other expenditure items are reduced. Each change contains specific figures that replace those in the texts of previous orders, allowing for the clarification of financial information.

    On the Privatization of a Share Package of the Joint Stock Company “United Mining and Chemical Company” by Buyout
    The order of the Cabinet of Ministers of Ukraine dated October 11, 2024, No. 1010-r concerns the privatization of a share package of the Joint Stock Company “United Mining and Chemical Company.” In particular, it supports the proposal of the State Property Fund to buy 1.944 billion ordinary registered shares, which constitutes 100% of the company’s charter capital. The buyout will be carried out by the limited liability company “CEMIN UKRAINE,” which applied to participate in the electronic auction and offered a price of 3,938,351,581 hryvnias.

    On the Gradual Withdrawal from Circulation of Banknotes Denominated at 50 and 200 Hryvnias of the 2003-2007 Samples
    By the resolution of the National Bank of Ukraine dated October 10, 2024, No. 124, a gradual withdrawal from circulation of banknotes denominated at 50 and 200 hryvnias of the 2003-2007 samples is provided. The withdrawal will begin on November 1, 2024, when banks will not be able to issue these banknotes for all types of cash operations but only for crediting to accounts. From this day, the National Bank will cease to issue these banknotes and will ensure their acceptance from banks. Authorized banks are obliged to accept these banknotes and credit them to correspondent accounts. Information about the withdrawal must be placed in bank branches.

    On Amendments to the Criminal and Criminal Procedure Codes of Ukraine in Connection with the Ratification of the Rome Statute of the International Criminal Court and Its Amendments
    The Law of Ukraine on amendments to the Criminal and Criminal Procedure Codes aims to adapt national legislation to the standards of the Rome Statute of the International Criminal Court. The main changes include:

    • Criminal Responsibility of Foreigners: It is established that foreigners who commit crimes outside of Ukraine are subject to legal accountability in Ukraine if they are on its territory.
    • Responsibility of Military Commanders: Military commanders are held accountable for crimes committed by their subordinates if they failed to take measures to prevent them.
    • Statute of Limitations Cancellation: The statute of limitations does not apply to crimes against national security, torture, crimes against peace, and international order.
    • Aggression and War Crimes: The terms of punishment for crimes of aggression and war crimes are increased.
    • Genocide and Crimes Against Humanity: New articles are defined that punish genocide and crimes against humanity with clear definitions and sanctions.
    • Changes in the Criminal Procedure Code: Corrections are made regarding the conduct of investigations into crimes related to international law.

    The law takes effect on the day following its publication.

    Separate Opinion of the Judge of the Constitutional Court of Ukraine Oleg Pervomaisky in the Case on the Constitutional Submission of 51 People’s Deputies of Ukraine Concerning the Compliance of the Constitution of Ukraine (Constitutionality) of the Provisions of Section I, Second Paragraph of Subparagraph 1 of Paragraph 2 of Section II of the Law of Ukraine “On Recognizing as Invalid the Law of Ukraine ‘On the List of Objects of State Property that Are Not Subject to Privatization'”

    Separate Opinion of the Judge of the Constitutional Court of Ukraine Oleg Pervomaisky

    The Constitutional Court closed the constitutional proceedings in the case regarding the compliance of the Constitution of Ukraine with the provisions of the Law of Ukraine “On Recognizing as Invalid the Law of Ukraine ‘On the List of Objects of State Property that Are Not Subject to Privatization’.” The reasons for the closure were the improper nature of the questions concerning the powers of the Court and the non-compliance of the constitutional submission with the requirements of the law.

    The Court noted that the authors of the submission essentially raised the issue of a legislative gap, as the Verkhovna Rada has not approved the list of objects that are not subject to privatization.However, the absence of such a list cannot be assessed for constitutionality, as it merely indicates a failure by the legislator to fulfill their obligations.

    Judge Pervomaisky expressed dissent with the decision, noting that there is a risk of losing the authority of the Constitutional Court if it avoids making difficult decisions that could lead to unconstitutional situations.

    On Amendments to the Bankruptcy Procedure Code of Ukraine and Certain Other Legislative Acts of Ukraine Regarding the Implementation of the Directive of the European Parliament and of the Council of the European Union 2019/1023 and the Introduction of Preventive Restructuring Procedures



    Analysis of the Law on Amendments to the Bankruptcy Procedure Code of Ukraine

    Functional Changes in the Bankruptcy Procedure Code of Ukraine

    The new Law of Ukraine on amendments to the Bankruptcy Procedure Code of Ukraine and certain other legislative acts aims to implement the Directive of the European Parliament and of the Council of the European Union 2019/1023. The main focus of the amendments is the introduction of preventive restructuring procedures.

    Implementation of Preventive Restructuring

    The law introduces mechanisms for preventive restructuring aimed at early resolution of financial difficulties faced by enterprises. This procedure allows debtors and creditors to jointly develop a restructuring plan to avoid bankruptcy.

    Amendments to Bankruptcy Procedures

    The Bankruptcy Procedure Code is supplemented with provisions regulating new stages of filing for restructuring, requirements for the restructuring plan, and mechanisms for its approval. Amendments have been made regarding the rights and obligations of the parties during the restructuring process.

    Criteria for Preventive Restructuring

    Clear criteria have been established under which an enterprise may initiate the procedure for preventive restructuring. These include financial incapacity, unstable financial condition, and other indicators that suggest a potential need for restructuring.

    Procedures and Mechanisms

    The law defines detailed procedures for submitting and reviewing restructuring applications, including timelines, required documents, and responsibilities of the involved parties. Mechanisms for monitoring the implementation of approved restructuring plans are also established.

    Rights and Obligations of the Parties

    The rights of the debtor to submit a restructuring application and the obligations of creditors to participate in the process have been defined. The law also regulates the informational duties of the parties and the mechanisms for resolving disputes that may arise during the procedure.

    Implementation of EU Directive 2019/1023

    The law ensures compliance of national legislation with the norms of the European Union Directive 2019/1023, aimed at creating effective frameworks for the restructuring of debtors. This includes the harmonization of procedures, timelines, and mechanisms with European standards.

    Other Legislative Changes

    In addition to amendments to the Bankruptcy Procedure Code, the law introduces changes to other regulatory acts concerning corporate law, protection of creditors’ rights, and ensuring transparency in restructuring processes.

    On Approval of Changes to the List of Territories Where Hostilities Are Conducted (Were Conducted) or Temporarily Occupied by the Russian Federation
    By order of the Ministry for Reintegration of the Temporarily Occupied Territories of Ukraine dated September 16, 2024, changes to the List of Territories Where Hostilities Are Conducted or Temporarily Occupied by the Russian Federation have been approved. The document clarifies data about territorial communities, in particular, amendments have been made to the dates of the commencement and cessation of hostilities for several settlements, as well as new communities have been added. All changes take effect from the day of the official publication of the order.

    On Approval of the Procedure for the Formation and Conditions for the Operation of Special Classes in General Secondary Education Institutions
    By order of the Ministry of Education and Science of Ukraine, the procedure for the formation and operation of special classes in general secondary education institutions for students with special educational needs has been approved. Special classes are created to ensure an individual approach to learning, taking into account the abilities and needs of students. The main tasks include providing general secondary education, creating appropriate learning conditions, psychological and pedagogical support, and involving parents in the educational process.
    Special classes may be formed in all types of educational institutions upon the request of parents and provided that there is an appropriate material and technical base. The maximum class size varies depending on the category of students, and classes may be composed of students of different ages, provided there is a small age difference.
    The educational process in special classes is corrective in nature and is implemented through individual development programs. Teachers working in such classes must have special education, and students may receive education in individual or distance forms. Assessment of learning outcomes is carried out according to defined criteria.
    The order comes into effect on September 1, 2025, and the previous order regarding special classes loses its validity.[:]

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