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Review of Ukrainian legislation for 13/11/2024

Amendments to Legislation on Medical and Social Expertise

The powers of the Central Medical and Social Expertise Commission have been expanded to review decisions of lower-level commissions. A procedure for reviewing decisions at the request of law enforcement agencies has been introduced. The possibility of referring complex cases to specialized institutions for expert examination has been established.

Changes in Medical Technology Assessment

A new basis for assessment has been added – extension of a managed access agreement. The procedure for forming negotiation groups for contract signing has been modified. A requirement to publish summarized information about negotiations every 3 months has been established.

Weapon Use by Civilians

It has been clarified that not only issued weapons but also those found and properly declared in accordance with the Law of Ukraine “On Ensuring Civilian Participation in the Defense of Ukraine” may be used.

Compensation for IDP Accommodation

22.05 million hryvnias have been allocated from the reserve fund to compensate institutions that provided free accommodation to internally displaced persons in July 2024. Funds have been distributed among central executive authorities, local budgets, and private institutions.

Changes to Industrial Fishing Rules

During martial law and for 2 years after, certain requirements for log keeping and marking have been suspended. A new payment procedure for auction winners has been established: 50% within 10 working days, the remainder by July 1. Requirements for fishing gear marking have been modified.

One-time Assistance to Military Personnel

It has been established that the right to assistance in cases where a servicemember has gone missing and been declared deceased arises on the date a court decision becomes legally binding. Priority payment of assistance to persons with Group I disability has been introduced.

New Rules for Pet Feeds

Review of each of legal acts published today:

On the Accounting Price of Banking Metals

This is a daily notification by the National Bank of Ukraine establishing accounting prices for banking metals (gold, silver, platinum, and palladium) as of 12.11.2024. The notification structure includes a table with metal codes (numeric and literal), measurement unit (troy ounce), and accounting price in hryvnias for each metal. It is important to note that these prices are reference and do not create obligations for the NBU to buy or sell metals at the specified prices.

Key accounting prices for the date:
– Gold (XAU): 109,783.15 UAH per ounce
– Silver (XAG): 1,288.69 UAH per ounce
– Platinum (XPT): 40,261.52 UAH per ounce
– Palladium (XPD): 40,791.37 UAH per ounce

On the Official Exchange Rate of Hryvnia to Foreign Currencies

This is a daily notification by the National Bank of Ukraine establishing the official exchange rate of hryvnia to 35 foreign currencies as of 12.11.2024. The document contains a table with currency rates, where for each currency its numeric and literal code, number of units, full name, and official rate relative to hryvnia are indicated. Among the main currencies: US Dollar – 41.2981 UAH, Euro – 43.9949 UAH, British Pound – 53.2043 UAH.

Key provisions for use:
– Rates are used for accounting purposes
– Applied for NBU operations with the State Treasury Service of Ukraine
– NBU has no obligations to buy or sell currencies at the specified rates
– Rates are set for a specific date (12.11.2024)

On Amending the Order of the Cabinet of Ministers of Ukraine dated August 12, 2020, No. 995

The order amends the staffing structure of the State Service of Special Communication and Information Protection of Ukraine, increasing the number of Deputy Heads from four to five persons.

Structurally, the document is a simple order containing only one change – replacing the word ‘four’ with ‘five’ in the base order from August 12, 2020. The key provision is expanding the management composition of the State Service of Special Communication and Information Protection of Ukraine by adding one more Deputy Head position.

On Cancellation of the Order of the Cabinet of Ministers of Ukraine dated November 5, 2024, No. 1087

The order cancels the previous decision of the Cabinet of Ministers of Ukraine on dismissing Trofymenko V.M. from the position of Deputy Head of the State Service of Special Communication and Information Protection of Ukraine.

The document structure is simple – it contains only one administrative provision to cancel the previous act. In fact, this order restores the previous status of the official – Trofymenko V.M. remains in the position of Deputy Head of the State Special Communication Service, as the decision on his dismissal is cancelled.

On Amending Article 2-1 of the Presidential Decree dated May 3, 2017, No. 126/2017

The decree amends the list of positions that can be occupied by military personnel of the Armed Forces and other military formations in state bodies.

The document adds to the existing list the positions of head and first deputy head of the Volyn Regional State Administration, as well as the first deputy head of the Kharkiv Regional State Administration. Military personnel can now work in these positions while maintaining their status.

The key provisions of the decree relate to expanding opportunities for military personnel in state administration.Translation:

For military personnel to hold leadership positions in regional state administrations of frontline and strategically important regions of Ukraine, while maintaining their military status and rank.

On Dismissal of I. Rudnytskyi from the Position of Head of the Security Service of Ukraine Directorate in Volyn Oblast

The decree concerns personnel changes in the regional directorate of the Security Service of Ukraine. The document dismisses Ivan Lvovych Rudnytskyi from the position of Head of the SBU Directorate in Volyn Oblast. This is a typical personnel decree of the President of Ukraine, which consists of one sentence and contains solely an order to dismiss a specific official. The decree implements the personnel powers of the President of Ukraine as the Supreme Commander regarding the appointment and dismissal of regional SBU leadership in accordance with the Law of Ukraine “On the Security Service of Ukraine”.

On Appointment of M. Biletskyi as Head of Zakarpattia Oblast State Administration

The decree concerns a personnel appointment in the executive power system at the regional level. The President of Ukraine appointed Myroslav Zoltanovych Biletskyi to the position of Head of Zakarpattia Oblast State Administration. Structurally, the decree is a simple single-provision act containing only the operative part about the appointment of an official. This is a typical decree on the appointment of an oblast state administration head, adopted in accordance with the constitutional powers of the President of Ukraine to appoint heads of local state administrations upon submission by the Cabinet of Ministers of Ukraine.

On Appointment of I. Rudnytskyi as Head of Volyn Oblast State Administration

The decree concerns a personnel appointment in the executive power system – appointment of Ivan Lvovych Rudnytskyi to the position of Head of Volyn Oblast State Administration. The structure of the decree is simple – it contains only one administrative provision about the appointment of a specific person to the position. This is a typical decree on the appointment of an oblast state administration head, which is adopted by the President of Ukraine in accordance with his constitutional powers regarding the appointment and dismissal of heads of local state administrations upon submission by the Cabinet of Ministers of Ukraine.

On Relieving from Temporary Duties of Head of Zakarpattia Oblast State Administration

The decree concerns personnel changes in the leadership of Zakarpattia Oblast State Administration. The document terminates the powers of the temporary acting Head of the Oblast State Administration, Myroslav Zoltanovych Biletskyi. Structurally, the decree consists of one point in the operative part, which terminates the temporary performance of duties by an official. This is a typical personnel decree of the President of Ukraine, adopted within the framework of his constitutional powers regarding the appointment and dismissal of heads of local state administrations. It is important to note that this concerns the termination of temporary performance of duties, not dismissal from the position of oblast state administration head.

On Dismissal of Yu. Pohuliaik from the Position of Head of Volyn Oblast State Administration

The decree concerns a personnel matter – dismissal of Yurii Mykhailovych Pohuliaik from the position of Head of Volyn Oblast State Administration. The structure of the decree is simple – it contains only the operative part with one sentence. The reason for dismissal is stated as the official’s own application (dismissal at own request).Presidential Decree on the Dismissal of the Head of the Regional State Administration, adopted in accordance with his constitutional powers to appoint and dismiss heads of local state administrations upon the submission of the Cabinet of Ministers of Ukraine.

Regarding the Dismissal of Ye. Yevtushenko from the Position of Head of the Nikopol District State Administration of Dnipropetrovsk Oblast

By the Decree of the President of Ukraine, Yevhen Vyacheslavovych Yevtushenko has been dismissed from the position of head of the Nikopol District State Administration of Dnipropetrovsk Oblast. The grounds for dismissal was the cancellation of access to state secrets, which corresponds to paragraph 2 of part one of Article 40 of the Labor Code of Ukraine (dismissal due to non-compliance with the position). The key point is that for the head of a district state administration, having access to state secrets is a mandatory condition for holding the position, and its cancellation is a legal basis for dismissal.

On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated December 3, 2009, No. 1317

The resolution amends the procedure for conducting medical and social expertise, in particular regarding the powers of the Central Medical and Social Expert Commission of the Ministry of Health and the procedure for verifying the validity of disability decisions. The main changes concern: 1) the possibility of assigning the functions of the Central MSEC to enterprises/institutions under the management of the Ministry of Health; 2) expanding powers to review decisions of lower-level commissions; 3) introducing a procedure for reviewing decisions at the request of law enforcement agencies.

Key innovations:
– Detailed procedure for reviewing disability decisions at the request of law enforcement agencies
– Defined grounds for canceling previous decisions if a person refuses examination
– Established the possibility of referring complex cases to expert examination at specialized institutions
– Provided for the mandatory consideration of consultative conclusions of specialized institutions when making decisions

On Amendments to the Resolutions of the Cabinet of Ministers of Ukraine dated December 23, 2020, No. 1300 and January 27, 2021, No. 61

The resolution amends the procedure for conducting state assessment of medical technologies and the procedure for concluding managed access agreements for medicines. Structurally, the document consists of two main blocks of changes: the first concerns the assessment of medical technologies, the second – the procedure for negotiations and concluding managed access agreements. The main changes are aimed at clarifying procedures and expanding existing provisions.

Key innovations include:
– Added a new basis for conducting medical technology assessment – extension of a managed access agreement
– Clarified the applicant’s responsibility for information accuracy
– Detailed criteria for MoH decision-making on medical technologies
– Changed the procedure for forming and working of negotiation groups for managed access agreements
– Established a requirement to publish summarized information about negotiations every 3 months

On Amendments to Paragraph 4 of the Procedure for the Use of Firearms by Civilians During Repulsion and Containment of Armed Aggression by the Russian Federation and/or Other States Against Ukraine During Martial Law

The resolution introduces amendmentsRegarding the Procedure for the Use of Firearms by Civilians during Martial Law, clarifying that weapons obtained or found and declared in accordance with the Law of Ukraine “On Ensuring Civilian Participation in the Defense of Ukraine” are permitted to be used. The resolution structurally consists of two points: the first introduces amendments to the existing Procedure, the second determines the procedure for entry into force. The changes involve supplementing the first paragraph of paragraph 4 of the Procedure with a clarification regarding the legal status of weapons. The key point is that the resolution is synchronized with the implementation of Law No. 3899-IX concerning the improvement of the procedure for obtaining, declaring, and handling firearms. This means that civilians will be able to legally use not only weapons issued to them but also those found and properly declared.

Resolution on Allocating Funds from the State Budget Reserve Fund to Cover Expenses for July 2024 for State, Municipal, and Private Property Facilities

The order provides for the allocation of 22.05 million hryvnias from the state budget reserve fund to compensate institutions that freely accommodated internally displaced persons in July 2024. Structurally, the document consists of two points and three annexes. The first point defines the distribution of funds among three categories of recipients: central executive bodies (3.92 million hryvnias), Ministry of Reintegration for local budgets (16.4 million hryvnias), and regional military administrations for private institutions (1.73 million hryvnias). The second point establishes the procedure for approving expenses and reporting.

Key provisions for application:
– Funds are allocated on a non-refundable basis
– Recipients must approve the list of expenses within 5 days, coordinated with the Ministry of Reintegration, Ministry of Economy, and Ministry of Finance
– Reporting on the use of funds must be completed by December 27, 2024
– Annexes contain a detailed distribution of funds among specific bodies and regions

Resolution on Agreeing to Transfer a Building in Rivne to State Ownership

The order concerns the transfer of a specific building in Rivne from municipal to state ownership for the needs of the Office of the Prosecutor General. Structurally, the document is a simple single-purpose administrative act containing only the operative part regarding the approval of property transfer.

Key elements of the order:
– Transfer object: building at 16 Lypnia Street, 73 in Rivne (registration number 2970238556060)
– Land plot of 0.0954 hectares (cadastral number 5610100000:01:041:0642)
– New owner: the state represented by the Office of the Prosecutor General
– Previous owner: municipal ownership (Rivne Regional Council)

Resolution on Redistribution of Subvention from the State Budget to Local Budgets for Project, Construction and Repair Works, Housing and Premises Acquisition for Family and Other Care Forms, Support of Small Group Houses, and Housing Provision for Orphans, Children Deprived of Parental Care, and Persons from Their Number in 2024

The order regulates the redistribution of subvention from the state budget to local budgets for housing provision for orphans and development of family care forms in 2024. The total redistribution amount is 50.183 million hryvnias. The document consists of three points and an annex. The main part defines the legal grounds and

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