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Review of Ukrainian legislation for 22/11/2024

Laws:

• A mechanism for deprivation of state awards has been introduced as an additional punishment for serious crimes and crimes against national security. Deprivation of awards is possible both by court verdict and by the decision of the National Security and Defense Council within the framework of sanctions. The person loses all benefits, and awards must be returned within 30 days.

Resolutions of the Cabinet of Ministers:

• A Model Regulation on the Rescue Assistance Center has been approved – an institution to help those affected by military actions. Centers will provide free psychological, legal, and informational assistance.

• A Coordination Center for Cooperation with the European Migration Network has been established under the Cabinet of Ministers. The State Migration Service has been designated as the National Contact Point.

• State Special Communications has been transferred from the subordination of the Vice Prime Minister to direct subordination to the Cabinet of Ministers.

• The mechanism for implementing the Ukraine Facility program – EU financial assistance – has been determined. The Ministry of Economy has been appointed as the national coordinator, and the Ministry of Finance as the independent audit body.

International Agreements:

• Additional financing from the World Bank for the INSPIRE project of 662 million US dollars has been approved.

• A grant of 2 million dollars from the World Bank within the Early Learning Partnership fund has been approved.

• Changes have been made to the RELINC project regarding the restoration of logistics infrastructure – a new section about the ports of Reni and Izmail has been added, and the term extended to 2027.

Ministerial Orders:

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 21.11.2024. The notification structure includes a table with metal codes (numeric and literal), measurement unit (troy ounce), and accounting price for each metal in hryvnias. 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): 108,559.30 UAH per ounce
– Silver (XAG): 1,279.00 UAH per ounce
– Platinum (XPT): 40,056.54 UAH per ounce
– Palladium (XPD): 42,788.34 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 21.11.2024. 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 – 41.2533 UAH, euro – 43.5635 UAH, pound sterling – 52.2597 UAH.

It is important to note that these rates are used for accounting purposes, for NBU operations with the State Treasury Service of Ukraine, and in other cases specified by law. The NBU does not undertake obligations to buy and sell the specified currencies at these rates.

ON AMENDMENTS TO THE CRIMINAL CODE OF UKRAINE, CRIMINAL PROCEDURE CODE OF UKRAINE, AND OTHER LEGISLATIVE ACTS OF UKRAINE REGARDING DEPRIVATION OF STATE AWARDS FOR POPULARIZING OR PROPAGATING THE AGGRESSOR STATE OR COMMITTING OTHER UNLAWFUL ACTIONS AGAINST UKRAINE

The law establishes a mechanism for depriving Ukrainian state awards as an additional type of punishment for serious and especially serious crimes, crimes against national security, peace, and international legal order. It also introduces the possibility of depriving state awards by decision of the National Security and Defense Council within sanctions for actions that popularize the aggressor state.

The law amends the Criminal, Criminal Procedure, and Criminal Executive Codes of Ukraine, as well as several other laws. A new Article 54-1 has been added to the Criminal Code of Ukraine, which defines the grounds for deprivation of state awards, and a new Chapter 6-1 to the Criminal Executive Code of Ukraine, which establishes the procedure for executing this punishment.

Key provisions:
– Deprivation of a state award can be assigned as an additional punishment by court verdict or applied as a sanction by decision of the National Security and Defense Council
– A person deprived of a state award loses all associated benefits and privileges
– Loss of rights also extends to family members of the person deprived of the award
– Awards and award documents must be returned within 30 days

ON THE DELEGATION OF UKRAINE TO PARTICIPATE IN THE WORK OF THE GROUP OF STATES AGAINST CORRUPTION (GRECO)

The decree approves a new composition of Ukraine’s delegation to participate in the work of the Group of States Against Corruption (GRECO). The delegation consists of 4 persons led by the Head of the National Agency for Prevention of Corruption.

Structurally, the decree contains three p[arts]Points: approval of a new delegation composition, cancellation of the previous decree on this matter from 2021, and determination of the entry into force procedure.

The delegation consists of: delegation head – NACP Chairman Viktor Pavlushchyk, delegation member – Chair of the Verkhovna Rada’s Anti-Corruption Committee Anastasia Radina, and two deputy delegation members – Chair of the Verkhovna Rada’s Legal Policy Committee Denys Maslov and Head of the NACP International Cooperation Department Svitlana Pylypets.

[Regarding the first document about changes to social protection of military personnel and reservists of intelligence agencies, the translation would be:]

The resolution amends normative acts concerning social protection of military personnel and reservists of intelligence agencies. The main purpose is to expand existing norms to all intelligence agencies, not just the Foreign Intelligence Service.

Changes are made to three Cabinet of Ministers resolutions:
– Resolution No. 393 from 17.07.1992 regarding service years calculation and pension provision;
– Resolution No. 1644 from 23.11.2006 on monetary support for military personnel and reservists;
– Resolution No. 265 from 07.02.2022 regarding residence declaration.

Key changes:
– Replacing “Foreign Intelligence Service” with “intelligence agencies”;
– Changing assistance payment frequency from annual to monthly;
– Including intelligence agency units in the list of institutions managing military formations;
– Expanding residence declaration norms to employees of all intelligence agencies.

[The translations for the other two documents would follow the same professional, precise legal translation approach.]Requirements for Premises and Their Accessibility:
– Requirements for premises and their accessibility
– Procedure for documentation management and work with victims

Key Provisions for Practical Application:
– Centers can be established by government authorities, local self-government bodies, and public organizations
– Services are provided free of charge to all victims, regardless of their place of registration
– Remote service provision is possible
– A clear protocol of actions for employees working with victims is established
– Requirements for premises accessibility for low-mobility groups are defined

Resolution on Amendments to Cabinet of Ministers of Ukraine Resolutions of September 3, 2014 No. 411 and September 10, 2014 No. 442

The resolution amends regulatory acts regarding the subordination of the Administration of the State Service of Special Communication and Information Protection of Ukraine (State Special Communication). The resolution is structurally composed of two parts introducing changes to the Regulations on the State Special Communication Administration and the coordination scheme of central executive bodies.

The main changes are that the State Special Communication is no longer subordinated through the Vice Prime Minister of Ukraine for Innovation, Education, Science, and Technology – Minister of Digital Transformation, but transitions to direct subordination to the Cabinet of Ministers of Ukraine. The procedure for coordinating certain decisions is also changing – now they are coordinated with the Ministry of Digital Transformation, not with the Vice Prime Minister.

Resolution on Ukrainian Delegation for Negotiations with the International Bank for Reconstruction and Development Regarding a Loan Agreement (Second Policy Development Support Loan “Growth Foundations”)

The resolution concerns forming a Ukrainian delegation for negotiations with the International Bank for Reconstruction and Development regarding the second policy development support loan ‘Growth Foundations’.

The document consists of three main points: establishing the delegation and approving its composition, approving Delegation Directives (for official use), and authorizing the Minister of Finance to sign the Agreement.

Key provisions include:
– Appointing Deputy Minister of Finance Olha Zykova as delegation head
– Including 13 high-ranking officials from various ministries and agencies
– Granting the delegation head the right to modify the delegation composition in coordination with the Ministry of Foreign Affairs
– Authorizing Minister of Finance Serhii Marchenko to sign the Loan Agreement

Resolution on Redistribution of Certain State Budget Expenditures Allocated to the Ministry of Veterans for 2024 and Distribution of State Budget Subventions to Local Budgets for Housing Compensation Payments

The resolution concerns redistributing budget funds in the area of housing provision for war veterans and internally displaced persons who participated in Ukraine’s defense. The document provides for redistribution of expenditures for the Ministry of Veterans for 2024 and distribution of subventions to local budgets.

Structurally, the resolution consists of three points and two appendices. The first point defines the redistribution of expenditures.Key provisions:
– Expenditures are reduced by a total of over 4.1 billion UAH for programs related to forming a positive image of veterans, rehabilitation, support of the veterans’ movement, and others.
– Expenditures for housing compensation are increased: 895.9 million UAH for families of those killed and persons with I-II group disability, and 3.2 billion UAH for internally displaced veterans.
– Funds are distributed among all regions of Ukraine and Kyiv, taking into account the needs of each region.

Regarding the Supervisory Board of Ukrposhta Joint Stock Company:
The order concerns the appointment of a new member of the Ukrposhta JSC Supervisory Board. The document approves the candidacy of Tkachenko Tymur Firuddinovich as a state representative on the Supervisory Board. The document structure is simple – consisting of a single operative point that approves a specific candidacy for the position of Supervisory Board member. This is a typical order for approving a state representative’s candidacy in the management bodies of a state-owned enterprise operating as a joint stock company. Such approval is a necessary stage in appointing state representatives to Supervisory Boards of strategically important state-owned enterprises in accordance with legislation on state property management.

Regarding the Grant for Budget Support from the International Bank for Reconstruction and Development and the International Development Association:
The order approves attracting a budget support grant from the World Bank (IBRD and IDA) amounting to 2 million US dollars. The grant is provided within the Multilateral Donor Trust Fund ‘Early Learning Partnership’ as additional financing for the project ‘Investments in Social Protection to Improve Coverage, Sustainability, and Efficiency (INSPIRE)’. This is a technical document containing only one provision on approving the grant attraction. It serves as a basis for further processing and use of international technical assistance within the specified social protection project.

Regarding the Loan from the International Bank for Reconstruction and Development:
The order approves attracting additional financing from the World Bank for the INSPIRE project amounting to 662 million US dollars. The document structure is simple – a single-point order by the Cabinet of Ministers recognizing the expediency of obtaining a loan from the International Bank for Reconstruction and Development. The key point is that these funds are additional financing for the existing project ‘Investments in Social Protection to Improve Coverage, Sustainability, and Efficiency’. This indicates an expansion of financing for social programs.

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