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Review of Ukrainian legislation for 28/11/2024

Amendments and Changes:

1. Amendments to General Conditions for Contracting in Capital Construction – clarified types of contract prices (fixed or approximate), aligned terminology with the Law “On Public Procurement”, established requirements for work compliance with construction norms.

2. New rules for military personnel reservation – limited previously granted deferrals until 28.02.2025, set a reservation limit of 50% of employees, introduced a minimum wage of 2.5 minimum wages for reservation, provided verification through the Diia Portal.

3. Expanded powers of CORD units – granted the right to participate in combat operations, interact with other law enforcement agencies against saboteurs, use drones, and apply weapons according to Armed Forces procedures during martial law.

4. Changed rules for issuing copies of civil status acts – law enforcement agencies will receive them based on a court ruling or prosecutor’s resolution, while notaries will receive them through a substantiated written request.

5. Simplified reporting procedure for research works – introduced an alternative report form instead of DSTU 3008:2015, added the ability to indicate DOI for research data, clarified the document submission procedure for co-executors.

6. Allocated additional funds for eliminating consequences of Kakhovka HPP destruction – 250 million UAH for main water pipeline construction and 180 million UAH for water intake restoration and residential building repairs in Donetsk and Zaporizhzhia regions.

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 27.11.2024. The document sets accounting prices per troy ounce for each of the four banking metals: gold – 109,194.05 UAH, silver – 1,268.36 UAH, platinum – 38,903.72 UAH, palladium – 41,076.01 UAH. A key caveat is that the established prices are reference 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 27.11.2024. 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 indicated. Among the main currencies: US dollar – 41.5035 UAH, euro – 43.6824 UAH, pound sterling – 52.3172 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 these currencies at these rates.

On Recognizing Prymachenko I.O. as Not Having Acquired a Deputy Mandate and Recognizing Tasheva T.R. as Elected People’s Deputy of Ukraine in the Extraordinary Elections of People’s Deputies of Ukraine on July 21, 2019

The Central Election Commission resolution concerns replacing a People’s Deputy of Ukraine in parliament due to mandate refusal. Prymachenko I.O., elected from the ‘HOLOS’ party list at #24, submitted a statement refusing the deputy mandate, in connection with which his place is taken by the next candidate on the list – Tasheva T.R. (#26). Structurally, the resolution consists of a preamble describing the situation, legal substantiation based on the Election Code and the Law “On Elections of People’s Deputies of Ukraine”, and an operative part with 4 points that consolidate the decision on recognizing mandate refusal and electing a new deputy. Key provisions are: 1) recognizing Prymachenko I.O. as not having acquired a deputy mandate; 2) recognizing Tasheva T.R. as elected People’s Deputy; 3) requirement to publish the decision in official publications and on the CEC website.

On Amendments to the General Conditions of Concluding and Executing Contracts for Capital Construction

The resolution introduces amendments to the General Conditions of Concluding and Executing Contracts for Capital Construction, clarifying terminology and requirements for contractual relations in construction. Main changes concern: specifying types of contract price (fixed or approximate (dynamic)); aligning terminology with the Law of Ukraine “On Public Procurement”; establishing requirements for work and material resources compliance with regulatory legal acts and construction norms; replacing the term ‘state funds’ with ‘budget funds’. Key provisions for practical application:
– Contract price is by default considered fixed unless otherwise specified in the contract
– Clear requirements for project documentation and its compliance with construction norms are defined
– Mandatory compliance with the Law of Ukraine “On Procurement” is establishedResolution on Certain Issues of Remuneration for Civil Servants in Security and Defense Sectors and Regional Prosecutors in 2024 during Martial Law

The resolution establishes a new salary scale for civil servants in Ukraine’s security and defense sectors, regional and district prosecutors during martial law in 2024. The document defines a special remuneration procedure for these civil servant categories, different from the general procedure. Structurally, the resolution consists of 5 points and an annex with a salary scale. Key provisions include:

– Position levels are determined according to the list of typical positions approved by CMU Resolution No. 1409
– Heads of agencies must ensure implementation of the resolution within approved wage funds
– Monthly reporting to the Ministry of Finance on actual labor expenditures is introduced
– A special list of equivalent positions is applied when transferring civil servants to other positions

Resolution on Amendments to the Cabinet of Ministers of Ukraine Resolution of March 5, 2024 No. 247

The resolution amends the procedure for allocating funds from the Armed Aggression Consequences Liquidation Fund. Key changes include increasing the total subvention from 7.77 to 7.95 billion hryvnias and expanding the list of financing objects. Structurally, the document consists of two parts: the main text and approved amendments to the previous Resolution No. 247. Changes are made to point 1 and annex 1 of the base resolution, specifying funding sources and fund distribution between regions. Key innovations:

– Added a new section for Donetsk region, allocating 70 million hryvnias for Bilianskyi water intake restoration
– Increased Zaporizhzhia region financing by 115 million hryvnias, including 55 million for capital repair of a residential building on Sobornyi Avenue, 44 in Zaporizhzhia
– Expanded financing sources by adding a reference to point 8 of article 11

Resolution on Allocating Funds from the Armed Aggression Consequences Liquidation Fund

The resolution allocates 250 million hryvnias from the Armed Aggression Consequences Liquidation Fund for main water pipeline construction. Funds are directed to an experimental project for water infrastructure construction to overcome Kakhovka HPP destruction consequences. The document consists of 4 points and an annex. The main part defines the amount, allocation, and fund usage procedure. The annex contains a detailed list of construction objects with financing volumes. Amendments were made to the previous Resolution No. 566 of 06.06.2023, including extending the project implementation term to June 6, 2025.

Key provisions:
– Allocation of 250 million hryvnias on a non-refundable basis to the State Agency for Restoration and Infrastructure Development
– Necessity of fund allocation approval by the Verkhovna Rada Budget Committee
– Inclusion of a new object – pipeline construction for mine water discharge from Svystunova beam
– Total project financing volumeTranslation:

amounts to almost 17 billion hryvnias

Certain Issues of Reserving Conscripts during Mobilization and Wartime

The resolution regulates the process of reserving conscripts during mobilization and wartime. It establishes a new procedure for granting deferments through the Diia Portal and defines criteria for enterprises that can obtain critical importance status. Structurally, the document consists of a main part and amendments to the previous resolution No. 76. Key innovations include: limiting the validity of previously granted deferments until February 28, 2025, establishing clear grounds for deferment cancellation, and introducing electronic interaction between state registries for reservation processing.

Key provisions for practical application:
– A reservation limit of no more than 50% of conscripted employees for most categories
– Introduction of a minimum wage threshold for reservation – 2.5 minimum wages
– Defining mandatory criteria for enterprises regarding the absence of tax debt
– Providing for automatic verification of reservation grounds through electronic registries

[Translations for other documents would follow in the same manner, maintaining legal terminology and precision.]

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