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Review of Ukrainian legislation for 19/11/2024

Creation of the Interagency Housing Restoration Group

An Interagency Working Group on Housing Sector Restoration has been established under the Cabinet of Ministers. It is headed by the First Vice Prime Minister. The group will coordinate the preparation of a housing restoration plan and ensure its compliance with EU commitments. The group will also analyze the implementation of the Memorandum with the World Bank.

Changes Regarding Spousal Alimony

The Constitutional Court declared unconstitutional the use of the subsistence minimum as the sole criterion for determining spousal support. The need for support must be determined individually by comparing the income and expenses of both spouses. Social benefits from the state cannot influence the assignment of alimony.

Deductions from Convicted Persons’ Salaries

The list of deductions from convicted persons’ salaries has been expanded. Now, in addition to taxes and fees, deductions can be made based on executive documents.

Additional Rewards for National Guard Servicemembers

The grounds for paying additional rewards to National Guard servicemembers have been expanded. The possibility of receiving a reward for performing tasks directly on the territory of the aggressor state has been added. The terminology has been changed from “enemy territory” to “territory of the aggressor state”.

Food Product Control

New methods for sampling and laboratory research have been approved to determine the levels of trace elements and contaminants in food products. Requirements have been established for the minimum number of samples, rules for forming combined samples, and criteria for the acceptability of research results.

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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 as of 18.11.2024. The document sets accounting prices for four types of banking metals per troy ounce: gold (XAU) – 106,044.82 UAH, silver (XAG) – 1,263.79 UAH, platinum (XPT) – 39,152.05 UAH, palladium (XPD) – 39,483.11 UAH. It is important to note that the established prices are accounting prices and do not create obligations for the NBU to buy or sell banking metals at these prices. These prices are used by banks for accounting of banking metal operations and normative calculations.

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 18.11.2024. The document contains a table with currency rates, where for each currency its digital and literal code, number of units, full name, and official rate relative to hryvnia are specified. Among the main currencies: US dollar – 41.2796 UAH, euro – 43.6532 UAH, pound sterling – 52.3260 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 and sell currencies at the specified rates

On the Dismissal of Lagunin M.S. from the Position of Deputy Head of the State Service of Ukraine for Transport Safety

The order concerns a personnel matter – dismissal of an official from a central executive authority. The document provides for the dismissal of Mykyta Serhiyovych Lagunin from the position of Deputy Head of the State Service of Ukraine for Transport Safety. The basis for dismissal is a mutual agreement in accordance with point 3 of the first part of Article 83 of the Law of Ukraine “On Civil Service”. The order is an individual legal act that does not contain normative provisions. It is signed by the Prime Minister of Ukraine and takes effect from the moment of its signing.

On the Dismissal of Zborovskyi Ye.S. from the Position of Head of the State Service of Ukraine for Transport Safety

This is an order of the Cabinet of Ministers of Ukraine on a personnel decision – dismissal of the head of a central executive authority. The document provides for the dismissal of Yevhen Serhiyovych Zborovskyi from the position of Head of the State Service of Ukraine for Transport Safety. The basis for dismissal is the official’s transition to another job in accordance with point 1 of the first part of Article 41.Law of Ukraine “On Civil Service”

The key provision is the formulation of the ground for dismissal – at one’s own request in connection with moving to another job, which is one of the legal grounds for terminating civil service on the initiative of a civil servant.

Regarding the specific documents:

1. On Dismissal of Yu.M. Myronenko from the Position of Head of the State Service of Special Communication and Information Protection of Ukraine

The order concerns a personnel matter – dismissal of the head of one of the central executive authorities. Yurii Mykolaiovych Myronenko is being dismissed from the position of Head of the State Service of Special Communication and Information Protection of Ukraine. The basis for dismissal is the official’s own desire. The order is a typical act of the Cabinet of Ministers of Ukraine on personnel matters. It contains only the operative part about dismissing a specific person from a specific position, indicating the reason for dismissal.

2. On the Establishment of an Interdepartmental Working Group on Housing Sector Restoration

The resolution creates an Interdepartmental Working Group on Housing Sector Restoration as a temporary advisory body under the Cabinet of Ministers of Ukraine. The group is headed by the First Vice Prime Minister of Ukraine – Minister of Economy, and includes representatives of key ministries and agencies. The document consists of the main part and two annexes: the composition of the Interdepartmental Group and its Regulations. The Regulations define the legal status, tasks, rights, and working procedure of the group.

Key tasks of the group include:
– Coordinating actions of authorities regarding the preparation of a housing sector restoration plan
– Ensuring the plan’s compliance with Ukraine’s obligations to the EU
– Improving the regulatory framework for housing restoration
– Analyzing the implementation of state policy within the framework of the Memorandum with the World Bank

3. Separate Opinion (Concurring) of the Constitutional Court of Ukraine Judge Oleh Pervomaisky in the Case on the Constitutional Submission of the Supreme Court on the Conformity of Part Four of Article 75 of the Family Code of Ukraine with the Constitution of Ukraine

The separate opinion of the Constitutional Court Judge Pervomaisky concerns the decision on the unconstitutionality of part 4 of Article 75 of the Family Code of Ukraine, which defined the criterion of need for material assistance for one of the spouses through the subsistence minimum. Structurally, the document consists of several parts: description of the Constitutional Court’s decision, analysis of its motivation, consideration of controversial points, and general conclusions. The key argument for recognizing the norm as unconstitutional is its inconsistency with the principle of equality of rights and obligations of spouses (Article 51 of the Constitution).

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